For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.Â
Unless stated otherwise, words in the present tense shall include
the future tense.
B.Â
Unless stated otherwise, words used in the singular tense imply the
plural and words used in the plural tense include the singular.
C.Â
The word "shall" or "must" means mandatory; the word "may" or "should"
is directive and means strongly encouraged.
D.Â
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.Â
The word "structure" includes "building"; both terms shall be construed
as if followed by the phrase "or part thereof."
F.Â
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.Â
Unless stated otherwise, the male gender is neutral and includes
the female gender.
H.Â
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
I.Â
The word "lot" includes the word plot or parcel.
J.Â
The term "Board" shall refer to the Zoning Hearing Board.
K.Â
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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."
Diagram 270-13A
|
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.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
Diagram 270-13B
|
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.
A solar energy system that requires external mechanical power
to move collected heat.
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."
A business or club that engages in one or more of the following
areas of sales, services or entertainment:
ADULT BATHHOUSEAn 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.
ADULT BODY-PAINTING STUDIOAny 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.
ADULT BOOKSTOREAny establishment that has a substantial or significant portion of its stock-in-trade in:
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
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
ADULT CABARETA 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.
ADULT MASSAGE ESTABLISHMENTAny 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.
ADULT MINI MOTION-PICTURE THEATERAn 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.
ADULT MODEL STUDIOAny 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.
ADULT MOTELA 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.
ADULT MOTION-PICTURE ARCADEAny 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.
ADULT MOTION-PICTURE THEATERAn 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.
ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUTCALL SERVICE ACTIVITYAny 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.
ADULT SEXUAL ENCOUNTER CENTERAny 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.
ADULT THEATERA 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.
ADULT VIDEO STOREA 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.
ADULT, OTHERAny 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."
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.
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.
Agricultural uses that involve, but are not necessarily limited
to, one or more of the following conditions:
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An animal feeding operation that is required to obtain NPDES permits in accordance with the Clean Water Act.[2]
CONCENTRATED ANIMAL OPERATION (CAO)An animal feeding operation that is required to develop a nutrient management plan in accordance with Pennsylvania Act 38 of 2005.[3]
OTHERAny 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.
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.
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.
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.
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.
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]
A soil developing from recently deposited alluvium and exhibiting
essentially no horizon development or modifications of the recently
deposited material.
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.
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.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Renewable energy devices which provide a reduction in energy
dependence (i.e., solar or wind energy systems).
A revision to this chapter or to the Official Zoning Map.
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]A commercial use offering veterinary services to all types
of animals, which also includes outdoor and overnight boarding of
animals.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 11-19-2019 by Ord. No. 3-2019]
An individual dwelling unit within a multifamily dwelling
structure or building.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
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.
A permanent roofed accessory structure, attached to the principal
building, is considered a part of the principal building for all regulatory
purposes.
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A § 5601 et seq.
[6]This definition includes the following commercial uses:
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE SALESThe 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.
AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE REPAIR/SERVICEThe practice of mechanical and/or body repairs, storage, rental, servicing and/or supplying of gasoline or oil to automobiles, trucks, or similar motor vehicles.
AUTOMOBILE OR GASOLINE SERVICE STATIONThe retail sale of gasoline, oil, or other fuel, which may include facilities used for servicing automobiles, trucks and other similar motor vehicles.
AUTOMOBILE WASHING (CAR WASH)The washing and polishing of automobiles, which may include accessory services.
A commercial use. See definition of "financial institution."
Any areas of the building having a floor below the average
finished grade.
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.
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.
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.
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.
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.
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.
ATTACHED BUILDINGA 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.
DETACHED BUILDINGA 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.
SEMIDETACHED BUILDINGA 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.
Diagram 270-13C
|
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.
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.
Diagram 270-13D
|
Diagram 270-13E
|
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.
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.
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.
A plot of ground within a campground intended for occupation
by a recreational vehicle, tent or shelter.
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]
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]
The portion of the street or alley right-of-way that is improved,
designated and intended for vehicular use.
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.
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.
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.
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.
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]
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.
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.
the mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Amended 11-19-2019 by Ord. No. 3-2019]
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:
INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn 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.
OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn 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.
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.
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.[7]
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.
The most recently adopted version of the Official Comprehensive
Plan, West Manheim Township, York County, Pennsylvania, including
any amendments thereto.
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).
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.
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.
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.
A building, structure, or site adding to the historical significance
of an individual property or historic district.
