Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 270-12 Word usage.

For the purposes of this chapter, words and terms used herein shall be interpreted as follows:
A. 
Unless stated otherwise, words in the present tense shall include the future tense.
B. 
Unless stated otherwise, words used in the singular tense imply the plural and words used in the plural tense include the singular.
C. 
The word "shall" or "must" means mandatory; the word "may" or "should" is directive and means strongly encouraged.
D. 
The words "used" or "occupied" as applied to any land or building include the words "intended, arranged, or designed to be used or occupied."
E. 
The word "structure" includes "building"; both terms shall be construed as if followed by the phrase "or part thereof."
F. 
The words "such as," "includes," "including" and "specifically" shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.
G. 
Unless stated otherwise, the male gender is neutral and includes the female gender.
H. 
The word "person" includes a firm, company, corporation, partnership, trust, organization or association, as well as an individual.
I. 
The word "lot" includes the word plot or parcel.
J. 
The term "Board" shall refer to the Zoning Hearing Board.
K. 
If a word or term is not defined by this chapter, but is defined in Chapter 235, Subdivision and Land Development (SALDO), then the SALDO definition shall apply. If a word or term is not defined in this chapter nor the SALDO, then the word or term shall have its plain and ordinary meaning within the context of the section. In the latter case, a standard reference dictionary should be consulted.

§ 270-13 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ABUT
Areas of contiguous lots that share a common property or lot line, except not including lots entirely separated by a street or a waterway. See Diagram 270-13A. See also definition of "adjacent."
270 Diagram 2.1.2.A.tif
Diagram 270-13A
ACCESS DRIVE
A private improved surface other than a street or driveway designed and constructed to provide for vehicular movement from a street to a parking area, garage, dwelling, building or other structure within a lot or a property containing any use other than one single-family or two-family dwelling or farm. For purposes of this chapter, access drives shall be required for all commercial, institutional, industrial, multifamily and all other uses not served by a driveway as defined in this chapter.
ACCESSORY STRUCTURE
A structure closely incidental or subordinate to the principal building or land on the same lot and serving a purpose customarily incidental or subordinate to the use of the principal building or land use on the same lot. See Diagram 270-13B.
270 Diagram 2.1.2.B.tif
Diagram 270-13B
ACCESSORY USE
A use closely incidental or subordinate to the principal use of a building or land on the same lot and serving a purpose customarily incidental or subordinate to the use of the principal building or land on the same lot.
ACTIVE SOLAR ENERGY SYSTEM
A solar energy system that requires external mechanical power to move collected heat.
ADJACENT
Two or more lots that share a common property or lot line or that are separated only by a street or waterway from each other. See Diagram 270-13A. See also the definition of "abut."
ADULT-RELATED USES
A business or club that engages in one or more of the following areas of sales, services or entertainment:
A. 
An establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, physical therapist or similar professional licensed by the commonwealth.
B. 
Any establishment or business that provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
C. 
Any establishment that has a substantial or significant portion of its stock-in-trade in:
(1) 
Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and
(2) 
Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
D. 
A nightclub, theater, bar or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
E. 
Any establishment or business that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service or a facility offering massage provided exclusively by massage therapists who are certified by a professional organization that requires at least 100 hours of professional training.
F. 
An enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
G. 
Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment that meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
H. 
A motel or similar establishment offering public accommodations for any consideration, that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
I. 
Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
J. 
An enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
K. 
Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
L. 
Any establishment or business that provides an outcall service that consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
M. 
Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
N. 
A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
O. 
A commercial use that has 50% or more of its stock-in-trade consisting of videotapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction or description of specified sexual activities or specified anatomical areas.
P. 
Any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
AGENT
Any person, other than the developer, who acting for the developer submits a plan for development, including, but not limited to, subdivision and/or land development, zoning permit, certificate of use and occupancy, special exception, conditional use or variance to the Township for the purpose of obtaining approval(s) thereof.
AGE-RESTRICTED COMMUNITY
A residential development planned and designed for persons over a specified age in conformance with the Federal Fair Housing Act and the Pennsylvania Human Relations Act.[1] Age-restricted communities may include a variety of single-family and two-family dwelling types, or apartments, in accordance with the regulations of the underlying district.
AGRIBUSINESS
Agricultural uses that involve, but are not necessarily limited to, one or more of the following conditions:
A. 
An animal feeding operation that is required to obtain NPDES permits in accordance with the Clean Water Act.[2]
B. 
An animal feeding operation that is required to develop a nutrient management plan in accordance with Pennsylvania Act 38 of 2005.[3]
C. 
Any agricultural operation, whether involving animal, animal product, or vegetable production, which occurs within an enclosed structure with a building footprint exceeding 10,000 square feet.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURE
The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including, but not limited to, the keeping or raising of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other similar animals, but excluding agribusiness. This definition also includes noncommercial greenhouses, as well as the processing and accessory retail sale of goods produced on the farm.
AIRPORT/HELIPORT
A commercial use where aircraft are stored, maintained, repaired and refueled, and where aircraft take off and land. Airports may also include other accessory accommodations for aircraft passengers or cargo, or both. For purposes of this definition, an airport shall be available for use by the general public and may include more than 15 total landings and takeoffs in any seven-day period.
AIRSTRIP/HELIPAD
An area adapted with minimal improvements for use as a temporary runway for aircraft where aircraft take off and land. For purposes of this definition, an airstrip or helipad shall not be generally available for use by the general public and may include not more than 15 total landings and takeoffs in any seven-day period.
AISLES
A private drive intended principally to provide vehicular access within a parking lot for a nonresidential or multiunit residential land use. Although aisles provide interior vehicular circulation, their principal function is to provide entrance and exit for individual parking spaces. Aisles may not be used to intersect streets. See Diagram 270-13O.[4]
ALLUVIAL SOIL
A soil developing from recently deposited alluvium and exhibiting essentially no horizon development or modifications of the recently deposited material.
ALLUVIUM
A general term for all detrital material deposited or transmitted by streams, including gravel, sand, silt, clay and all variations and mixtures of these. Unless otherwise noted, alluvium is unconsolidated.
ALTERATION
As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, to a building or structure or the moving of a building or structure from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
ALTERNATIVE ENERGY FACILITIES
Renewable energy devices which provide a reduction in energy dependence (i.e., solar or wind energy systems).
AMENDMENT
A revision to this chapter or to the Official Zoning Map.
ANIMAL EQUIVALENT UNIT (AEU)
One thousand pounds live weight of livestock or poultry animals, regardless of actual number of individual animals comprising the unit, as defined in the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501.
[5]
ANIMAL HOSPITAL
A commercial use offering veterinary services to all types of animals, which also includes outdoor and overnight boarding of animals.
