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

§ 270-80 Applicability.

This Part 7 establishes additional general and specific requirements for certain uses listed in Parts 4 and 5 of this chapter, in addition to nonconformities and other general and supplemental requirements of this chapter and the requirements of each zoning district, and applies throughout the Township unless otherwise specified. If the zoning district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.
A. 
For uses allowed within a specific zoning district as "special exception" or "conditional uses," see also the procedures and standards in Parts 11 and 12.

§ 270-81 Water and sewage disposal facilities.

A. 
Connection to centralized water and centralized sewage disposal facilities. All principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) shall be served by centralized water and centralized sewer pursuant to Article V of Chapter 235, Subdivision and Land Development.
(1) 
Where centralized sewage or centralized water is available, a sewage permit, water service agreement or written authorization from the appropriate authority shall be required prior to the issuance of a zoning permit.
B. 
On-lot water and on-lot sewage disposal facilities. For those principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) not meeting the requirements of this section, such uses and developments shall be permitted only by conditional use and in accordance with Part 11 of this chapter, and Article V of Chapter 235, Subdivision and Land Development. The applicant shall submit a feasibility report on sewer and water facilities in accordance with Chapter 235, Subdivision and Land Development.
(1) 
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations. A sewage permit or written authorization shall be obtained from the Sewage Enforcement Officer or the PA DEP, as applicable, prior to the issuance of a zoning permit.
(2) 
All on-lot water supply shall be in accordance with Chapter 261, Article I, Wells, of the Code of the Township of West Manheim. All required wells shall be sunk and tested prior to subdivision approval or permit authorization. All applicable authorizations for private water supplies shall be obtained from the PA DEP.

§ 270-82 Street frontage and access.

A. 
For each proposed new lot, all land development and principal buildings shall be sited on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[1] Access to lots containing single-family or two-family dwellings shall be via driveways; access to lots containing other uses shall be via access drives, both of which then have access onto a public or private street meeting Township standards.
[1]
Editor's Note: See also Ch. 105, Construction and Materials Specifications.
B. 
If a new nonresidential or multifamily residential principal building is proposed to be constructed or placed on a lot that abuts a private street(s), and the lot does not have access onto a public street, then, as a condition of the permit, the lot owner shall be required to improve the segments of the private street(s) that directly abut the lot. Such improvements shall be in accordance with all requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[2]
[2]
Editor's Note: See also Ch. 105, Construction and Materials Specifications.

§ 270-83 Number of principal uses and buildings per lot.

More than one principal use may be erected on a single lot only within the Business Center and/or Commercial/Industrial Zoning Districts, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan, and provide individually approved methods of sewage disposal.
A. 
Uses and buildings in the Business Center and/or Commercial/Industrial Zoning Districts:
(1) 
A lot in the Business Center and/or Commercial/Industrial Zoning Districts may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building, except if shared parking as provided in Part 9 is provided. Otherwise, if differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(2) 
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.
B. 
Uses and buildings in the Residential and/or Suburban Residential Zoning Districts.
(1) 
A lot within the Residential and Suburban Residential Zoning Districts shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(2) 
A mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
C. 
Uses and buildings in other zoning districts. In all other zoning districts, more than one principal use is permitted only in one building on a single lot.

§ 270-84 Yard, setback and lot regulations.

A. 
Corner lots.
(1) 
Front yards are required on both street frontages for yards abutting two or more street rights-of-way. For the purposes of determining side and rear yards, one yard shall be deemed to be a rear yard (as defined in § 270-13), with the other deemed a side yard (as defined in § 270-13).
(2) 
No obstructions to vision, including structures or vegetations, shall be permitted within the clear sight triangle as defined in Chapter 235, Subdivision and Land Development.
B. 
Triangular lots. All triangular lots shall have a rear yard established by a radial setback from the vertex of the two side yards.
C. 
Front-yard exception. Where at least two adjacent buildings (one on each side of the proposed building), on the same side of the street within 100 feet of said property being developed, are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 15 feet from any abutting street right-of-way line.
D. 
Projection into required setbacks.
(1) 
Carports shall meet the setback requirements for the zoning district in which they are located.
(2) 
Uncovered stairways and necessary landings may project into a required setback to a distance of not more than four feet, provided that such stairway and landing shall not extend above the entrance floor of the building, except for a railing, not to exceed three feet in height.
(3) 
Uncovered porches or decks may project into a required setback to a distance of not more than four feet.
[Amended 10-2-2014 by Ord. No. 1-2014]
(4) 
Cornices, eaves, gutters, bay windows, roof overhangs or chimneys may project into a required setback not more than 24 inches.
(5) 
Light fixtures, sidewalks or walkways on grade, open fire escapes, fences and retaining walls, handicapped ramps, flagpoles for official government flags of the United States and its political subdivisions, sidewalks, walkways or ramps when not connected to a building, vegetation, landscaping materials, decorative lawn ornaments, bird feeders, handrails along sidewalks or ramps, bus shelters and telephone booths may project into any required setback.
E. 
Through and reverse frontage lots.
(1) 
Through lots.
(a) 
Where a lot extends through from street to street, and has two frontages on two different streets with the same functional classification, the applicable front yard and front setback regulations shall apply on both street frontages. However, in case of a complete system of through lots that are designed for reversed frontage, the front yard need only be along the minor street of the subdivision or land development.
[Amended 10-2-2014 by Ord. No. 1-2014]
(b) 
Residential through lots shall not be permitted.
(2) 
Reverse frontage lots. Where a lot extends through from street to street, and has two frontages on two different streets with differing functional classifications, the applicable front yard and front setback regulations along with vehicular access shall be from the street of lower classification.
[Amended 10-2-2014 by Ord. No. 1-2014]

§ 270-85 Height limit exceptions.

A. 
The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1) 
Water towers, antennas (other than communication antennas and towers), utility poles, smokestacks, chimneys, agricultural buildings, farm silos, windmills, flagpoles, or other similar structures;
(2) 
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and
(3) 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline; and,
B. 
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

§ 270-86 Minimum habitable floor space. [1]

All dwelling units must conform to the minimum habitable space as provided in Section 1208 of the 2009 International Building Code, or latest revision adopted by the Township.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See also Ch. 110, Construction Codes, Uniform.

§ 270-87 Operations and performance standards.

A. 
All uses proposed within West Manheim Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended.
B. 
The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
(1) 
Noise pollution and vibration: rules and regulations of the Pennsylvania Department of Environmental Protection;
(2) 
Air pollution, airborne emissions and odor: rules and regulations of the Pennsylvania Department of Environmental Protection;
(3) 
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended;
(4) 
Mine reclamation and open pit setback: Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act;[1]
[1]
Editor's Note: See 52 P.S. § 3301 et seq.
(5) 
Glare and heat: rules and regulations of the Pennsylvania Department of Environmental Protection; and
(6) 
Handicap access: the latest version of the Americans With Disabilities Act.[2]
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 270-88 Demolition.

Demolition of any structure must be completed within three months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. Wood, asphalt, shingles and similar building materials shall not be buried or used as fill at the demolition site, but must be disposed of at an approved solid waste disposal facility certified to dispose of such materials. A structure may be partly demolished if a building remains and the demolition of the part is completed as required in the previous sentence. All evidences of the structure which was demolished must be removed from the exterior surfaces of the remaining building.