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:
Rental of videotapes, DVDs or video games, provided that an
adult-related facility is specifically prohibited.
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.
Use of no more than two amusement devices (e.g., pinball machines,
video games, and other similar devices).
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.
The County of York, Commonwealth of Pennsylvania.
The York County Planning Commission and its professional
staff.
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.
ACCESSORY DAY CAREAn 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.
FAMILY DAY CAREAn 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.
COMMERCIAL DAY CAREA 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.
A flat floored roofless area, or elevated platform, either
free-standing or attached at different levels extending from a building.
Primarily constructed of wood or a composite wood material.
[Added 8-16-2016 by Ord.
No. 5-2016]
A Township-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless facility, lighting, or municipal attachments
have been placed or are permitted to be placed.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
The deterioration or destruction of a structure through lack
of maintenance or abandonment.
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.
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.
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.
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.
A disability of a person that has continued or can be expected
to continue indefinitely and that is:
Attributable to mental retardation, cerebral palsy, epilepsy
or autism.
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.
A person with a developmental disability.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 11-19-2019 by Ord. No. 3-2019]
A process whereby materials, goods, or products are imported
and stored by one person and then delivered to another.
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.
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.
Diagram 270-13G
|
A container generally two or more cubic yards in capacity,
for the disposing of refuse, whether generated by residential, commercial,
industrial, or other use.
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]
MULTIFAMILY DWELLINGA 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.
Diagram 270-13H
|
SINGLE-FAMILY ATTACHED DWELLINGA 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.
Diagram 270-13I
|
SINGLE-FAMILY DETACHED DWELLINGA residential use of a dwelling considered a detached building, used by one family or housekeeping unit. See Diagram 270-13J.
Diagram 270-13J
|
SINGLE-FAMILY SEMIDETACHED DWELLINGA residential use of a dwelling considered a semidetached building, used by one family or housekeeping unit. See Diagram 270-13K.
Diagram 270-13K
|
TWO-FAMILY DWELLINGA residential use of a detached building, used by not more than two families or housekeeping units. See Diagram 270-13L.
Diagram 270-13L
|
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
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.
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.
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.
[8]a condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
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.
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.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 11-19-2019 by Ord. No. 3-2019]
Any one or more of the following:
A single individual occupying a dwelling unit.
Two or more persons related by blood, marriage, or adoption
occupying a dwelling unit.
Not more than three unrelated persons occupying a dwelling unit.
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.[9]
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.
An accessory use to an active farm in which the residents
engage in a secondary, supplemental occupation.
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.
Federal Communications Commission.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
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]
A commercial use such as a bank, savings and loan association,
credit union, finance or loan company, etc.
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.
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.
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.
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."
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.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of structure to the public right-of-way.
[Added 11-19-2019 by Ord. No. 3-2019]
That side of a lot abutting on a street; the front lot line.
See Diagram 270-13G.[10]
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.
Diagram 270-13M
|
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.
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.
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.[11]
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.
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.
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.
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.
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]
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.
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.
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.[12] 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[13] to address certain situations related to substance abuse
treatment.
Group homes shall be subject to the same limitations and regulations
by the Township as the type of dwelling unit they occupy.
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.
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.
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.
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.
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.
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.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
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]
The growing of fruits, vegetables, flowers, or ornamental
plants.
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.
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.
Quantity of light, measured in footcandles.
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."
Any land area characterized by any or all of the following:
Wetlands as defined herein;
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant
plant and animal species and communities that are listed as Pennsylvania
Threatened or Pennsylvania Endangered;
PNDI-confirmed extant plant and animal species and communities
that have a state rank of S1 or S2; and
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.
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.
GENERAL INDUSTRIAL USEManufacturing, processing, fabricating or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential areas.
LIGHT INDUSTRIAL USEManufacturing, processing, fabricating or storage uses which are characterized by uses of large sites, and processes that can be compatible with neighboring residential uses.
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.
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.
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:
A vehicle intended to be self-propelled that shall not be operable
under its own power for any reason; or
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.
Notwithstanding the foregoing, the storage of disabled farm
vehicles or pieces of farm equipment on a lot shall not be considered
a junkyard if:
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.
A small, round hill.
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.
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.
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 emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
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.
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.
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.
Diagram 270-13N
|
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.
The area contained within the property lines of a lot, excluding
any areas within any public or private rights-of-way.
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.
See definition of "impervious coverage."
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.[14]
A lot other than a corner lot, the sides of which do not
abut a street right-of-way. See Diagram 270-13N.