APARTMENT
An individual dwelling unit within a multifamily dwelling structure or building.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
ASSISTED-LIVING FACILITY
Coordinated and centrally managed rental housing, including self-contained units, designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted-living facilities shall be licensed as personal-care centers by the commonwealth.
ATTACHED STRUCTURE
A permanent roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
AUTHORITY
A body politic and corporate created pursuant to the Municipality Authorities Act, 53 Pa.C.S.A § 5601 et seq.
[6]
AUTOMOBILE SALES/REPAIR/SERVICE/WASHING
This definition includes the following commercial uses:
A. 
The display or sale of new and used cars, trailers or mobile homes where mechanical repairs and body work may be conducted as an accessory use incidental to the principal use. This use shall also include the sale of boats, heavy equipment, recreational vehicles, trucks and other similar motor vehicles.
B. 
The practice of mechanical and/or body repairs, storage, rental, servicing and/or supplying of gasoline or oil to automobiles, trucks, or similar motor vehicles.
C. 
The retail sale of gasoline, oil, or other fuel, which may include facilities used for servicing automobiles, trucks and other similar motor vehicles.
D. 
The washing and polishing of automobiles, which may include accessory services.
BANK
A commercial use. See definition of "financial institution."
BASEMENT
Any areas of the building having a floor below the average finished grade.
BED-AND-BREAKFAST INN
An accessory use to an owner-occupied principal dwelling contained in the principal dwelling and/or its accessory structure that includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests and does not exceed the maximum number of overnight guests specified in § 270-99 for this use; that does not provide any cooking facilities for actual use by guests, and that only provides meals to overnight guests, employees of the establishment and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees of the establishment and their family.
BERM
A landscaped mound of earth or the act of pushing earth into a mound to shield, screen, separate and/or buffer two separate, incompatible land uses. Berms also may be used to provide visual interest, decrease noise and control the direction of water flow.
BILLBOARD
A sign, whether freestanding or attached to the surface of a building or other structure, upon which images, messages, or both, of any kind are printed, posted or lettered to advertise products, services or business at a location other than the premises on which the sign is placed, or to disseminate other messages. For purposes of this definition, billboards shall be considered off-premises signs.
BLOCK
A tract of land or a lot or group of lots, bounded by streets, public parks, railroad right-of-way, watercourses or bodies of water, boundary lines of the Township or any combination of the above.
BUFFER
An area within a property or site and generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, that is designed to limit the view, sound and/or light from the site to adjacent sites or properties.
BUILDING
Any structure, either temporary or permanent, having walls and a roof or other covering, designed or used for the shelter or enclosure of any person, animal or property of any kind or combination thereof, including tents, awnings or vehicles situated on private property and used for purposes stated above.
A. 
A building which is connected to another by two or more party walls in common, except for end units which are considered semidetached. For purposes of this definition, attached buildings shall each have one front yard and one rear yard, and two party walls in common with and attached to two other buildings, except for end units which are considered semidetached. See Diagram 270-13C.
B. 
A building that is not connected to any other building and is completely surrounded by permanent open space. For purposes of this definition, detached buildings shall have two side yards, one front yard and one rear yard. See Diagram 270-13C.
C. 
A building that is connected to another building by only one party wall in common. For purposes of this definition, semidetached buildings shall each have one side yard, one front yard, one rear yard and one party wall in common with and attached to another building. End units of attached buildings shall be considered semidetached buildings. See Diagram 270-13C.
270 Diagram 2.1.2.C.tif
Diagram 270-13C
BUILDING COVERAGE
The horizontal area measured around the exterior foundation of the walls of buildings plus the floors of roofed porches, patios, decks, awnings and terraces, and including the area of all accessory buildings.
BUILDING HEIGHT
The total overall height in feet of a building measured from the average finished grade of the building to the highest point of the roof. See Diagrams 270-13D and 270-13E. Fence or wall height shall be measured as the vertical distance from the average level of the ground adjacent to the fence or the wall to the top of the highest projection.
270 Diagram 2.1.2.D.tif
Diagram 270-13D
270 Diagram 2.1.2.E.tif
Diagram 270-13E
BUSINESS AND/OR INDUSTRY PARK
A commercial office, industrial or mixed commercial-industrial use of a tract of land designed and developed from a single, unified plan, involving the layout of lots, buildings and improvements together with a landscaping and open space plan, in order to achieve a campus theme and provide for shared utilities and roads.
CALIPER
The diameter of a tree trunk, measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter.
CAMPGROUND
A commercial use on a lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients for seasonal, recreational or similar-type living purposes in temporary, movable buildings such as recreational vehicles, tents or shelters, and which may include accessory recreational facilities.
CAMPSITES
A plot of ground within a campground intended for occupation by a recreational vehicle, tent or shelter.
CARPORT
A structure open on at least two sides used generally for covering vehicles. It may be attached to the house or freestanding. If the structure is not open on at least two sides, it shall be considered a garage and will have to comply with all code requirements for garages.
[Added 10-2-2014 by Ord. No. 1-2014]
CARPORT, PORTABLE
A detached manufactured accessory building customarily used for the shelter or storage of vehicles and/or watercraft, including canopies used for such, which can be easily moved without disassembly, after removal of any tie-down.
[Added 10-2-2014 by Ord. No. 1-2014]
CARTWAY
The portion of the street or alley right-of-way that is improved, designated and intended for vehicular use.
CEMETERY
Land used or intended to be used for burial of the deceased, including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
CENTRALIZED SEWAGE SYSTEM
A public or private utility system designed to collect, centrally treat and dispose of sewage from customers, and designed in compliance with Pennsylvania Department of Environmental Protection (PA DEP) regulations and/or regulations of the Township, whichever is more stringent.
CENTRALIZED WATER SYSTEM
A public or private utility system designed to transmit potable water from a common source to customers, and designed in compliance with PA DEP regulations and/or regulations of the Township, whichever are more stringent.
CERTIFICATE OF USE AND OCCUPANCY
A statement signed by the Zoning Officer setting forth that a building, structure or use legally complies with the requirements of this chapter and other applicable codes and regulations.
CLEARING
The removal of trees and/or brush from the land for development purposes, but not including the mowing of grass or agricultural land management activities.
[Added 10-2-2014 by Ord. No. 1-2014]
CLEAR SIGHT TRIANGLE
A triangular-shaped portion of land in which nothing may be erected, placed, planted or allowed to green in a manner that limits or obstructs the sight distance of motorists entering or leaving an intersection.
CLUB ROOM, CLUB GROUNDS AND MEETING HALL
An institutional use of land and/or a building within which is housed an organization and that caters exclusively to members and their guests. They shall include premises or buildings for social, recreation, and administrative purposes that are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions and social and athletic clubs. Club rooms, club grounds, and meeting halls shall not be used for adult-related facilities.
CO-LOCATION
The act of placing two or more communications antennas or facilities on one tower or other structure.
COMMERCIAL RECREATION
Any commercial use whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:
A. 
An establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, miniature golf course, skating rink, swimming pool, tennis courts, theater, etc., when operated within a completely enclosed building. For purposes of this chapter, this use excludes a health and fitness club and indoor shooting range.
B. 
An establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. For purposes of this chapter this use excludes a park, golf course and an outdoor shooting range.
COMMERCIAL USE
This term includes, but is not limited to, retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNICATIONS ANTENNA
Any device or facility used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen-band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure, other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas and facilities.
COMMUNITY CENTER
A building used for recreational, social, educational and cultural activities within a subdivision and/or land development exclusively for the use of residents/tenants and their guests.
COMPREHENSIVE PLAN
The most recently adopted version of the Official Comprehensive Plan, West Manheim Township, York County, Pennsylvania, including any amendments thereto.
CONCENTRATED ANIMAL-FEEDING OPERATION (CAFO)
A CAO with greater than 300 AEUs, any agricultural operation with greater than 1,000 AEUs, any agricultural operations defined as a large CAFO under 40 CFR 122.23 (relating to concentrated animal-feeding operations).
CONDITIONAL USE
A use permitted in a particular zoning district only upon approval by the governing body pursuant to the express standards and criteria set forth in this chapter and such conditions as may lawfully be attached to such approval under the MPC.
CONDOMINIUM
A form of property ownership providing for individual ownership of a specific dwelling unit or other space, not necessarily on ground level, together with an undivided interest in the land or other part of the structure in common with other owners.
CONSERVANCY LOT
Pursuant to Article XII of this chapter relating to conservation subdivisions, a large, privately owned lot comprising all or part of an area of open land. The purpose of the conservancy lot is to voluntarily limit full development of the property for the purpose of providing surrounding residents with visual access to open space and greenway land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through a conservation easement and used in conformance with the standard for greenway land. Public access to a conservancy lot is not required.
CONTRIBUTING RESOURCE
A building, structure, or site adding to the historical significance of an individual property or historic district.
A. 
A commercial use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant. Convenience stores may also provide for any or all of the following as an accessory use:
(1) 
Rental of videotapes, DVDs or video games, provided that an adult-related facility is specifically prohibited.
(2) 
Preparation and sales of delicatessen sandwiches and foods, which may include interior patron seating limited to not more than 15% of the gross floor area of the principal structure.
(3) 
Use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).
B. 
Convenience stores may include the dispensing of gasoline or other vehicle fuels when the appropriate approvals for an automobile or gasoline service station (as defined herein) have been obtained.
COUNTY
The County of York, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The York County Planning Commission and its professional staff.
DAY CARE
The offering of care or supervision of minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.
A. 
An accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day.
B. 
An accessory use to a single-family detached dwelling, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare of the Commonwealth of Pennsylvania.
C. 
A commercial use in which the care and supervision is offered to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania.
DEED RESTRICTION
A private covenant, running with a parcel of land, which places specific conditions, limitations or requirements on the use of such parcel of land, and which is applied to the parcel owner, his or her successors, or assigns.
DEMOLITION BY NEGLECT
The deterioration or destruction of a structure through lack of maintenance or abandonment.
DEMOLITION OF HISTORIC RESOURCE
The razing, destruction or removal, whether deliberately or by neglect, of any historic resource in its entirety or in substantial part. "Substantial part" shall be defined as 50% or more of the gross area of all exterior facades on the historic resource as it existed at the time of placement on the Historic Resources Inventory.
DENSITY
A term used to express the allowable number of dwelling units per acre of land, exclusive of public rights-of-way and/or private streets.
DESIGNATED GROWTH AREA
A region within a county or counties described in a municipal or multi-municipal plan that preferably includes and surrounds a city, borough or village, and within which residential and mixed-use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned. For purposes of this definition, the designated growth area within West Manheim Township, zoning districts, uses and other regulations are further specified in Parts 3 and 4 of this chapter.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
DEVELOPMENTAL DISABILITY
A disability of a person that has continued or can be expected to continue indefinitely and that is:
A. 
Attributable to mental retardation, cerebral palsy, epilepsy or autism.
B. 
Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons, or requires treatment and services similar to those required for such persons.
C. 
Attributable to dyslexia resulting from a disability described in Subsections A and B of this definition.
DEVELOPMENTALLY DISABLED PERSON
A person with a developmental disability.
DISTRIBUTION
A process whereby materials, goods, or products are imported and stored by one person and then delivered to another.
DOMESTIC PETS
An accessory use to a dwelling unit involving the keeping of animals that are locally available for purchase as pets for the company or enjoyment of the owner. Domestic pets shall not include farm animals, horses, or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission.
DRIVEWAY
A private improved surface other than a street or access drive designed and constructed to provide for vehicular movement from a street to a parking area, garage, dwelling, building or other structure within a lot or a property containing one single-family dwelling and two-family dwelling or farm. See Diagram 270-13G.
270 Diagram 2.1.2.G.tif
Diagram 270-13G
DUMPSTER
A container generally two or more cubic yards in capacity, for the disposing of refuse, whether generated by residential, commercial, industrial, or other use.
DWELLING
Any building or portion thereof, or structure designed for living quarters for one or more families or housekeeping units, including mobile homes, which are supported by a permanent foundation, but not including tents, recreational vehicles, hotels, motels, hospitals, nursing homes, treatment centers or other accommodations used for transient occupancy. All dwelling units are considered buildings as defined by this chapter.
[Amended 10-2-2014 by Ord. No. 1-2014]
A. 
A residential use of a detached building, or a group of attached or semidetached buildings designed for and/or used as dwellings housing more than two families or housekeeping units. See Diagram 270-13H.
270 Diagram 2.1.2.H.tif
Diagram 270-13H
B. 
A residential use of a dwelling considered an attached building, used by one family or housekeeping unit. For purposes of this definition, row house and townhouse are considered single-family attached dwellings. See Diagram 270-13I.
270 Diagram 2.1.2.I.tif
Diagram 270-13I
C. 
A residential use of a dwelling considered a detached building, used by one family or housekeeping unit. See Diagram 270-13J.
270 Diagram 2.1.2.J.tif
Diagram 270-13J
D. 
A residential use of a dwelling considered a semidetached building, used by one family or housekeeping unit. See Diagram 270-13K.
270 Diagram 2.1.2.K.tif
Diagram 270-13K
E. 
A residential use of a detached building, used by not more than two families or housekeeping units. See Diagram 270-13L.