The lines bounding a lot as defined herein. See Diagram 270-13G.[15]
A lot that has been recorded in the office of the Recorder
of Deeds of York County, Pennsylvania.
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.
An interior lot having frontage on two parallel or approximately
parallel street rights-of-way. See Diagram 270-13N.
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.[16]
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
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.
[17]A function involving either the processing, conversion or
production of materials, goods or products.
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 11-19-2019 by Ord. No. 3-2019]
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
Any use owned or operated by West Manheim Township.
An area maintained in a natural state for the preservation
of both animal and plant life.
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.
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:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantive nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
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.
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.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
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.
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.
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.
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.
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.
Wireless communications facilities located or collocated
on existing structures, such as, but not limited to buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles and other similar structures that
do not require the installation of a new tower. This term includes
the replacement of an existing structure with a similar structure
that is required to support the weight of the proposed WCF.
[Added 11-19-2019 by Ord. No. 3-2019]
Natural Resources Conservation Service of the United States
Department of Agriculture.
Institutional uses designed for the full-time care, housing,
boarding, and dining of human beings, being provided with some level
of nursing care.
BUSINESS AND PROFESSIONAL OFFICEA 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.
CONTRACTOR'S OFFICEA 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.
PUBLIC SERVICE OFFICEAn office of a governmental agency, social service organization, Magisterial District Judge, notary public, private utility, or political organization.
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.
The provision of a safe, adequate and healthful supply of
water to a single principal use from a private well.
Unoccupied area open to the sky and on the same lot with
the principal use.
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.
The owner of record of a parcel of land.
Pennsylvania Department of Environmental Protection.
Pennsylvania Public Utility Commission.
A unit of land which meets all of the following criteria:
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.
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.
Diagram 270-13O
|
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.
A wall on an interior lot line used or adopted for joint
services between two buildings.
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
An outdoor space constructed at ground level for dining or
recreation that adjoins a residence and is typically paved with concrete,
stone slabs (aka paving flags), bricks, block paving, tiles, or cobbles.
[Added 8-16-2016 by Ord.
No. 5-2016]
Pennsylvania Department of Transportation.
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.
[18]Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Township, or to any department or agency of
the Township.
[Added 11-19-2019 by Ord. No. 3-2019]
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.
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.
A place equipped with tables, benches, grills and trash receptacles
for people to assemble, cook, eat and relax outdoors.
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.
The Planning Commission of West Manheim Township.
A container designed for temporary short-term storage that
is not affixed to the 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.
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.[19]
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A function that involves only the cleaning, sorting, sizing,
packaging, or any combination thereof, of products.
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.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
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.
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.
A valley with sharply sloping walls created by the action
of stream waters.
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 portable structure, primarily designed to provide temporary
living quarters for recreation, camping or travel purposes.
For purposes of campgrounds, the term shall include a vehicle
that is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for uses as a permanent dwelling but as temporary
living quarters for recreational, camping, travel and seasonal use.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities.
PUBLIC RECREATION AREASThose owned and operated by a unit of local government.
PRIVATE RECREATION AREASThose owned and operated by a nonprofit organization, and open only to bona fide members and their guests.
COMMERCIAL RECREATION AREASThose operated as a business and open to the public for a fee.
Activities that involve relatively inactive or less energetic
activities such as walking, sitting, picnicking, card games, chess,
checkers and similar table games.
A procedure by which services or personal property is temporarily
transferred to another person for a specific time period for compensation.
A function involved in correcting deficiencies of products
that affect their performance, appearance or both.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 11-19-2019 by Ord. No. 3-2019]
The conversion of a single-family detached dwelling into
accommodations for more than one dwelling unit.
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.
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.
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.
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.
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.
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.
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.[20]
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.
An accessory use to a principal single-family detached dwelling
in which the owners engage in an occupation contained within an accessory
building.[21]
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
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.
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.
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.
A school licensed by the commonwealth, for the purpose of
providing, elementary, secondary, adult education and operated by
the Southwestern York School District.
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.
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.
A device or materials used to conceal one element of a development
from other elements or from adjacent or contiguous development.
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.
The required horizontal distance between a minimum setback
line and a property or street right-of-way line. See Diagram 270-13G.[22]
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.
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.
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.
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.
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.
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.
ANIMATED SIGNA 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.
CENTER SIGNA 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.
FLAT WALL SIGNA 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.
FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base). See C, G, and I, Diagram 270-13P.