270 Diagram 2.1.2.L.tif
Diagram 270-13L
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT
A right-of-way granted for limited use of private land for a public or quasi-public or private purpose, and within which the owner of the property or another easement holder in a nonexclusive easement shall not have the right to make use of the land in a manner that violates the right of the grantee.
ECHO HOUSING
An additional temporary dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, adoption or in foster care to the occupants of the principal dwelling.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[7]
EMERGENCY SERVICES
A public use owned and/or operated by an independent fire department or company and/or emergency medical service or ambulance provider for related activities. Accessory club rooms, club grounds and meeting halls may be included if they are permitted uses in that zoning district. This use may include accessory housing for emergency service or fire personnel while on-call.
ENERGY STORAGE FACILITIES
Equipment consisting of containers, heat exchangers, piping and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance of public utilities or municipal or other governmental agencies or private corporations under contract to a municipality, of gas, electrical, telephone, steam or water transmission or distribution system, and sewage disposal systems. This includes but is not limited to the following: buildings, enclosures, wells, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, and accessories and services, fire alarm boxes, police equipment and accessories and services in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other agencies or private corporations under contract to a municipality. The following are excluded from essential services: firehouses or fire companies and emergency services and/or ambulances under agreement with the municipality or for the public health or safety or general welfare, as well as excluding wireless telecommunications facilities.
FAMILY
Any one or more of the following:
A. 
A single individual occupying a dwelling unit.
B. 
Two or more persons related by blood, marriage, or adoption occupying a dwelling unit.
C. 
Not more than three unrelated persons occupying a dwelling unit.
D. 
Not more than eight related or unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation and the cleaning of their dwelling unit together and who are part of a community-based residential home which qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriate federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1988, and where the operator of the home provides room and board, personal care, rehabilitative services and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a family. Through this definition, the Township's intent is to comply with the Federal Fair Housing Act, as amended.[8]
FARM
A parcel or parcels of land, totaling at least 10 acres in size used for a principal agricultural use. A farm may, include one single-family detached dwelling and other necessary farm structures and the use, repair, maintenance and storage of equipment associated with the principal agricultural use.
FARM OCCUPATION
An accessory use to an active farm in which the residents engage in a secondary, supplemental occupation.
FARM-RELATED BUSINESS
A commercial use such as occupations and services directed at meeting the needs of those engaged in local farming. Activities are typically directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Farm-related businesses include, but are not limited to, blacksmith shop, butcher shop, composting and other farm waste storage facility, feed supply, fuel and fertilizer distributor, grain mill, processing of locally produced agricultural products, and sales and/or repair of agricultural equipment.
FENCE
A freestanding structure constructed as a barrier to restrict the movement or view of persons, animals, property, vehicles or any combination thereof, to enclose an outdoor activity or to serve as a screen between incompatible uses.
FILLING
Any act by which soil, earth, sand or similar material is deposited or placed such that it changes the existing surface area.
[Added 10-2-2014 by Ord. No. 1-2014]
FINANCIAL INSTITUTION
A commercial use such as a bank, savings and loan association, credit union, finance or loan company, etc.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage and the operation and maintenance of the building.
FLOOR AREA, GROSS LEASABLE
The sum of the floor area of the several floors of a building designed for the conduct of business and occupancy by an owner or tenant, as measured to the center of the interior joint walls and exterior of outside walls. For purposes of this definition, gross leasable floor area shall not include public or common areas such as utility rooms, stairwells, hallways or corridors, etc.
FLOOR AREA, HABITABLE
The sum of the floor area of the several floors of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including basement, attic space, service rooms or areas such as utility rooms, unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.
FOOTCANDLE
Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), stated in lumens per square foot and measurable with an illuminance meter, also known as "light meter."
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONTAGE
That side of a lot abutting on a street; the front lot line. See Diagram 270-13G.[9]
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture. See Diagram 270-13M.
270 Diagram 2.1.2.M.tif
Diagram 270-13M
FULLY SHIELDED
Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. See Diagram 270-13M.
FUNERAL HOME
A principal use for the preparation and viewing of the deceased prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but may include mortuaries and crematoriums.
GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the principal use of the premises, or both. See Diagram 270-13B.[10]
GARAGE/YARD SALE
A temporary use conducted from or on a residential premises in any zoning district involving all general sales and open to the public for the purpose of disposing of personal property. This definition shall not include a situation where no more than two specific items are held out for sale and all advertisements of such sale specifically names those items to be sold.
GLARE
Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
GOLF COURSE
A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse, shelters, maintenance and storage facilities, and a driving range.
GOVERNMENT FACILITY OR USE, OTHER THAN TOWNSHIP-OWNED
A public use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by West Manheim Township or an authority created by West Manheim Township.
GRADING
Any disturbance of the earth, including, but not limited to, clearing, stripping, stockpiling, excavating, scarifying, filling, or any combination thereof.
[Added 10-2-2014 by Ord. No. 1-2014]
GREENHOUSE OR HORTICULTURAL NURSERY
A commercial use primarily involved in horticulture that includes the sale of plants grown on the premises and related goods and materials, as well as the storage of equipment customarily incidental and accessory to the principal use.
GROUND COVER
A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
GROUP HOME
A dwelling unit directly associated with and operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. Such administration is through the direction of paid professional staff and for supervision of residents by full-time resident staff. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Pennsylvania and Federal Fair Housing Acts, as amended.[11] Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use. NOTE: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act[12] to address certain situations related to substance abuse treatment.
A. 
Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.
B. 
It is the express intent of the Township to comply with all provisions of the Pennsylvania and Federal Fair Housing Acts, as amended, and regulations promulgated thereunder, in the construction of this term.
HABITABLE SPACE
A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HAZARDOUS MATERIAL
A substance or combination of substances that, because of the quantity, concentration, physical, chemical or infectious characteristics, if not properly treated, stored, transported, used, or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials defined as "hazardous waste" herein below. Such hazardous substances include substances under PA DEP regulations.
HAZARDOUS WASTE
Any substance defined as a hazardous waste under the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act, 53 P.S. § 4000.101 et seq., the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and the regulations of the PA DEP and the United States Department of Environmental Protection.
HEALTH AND FITNESS CLUB
A commercial business that offers active recreational activities, fitness activities, or both. Such activities are provided only to club members and their guests. For purposes of this chapter, such facilities do not include golf courses or other uses identified as indoor commercial recreation.
HEAVY EQUIPMENT
Machinery, vehicles and other devices that are movable and/or transportable which are commonly used in commercial, industrial or construction enterprises, including, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, etc., having a gross weight of 4.5 tons or more.
HISTORIC RESOURCE
Any building, structure, site or object as defined within by the Historic Preservation Overlay District and which is included in the West Manheim Township Historic Resources Inventory.
HOME OCCUPATION
A business or commercial activity, other than a no-impact home occupation, that is conducted entirely within a single-family detached or single-family semidetached dwelling or within an accessory building located on a residential lot. The home occupation may not be the primary use of the property.
[Amended 10-2-2014 by Ord. No. 1-2014]
HORTICULTURE
The growing of fruits, vegetables, flowers, or ornamental plants.
HOSPITAL
An institutional use, licensed in the commonwealth as a hospital, which renders inpatient and outpatient medical care for a twenty-four-hour-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property.
HOTEL
A commercial use which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as part of the compensation.
ILLUMINANCE
Quantity of light, measured in footcandles.
IMPERVIOUS COVERAGE
The percentage of the lot area covered by man-made surfaces that have a coefficient of runoff of 0.85 or greater. For the purposes of determining compliance with this chapter, any compacted stone surfaces regularly used for vehicle parking and movement shall be considered to be impervious. In addition, all buildings, structures, driveways and sidewalks shall be considered as impervious surfaces for computation of lot coverage. See definition of "lot coverage."
IMPORTANT NATURAL HABITAT
Any land area characterized by any or all of the following:
A. 
Wetlands as defined herein;
B. 
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered;
C. 
PNDI-confirmed extant plant and animal species and communities that have a state rank of S1 or S2; and
D. 
See also Article V of Chapter 235, Subdivision and Land Development, pertaining to primary and secondary conservation area features and resources.
INDOOR SHOOTING RANGE
A commercial use within a completely enclosed building where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery, crossbows, etc.) can be shot for recreation competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the commonwealth.
INDUSTRIAL USE
Any enterprise in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. This term includes but is not limited to those involving manufacturing; processing; packaging; printing, publishing and binding; production; testing of materials, goods and products; conversion and assembly; industrial laundries; repair of large appliances and equipment; machine shops, and welding shops.
A. 
Manufacturing, processing, fabricating or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential areas.
B. 
Manufacturing, processing, fabricating or storage uses which are characterized by uses of large sites, and processes that can be compatible with neighboring residential uses.
JUNK
Used materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, which are being stored awaiting potential reuse or ultimate disposal.
A. 
An industrial use with or without buildings, used for the storage, outside of a completely enclosed building, of used or discarded materials, including, but not limited to, paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other uses or disposition of the same.
B. 
The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." For the purposes of this definition, a "disabled vehicle" is:
(1) 
A vehicle intended to be self-propelled that shall not be operable under its own power for any reason; or
(2) 
Where inspection and/or registration is required, a vehicle that does not have a valid current registration plate or that has a certification of inspection which more than 60 days beyond expiration date.
C. 
Notwithstanding the foregoing, the storage of disabled farm vehicles or pieces of farm equipment on a lot shall not be considered a junkyard if:
(1) 
The lots are currently being used for agriculture; and
(2) 
The vehicle or equipment is owned by the landowner or the operator of the farm; and
(3) 
The vehicle or equipment was used on the lots in connection with the agricultural operation before such vehicle or equipment became disabled.
KENNEL
A principal commercial use or accessory use to a principal single-family detached dwelling, for the sheltering, boarding, breeding or training of more than three dogs, cats, fowl or other small domestic animals defined herein at least six months of age and kept for purposes of profit, but not including livestock, animals and fowl raised for agricultural purposes. A kennel operation may include accessory uses such as animal grooming.
KNOLL
A small, round hill.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE PLAN
A component of a development plan, where required, on which is shown proposed landscape species (such as number, spacing, size at time of planting and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; etc.
LIFE-CARE COMMUNITY
A development designed for the residence and care of elderly persons that provides a continuum of care and services. These facilities shall include independent living, assisted-living and skilled nursing home facilities. These facilities may include a community center, personal service shops, recreation areas and common open areas. Age-restricted communities shall not be considered as life-care communities.
LIGHT TRESPASS
Light emitted by a lighting fixture or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.
LIVESTOCK
Large animals, including, but not necessarily limited to, the following: horses, ponies, donkeys, mules, cattle, sheep, goats or swine, but also includes poultry. For purposes of this chapter, livestock shall not be considered domestic pets.
LOADING BERTH/SPACE
An off-street area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
270 Diagram 2.1.2.N.tif
Diagram 270-13N
LOT AREA, GROSS
The area contained within the property lines of a lot, including any areas within any public or private rights-of-way and/or recorded easements.
LOT AREA, NET
The area contained within the property lines of a lot, excluding any areas within any public or private rights-of-way.
LOT, CORNER
A lot that has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards (abutting the street), one side yard and one rear yard. For purposes of this chapter, the front lot line of the street in which the lot is addressed shall be the primary front lot line, and the other front lot line shall be the secondary front lot line. The rear lot line shall be the lot line directly opposite of the primary front lot line. The side lot line shall be the lot line directly opposite the secondary lot line. See Diagram 270-13N.
LOT COVERAGE
See definition of "impervious coverage."
LOT DEPTH
The linear horizontal distance measured between the street right-of-way line and the closest rear property line. On corner, reverse frontage and through lots, the depth shall be measured from the street right-of-way line of the street of address (primary front lot line) to the property line (rear lot line) directly opposite. See Diagram 270-13G.[13]
LOT, INTERIOR
A lot other than a corner lot, the sides of which do not abut a street right-of-way. See Diagram 270-13N.
LOT LINES
The lines bounding a lot as defined herein. See Diagram 270-13G.[14]
LOT OF RECORD
A lot that has been recorded in the office of the Recorder of Deeds of York County, Pennsylvania.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on more than one street right-of-way of differing classifications, and with vehicular access typically from the street of lower classification. See Diagram 270-13N.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel street rights-of-way. See Diagram 270-13N.
LOT WIDTH
The continuous linear horizontal distance measured at the required minimum front setback line, between side property lines, parallel to the street frontage. On corner lots, lot width shall be measured from the street right-of-way line of the nonaddress street (secondary front lot line) to the property line (side lot line) directly opposite. See Diagram 270-13G.[15]
LUMEN
As used in the context of this chapter, the light-output rating of a lamp (light bulb).
MAILED NOTICE
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[16]
MANUFACTURE
A function involving either the processing, conversion or production of materials, goods or products.
MANURE
The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITY
A detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.
MEDICAL OR DENTAL CLINICAL FACILITY
A commercial use of land and/or buildings for examination, diagnosis, and treatment of ill or afflicted human outpatients, including office, laboratory and dispensaries for the use of physicians, dentists, technicians and pharmacists.
METHADONE TREATMENT FACILITY
A commercial use of land and/or buildings for a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
MINERAL EXTRACTION OR RECOVERY OPERATION
The searching for or removal of rock, soil or mineral from the earth by excavating, stripping, mining, leveling, or any other process, but exclusive of excavations or grading involved in the construction of a building. Also includes any processing operations in connection with the above activities.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MINI STORAGE/SELF-STORAGE FACILITY
A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTEL
A commercial use which provides lodging to boarders for compensation, which contains more than eight rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.
MUNICIPAL USE
Any use owned or operated by West Manheim Township.
NATURE PRESERVE AND WILDLIFE SANCTUARIES
An area maintained in a natural state for the preservation of both animal and plant life.
NIGHTCLUB
Any commercial use for the on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc-jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer, wine and liquor as an accessory use. This is also meant to include an "under 21" club which features entertainment.
NO-IMPACT HOME OCCUPATION
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantive nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volumes or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCOMMERCIAL KEEPING OF LIVESTOCK
An accessory use to a principal single-family detached dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standards specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
NRCS
Natural Resources Conservation Service of the United States Department of Agriculture.
NURSING, REST OR RETIREMENT HOMES
Institutional uses designed for the full-time care, housing, boarding, and dining of human beings, being provided with some level of nursing care.
A. 
A service-oriented occupation use wherein the professional services of the practitioner are the saleable commodity offered to the client. A use that involves administrative, clerical, or professional operations and operations of a similar character.
B. 
A contractor is one who contracts to perform any work or service on a building, equipment, vehicle or facility, at a certain price or rate. The contractor completes the contracted work off site but maintains an office primarily for administrative, bookkeeping, or clerical operations. Inventory and storage of materials, and/or vehicles may be provided on site.
C. 
An office of a governmental agency, social service organization, Magisterial District Judge, notary public, private utility, or political organization.
ON-SITE SEWER SERVICE
The disposal of sewage generated by one principal use with the use of a private, safe and healthful means within the confines of the lot on which the use is located, as approved by the PA DEP.
ON-SITE WATER SERVICE
The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.
OPEN SPACE
Unoccupied area open to the sky and on the same lot with the principal use.
OUTDOOR SHOOTING RANGE
A commercial use outside of a completely enclosed building where firearms and other projectile-type weapon (e.g., guns, rifles, shotguns, pistols, air guns, archery, crossbows, etc.) can be shot for recreation competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
OWNER
The owner of record of a parcel of land.
PA DEP
Pennsylvania Department of Environmental Protection.
PA PUC
Pennsylvania Public Utility Commission.
PARCEL
A unit of land which meets all of the following criteria:
A. 
Owned by the same owner or owners on July 16, 1985; and
B. 
Obtained by its owners at the same time and by the same instrument (deed, will, etc.); and
C. 
Is contiguous; land shall be considered contiguous even though separated by public or private roads.
PARK
A use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure, leisure, fellowship or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking and other related activities which is open to the public. A park may include amenities such as ball fields, tennis courts, trails, playground equipment, restrooms, picnic tables, cooking grills and similar facilities. For purposes of this chapter, parks shall not include improvements for or permit uses considered commercial recreational uses.
PARKING LOT
An off-street area designed and improved solely for the parking of motor vehicles, including driveways, aisles and maneuvering space appurtenant thereto. See Diagram 270-13O.
270 Diagram 2.1.2.O.tif
Diagram 270-13O
PARKING SPACE
An off-street space within a building, or on a lot or parking area, available for the parking of one motor vehicle and having direct usable access to a street right-of-way or aisle. See Diagram 270-13O.
PARTY WALL
A wall on an interior lot line used or adopted for joint services between two buildings.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.
PENNDOT
Pennsylvania Department of Transportation.
PERIMETER PARKING LOT LANDSCAPING
Landscape located around the outside perimeter of a parking lot, except along the street frontage. Perimeter landscaping includes the area provided in the setback required between the parking spaces and the building. See Diagram 270-13O.
[17]
PERSONAL PROPERTY
Property that is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living and maintaining a residence. It shall not include merchandise which was purchased for resale or obtained on consignment.
PERSONAL SERVICE BUSINESS
A commercial use that provides a service oriented to personal needs of the general public, which does not involve primarily retail sales of goods or does not involve professional advisory services. Personal services include barber and beauty shops, shoe repair shops, household appliance repair shops and other similar establishments.
PICNIC AREA
A place equipped with tables, benches, grills and trash receptacles for people to assemble, cook, eat and relax outdoors.
PLACE OF WORSHIP
An institutional use wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all buildings, accessory buildings, structures and uses customarily associated with such primary purpose, including rectories, convents and church-related schools and day-care facilities. Includes synagogue, temple, mosque, or other such place for worship and religious activities.
PLANNING COMMISSION
The Planning Commission of West Manheim Township.
PORTABLE STORAGE UNIT
A container designed for temporary short-term storage that is not affixed to the land.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources Conservation Service York County Soil Survey.
PRINCIPAL STRUCTURE
The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure. See Diagram 270-13B.[18]
PRINCIPAL USE
A dominant use(s) or main use on a lot, as opposed to an accessory use.
PROCESSING
A function that involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter and the MPC.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC USE
A use owned, operated or controlled by a government, government agency or government authority (federal, state, or county) for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by West Manheim Township or an authority created by West Manheim Township.
RAVINE
A valley with sharply sloping walls created by the action of stream waters.
RECREATION, ACTIVE
Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, pools, courts, tracks, playgrounds or fields.
A. 
A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes.
B. 
For purposes of campgrounds, the term shall include a vehicle that is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
Not designed for uses as a permanent dwelling but as temporary living quarters for recreational, camping, travel and seasonal use.
RECREATION AREAS
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
A. 
Those owned and operated by a unit of local government.
B. 
Those owned and operated by a nonprofit organization, and open only to bona fide members and their guests.
C. 
Those operated as a business and open to the public for a fee.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic activities such as walking, sitting, picnicking, card games, chess, checkers and similar table games.
RENTAL
A procedure by which services or personal property is temporarily transferred to another person for a specific time period for compensation.
REPAIR
A function involved in correcting deficiencies of products that affect their performance, appearance or both.
RESIDENTIAL CONVERSION
The conversion of a single-family detached dwelling into accommodations for more than one dwelling unit.
RESTAURANT
A commercial use that primarily prepares food, confections, or beverages served to the customer on nondisposable tableware, but can provide incidental carry-out service so long as the area used for carry-out services does not exceed 10% of the total patron seating area or 200 square feet (whichever is less). A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is the primary portion of the total trade, the requirements of a "tavern" or nightclub as applicable must be met.
RESTAURANT, DRIVE-IN
A commercial use that primarily prepares food, confections, or beverages served to the customer in a ready-to-consume state, and whose method of operation includes a drive-up window so that foods or beverages are served directly to motorist customers or by means that eliminate the need for the customer to exit the motor vehicle.
RESTAURANT, FAST-FOOD
A commercial use that primarily prepares food, confections, or beverages served to the customer in a ready-to-consume state, and whose method of operation is such that customers normally order the product at a central location separate from the tables or counters used for consumption.
RETAIL
Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include "adult-related uses" as defined herein.
RETAIL STORE OR SHOP
A commercial use in which merchandise is sold to the general public, but not including the following: sales and/or service of automobiles, heavy equipment and similar motor vehicles or boats, adult-related uses, automobile or gasoline service station, car wash, convenience store, manufacturing, tavern, nightclub or restaurant.
RIDING SCHOOLS
An agricultural use where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
RIGHT-OF-WAY
A right of passage across land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. If the right-of-way involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established. For the purpose of this chapter, also includes easements. See Diagram 270-13G.[19]
ROADSIDE STAND
An accessory use to a farm, which primarily involves the retail sale of agricultural products such as fresh fruits, vegetables, herbs or plants produced on site during the harvesting season.
RURAL OCCUPATION
An accessory use to a principal single-family detached dwelling in which the owners engage in an occupation contained within an accessory building.
RURAL RESOURCE AREA
An area described in a municipal or multi-municipal plan within which rural resource uses, including, but not limited to, agriculture, timbering, mining, quarrying and other extractive industries, forest and game lands and recreation and tourism are encouraged and enhanced, development that is compatible with or supportive of such uses is permitted, and public infrastructure services are not provided except in villages. For purposes of this definition, the rural resource area within West Manheim Township, zoning districts, uses and other regulations are further specified in Parts 3 and 5 of this chapter.
SATELLITE DISH ANTENNA
Any accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SAWMILL OPERATION
An industrial use consisting of a building, structure, or area where timber is cut, sawed or planed, either to finished lumber or as an intermediary step and may include facilities for the kiln drying of lumber and may include the distribution of such products on a wholesale or retail basis. The processing of timber may be from the property on which it is located, from abutting property or from other properties removed from the sawmill.
SCHOOL, COMMERCIAL
A school that may offer a wide range of education or instructional activities (excluding vocational-mechanical trade schools, defined below), that may, or may not, be operated as a gainful business by some person or organization other than the public school district.
SCHOOL, PRIVATE
A school that offers elementary, secondary, post-secondary, post graduate, or any combination thereof, education that may or may not be operated as a gainful business.
SCHOOL, PUBLIC
A school licensed by the commonwealth, for the purpose of providing, elementary, secondary, adult education and operated by the Southwestern York School District.
SCHOOL, VOCATIONAL-MECHANICAL TRADE
A school that may or may not be operated as a gainful business that principally offers training in any of the following occupations: truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting and other similar type uses.
A. 
The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
B. 
A device or materials used to conceal one element of a development from other elements or from adjacent or contiguous development.
C. 
Screening may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition: walls, berms or plantings.
SETBACK
The required horizontal distance between a minimum setback line and a property or street right-of-way line. See Diagram 270-13G.[20]
SETBACK, FRONT
The distance between the street right-of-way line and the minimum required front setback line projected the full width of the lot. See Diagram 270-13G.
SETBACK LINE
A line within a property and parallel to a property or street right-of-way line which delineates the required minimum distance between some particular permitted use of property, building and/or structure and that property or street right-of-way line. See Diagram 270-13G.
SETBACK, REAR
The distance between the rear lot line and the minimum required rear setback line projected the full width of the lot. See Diagram 270-13G.
SETBACK, SIDE
The distance between the side lot line and the minimum required side setback line projected the full depth of the lot. See Diagram 270-13G.
SHOPPING CENTER
A commercial use in which one store or a planned center of stores or stores and offices containing more than 40,000 square feet of gross leasable floor area are designed for the site on which they are built, functioning as a unit, which may include shared off-street parking provisions on the property as an integral part of the unit.
SIGN
A device for visual communication that is used to bring the subject to the attention of the public. A sign shall not include flags or other insignia of any government or fraternal organization. For some examples, see Diagram 270-13P below.
A. 
A sign with action or motion, flashing, starbursts, simulated explosions, or similar displays; color changes requiring electrical energy but not including wind-actuated elements such as flags, banners, or specialty items.
B. 
A business sign that provides identification at the entrance to a center such as a shopping center, planned commercial center, office complex, or industrial park. See C and G, Diagram 270-13P.
C. 
A sign that is displayed, mounted, or both, upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall. See E, Diagram 270-13P.
D. 
A sign erected upon a permanently affixed, independent structure (legs or base). See C, G, and I, Diagram 270-13P.
E. 
A sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located. See I, Diagram 270-13P.
F. 
A sign affixed to a freestanding unit of occupancy contained within a planned commercial center. See A, D and E, Diagram 270-13P.
G. 
A sign that is expected to be continuously displayed during the presence of a principal land use. See A, C, D, E, G, H and I, Diagram 270-13P.
H. 
A sign that is intended to easily be moved and not permanently affixed to a structure or the ground. See B, Diagram 270-13P.
I. 
A sign that is only permitted for specified periods of time, associated with some temporary event or work, conducted on the site. See B and F, Diagram 270-13P.
J. 
A sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center, or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided. See D, Diagram 270-13P.
K. 
A sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee. See A, Diagram 270-13P.
270 Diagram 2.1.2.P.tif
These diagrams are intended as examples only, and do not represent all signs that potentially meet the requirements of each definition. Individual signs may meet requirements for various definitions of signs.
Diagram 270-13P
SKY SPACE
The open space between a solar or wind collector and the sun or prevailing wind that must be free of obstructions that may shade or impede the collector to an extent that would reduce its cost-effective operation.
SOLAR COLLECTOR
A freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure's energy supply.
SOLAR ENERGY
Radiant energy (direct, diffused, and reflected) received from the sun.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials, resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[21] and 25 Pa. Code Chapter 273, as amended, supplemented or revised.
SOLID WASTE DISPOSAL AND/OR PROCESSING FACILITY
A property or facility, licensed and approved by the PA DEP, for the disposal or storage of solid waste material, including garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials, resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[22] and 25 Pa. Code Chapter 273, as amended, supplemented or revised. The term "solid waste processing facility" includes any appurtenance that supports the operation of the facility, including haul roads, structures or stormwater management facilities.
SPECIAL EXCEPTION
The granting of the right to use land is generally compatible with the particular zoning district once specified criteria have been met, as authorized by the Zoning Hearing Board under the terms, procedures and conditions prescribed herein.
STORAGE
A function involving the depositing of materials, goods, products or combination thereof for safekeeping.
STREAM
A watercourse with definite bed and banks which confine and convey continuously or intermittently flowing water.
STREAM, INTERMITTENT
A natural stream carrying water during the wet seasons.
STREAM, PERENNIAL
A stream that is present at all seasons of the year.
STREET
A public or private way, excluding driveways, access drives and alleys, which affords the means of access to abutting properties, intended to be used by vehicular traffic or pedestrians. Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and accepted public right-of-way or private right-of-way. Streets are further classified as follows:
A. 
A street designed to maximize mobility over land access. As a result, arterials should have minimal to no direct land access. Arterials generally convey between 10,000 average daily trips (ADT) and 25,000 average daily trips (ADT) for distances greater than one mile. This type of roadway often connects urban centers with outlying communities and employment or shopping centers.
B. 
A street designed to provide for medium length travel distances and generally convey between 1,500 ADT and 10,000 ADT. Major collectors also provide land access to major land uses, such as regional shopping centers, large industrial parks, major subdivisions, and community-wide recreation facilities. The primary utilization of major collectors is by motorists traveling between local streets and community-wide activity centers or arterial roads.
C. 
A street designed and intended to serve as the main circulation roads within large residential subdivisions and small rural settlements. Trip lengths tend to be shorter in developed areas then in the outlying rural areas.
D. 
A street intended to balance the functions of mobility and access. These roads can be found as the main circulation roads within large residential subdivisions and small rural settlements. Trip lengths can range from fairly short in developed neighborhoods to slightly longer in rural areas.
E. 
A street designed and intended to provide immediate access to abutting land uses. These roads may serve up to 25 dwellings. In outlying rural areas, local roads may tend to run for great distances and serve more individual properties. Local roads are generally intended for transportation within a particular neighborhood or to or from one of the higher classifications of roadways.
STREET GRADE
The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINE
A line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the "street right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, but excluding patios, driveways, access drives, walkways and parking areas or other at-grade structures. All structures must meet setback requirements. See Diagram 270-13B.[23] See also definition of "building."
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See Diagram 270-13B.[24]
SWIMMING POOL, NONHOUSEHOLD OR PUBLIC
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool.
TAVERN
A commercial use which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.
TEMPORARY RETAIL SALES
The offering of goods for sale to the public, for a limited period of time, from a nonpermanent structure or from an open-air location where goods are not normally displayed as part of a permanent, ongoing retail establishment. Examples include the sale of Christmas trees, fireworks for the Fourth of July, Easter flowers and other similar activity.
[Added 10-2-2014 by Ord. No. 1-2014]
THEATER
A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater.
TOWNSHIP
West Manheim Township, York County, Pennsylvania, Board of Supervisors, its agents, or authorized representatives.
TRASH
Any garbage, debris, material, equipment, and/or apparatus that has been discarded or is no longer functional.
USE
The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
VARIANCE
The granting of specific permission to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted as authorized by the Zoning Hearing Board under the terms, procedures and conditions prescribed herein.
VETERINARIAN'S OFFICE
A commercial use used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, and birds or fowl. No outdoor boarding of animals is permitted.
WAREHOUSE
An industrial use of building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATERCOURSE
A channel for the conveyance of surface water, such as a stream or creek, or intermittent stream, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
A region or area bounded peripherally by a contour elevation devising line where surface water drains into a particular waterway or stream. A watershed is the total area drained by a stream or tributary.
WETLANDS
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. (The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission. This definition is used by the United States Environmental Protection Agency and the United States Army Corps of Engineers.)
WHOLESALE
Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.
WILDLIFE HABITAT
Land set aside for animal habitation.
WILDLIFE PRESERVE
An area restricted for the protection and preservation of natural resources and wildlife.
WILDLIFE PROPAGATION
Raising of nondomestic wildlife.
WIND-ENERGY CONVERSION SYSTEM
A device that converts wind energy to mechanical or electrical energy; commonly referred to as "windmills."
WIND ROTOR
The blades and hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is used on a pole or tower along with other generating and electrical storage equipment and forms a wind energy conversion system.
WOODLAND, MATURE
Woodlands consisting of 30% or more canopy trees having a twelve-inch or greater caliper, or any small concentration of trees consisting of eight or more trees having a sixteen-inch or greater caliper.
WOODLANDS
Areas covered with stands of trees, the majority of which are greater than twelve-inch caliper, covering an area greater than 1/4 acre; or a small concentration of mature trees without regard to minimum area consisting of substantial numbers of individual specimens.
WOODLAND, YOUNG
Woodlands consisting of 70% or more canopy trees having a two-and-one-half-inch caliper or greater.
YARD
An unoccupied and unobstructed open space between the permitted structures and the property line. See Diagram 270-13G.[25]
YARD, FRONT
The yard area contained between the street right-of-way line and the principal structure. See Diagram 270-13G.[26] Corner lots shall have two front yards. See also definition of "lot, corner." See Diagram 270-13N.[27]
YARD, REAR
The yard area contained between the principal structure and the property line directly opposite the street of address (primary front lot line). See Diagram 270-13G and Diagram 270-13N.
YARD, SIDE
The yard area(s) between a principal structure and any side lot line(s). See Diagram 270-13G. On corner lots, any yard area not abutting a street right-of-way line of the street of address (primary front lot line) and not determined to be the rear yard shall be considered the side yard. See Diagram 270-13N.
ZONING DISTRICT
A portion of the Township or adjacent municipality(s) within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter (or the adjacent municipality's zoning ordinance).
ZONING MAP
The Official Zoning Map of West Manheim Township which is an integral part of this chapter and which is kept up-to-date and on display at the Township office.
ZONING OFFICER
The person charged with the duty of enforcing the provisions of this Chapter 270, Zoning, and any officially designated assistant.
ZONING ORDINANCE
The West Manheim Township Zoning Ordinance, as amended (this chapter).
ZONING PERMIT
Written authorization from the Zoning Officer to alter, improve, construct and/or make use of an area of land as regulated by this chapter.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq. and 43 P.S. § 951 et seq., respectively.
[2]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[3]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[4]
Editor's Note: Diagram 270-13O follows the definition of "parking lot," below.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[9]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[10]
Editor's Note: Diagram 270-13B follows the definition of "accessory structure," above.
[11]
Editor's Note: See the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq., and 42 U.S.C. § 3601 et seq., respectively.
[12]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[13]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[14]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[15]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[16]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[17]
Editor's Note: Diagram 270-13O follows the definition of "parking lot," above.
[18]
Editor's Note: Diagram 270-13B follows the definition of "accessory structure," above.
[19]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[20]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[21]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[22]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[23]
Editor's Note: Diagram 270-13B follows the definition of "accessory structure," above.
[24]
Editor's Note: Diagram 270-13B follows the definition of "accessory structure," above.
[25]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[26]
Editor's Note: Diagram 270-13G follows the definition of "driveway," above.
[27]
Editor's Note: Diagram 270-13N follows the definition of "lot," above.