HOME OCCUPATION SIGNA 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.
OUTPARCEL SIGNA sign affixed to a freestanding unit of occupancy contained within a planned commercial center. See A, D and E, Diagram 270-13P.
PERMANENT SIGNA 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.
PORTABLE SIGNA sign that is intended to easily be moved and not permanently affixed to a structure or the ground. See B, Diagram 270-13P.
TEMPORARY SIGNA 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.
UNDER CANOPY SIGNA 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.
WALL PROJECTING SIGNA 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.
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
|
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.
A wireless communications facility that meets the following
criteria:
[Added 11-19-2019 by Ord. No. 3-2019]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
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.
Radiant energy (direct, diffused, and reflected) received
from the sun.
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.
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,[23] and 25 Pa. Code Chapter 273, as amended, supplemented
or revised.
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,[24] 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.
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.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 11-19-2019 by Ord. No. 3-2019]
A function involving the depositing of materials, goods,
products or combination thereof for safekeeping.
A watercourse with definite bed and banks which confine and
convey continuously or intermittently flowing water.
A natural stream carrying water during the wet seasons.
A stream that is present at all seasons of the year.
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:
ARTERIALA 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.
MAJOR COLLECTORA 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.
MINOR COLLECTORA 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.
LOCAL COLLECTORA 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.
LOCAL ROADA 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.
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.
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."
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.[25] See also definition of "building."
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 11-19-2019 by Ord. No. 3-2019]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed twenty feet, whichever is greater; for other
eligible support structures, it increases the height of the structure
by more than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than twenty feet, or more
than the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment,; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
§ 1.40001(b)(7)(i) through (iv).
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.[26]
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.
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.
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]
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.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 11-19-2019 by Ord. No. 3-2019]
West Manheim Township, York County, Pennsylvania, Board of
Supervisors, its agents, or authorized representatives.
Any garbage, debris, material, equipment, and/or apparatus
that has been discarded or is no longer functional.
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.
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.
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.
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.
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.
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.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 11-19-2019 by Ord. No. 3-2019]
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.)
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
Land set aside for animal habitation.
An area restricted for the protection and preservation of
natural resources and wildlife.
Raising of nondomestic wildlife.
A device that converts wind energy to mechanical or electrical
energy; commonly referred to as "windmills."
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.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 11-19-2019 by Ord. No. 3-2019]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 11-19-2019 by Ord. No. 3-2019]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added 11-19-2019 by Ord. No. 3-2019]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 11-19-2019 by Ord. No. 3-2019]
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.
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.
Woodlands consisting of 70% or more canopy trees having a
two-and-one-half-inch caliper or greater.
An unoccupied and unobstructed open space between the permitted
structures and the property line. See Diagram 270-13G.[27]
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.
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.
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).
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.
The person charged with the duty of enforcing the provisions of this Chapter 270, Zoning, and any officially designated assistant.
The West Manheim Township Zoning Ordinance, as amended (this
chapter).
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.
[7]
Editor's Note: The former definitions of "communications antenna,"
"communications equipment building," and "communications tower," which
immediately followed, were repealed 11-19-2019 by Ord. No. 3-2019.
[8]
Editor's Note: Added 8-6-2015 by Ord. No. 3-2015.
[9]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[10]
Editor's Note: Diagram 270-13G follows the definition of "driveway,"
above.
[11]
Editor's Note: Diagram 270-13B follows the definition of "accessory
structure," above.
[12]
Editor's Note: See the Pennsylvania Human Relations Act, 43
P.S. § 951 et seq., and 42 U.S.C. § 3601 et seq.,
respectively.
[13]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[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: Diagram 270-13G follows the definition of "driveway,"
above.
[18]
Editor's Note: Diagram 270-13O follows the definition of "parking
lot," above.
[19]
Editor's Note: Diagram 270-13B follows the definition of "accessory
structure," above.
[20]
Editor's Note: Diagram 270-13G follows the definition of "driveway,"
above.
[21]
Editor's Note: The definition of "rural resource area," which
immediately followed this definition, was repealed 6-1-2023 by Ord.
No. 2-2023.
[22]
Editor's Note: Diagram 270-13G follows the definition of "driveway,"
above.
[23]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[24]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[25]
Editor's Note: Diagram 270-13B follows the definition of "accessory
structure," above.
[26]
Editor's Note: Diagram 270-13B follows the definition of "accessory
structure," above.
[27]
Editor's Note: Diagram 270-13G follows the definition of "driveway,"
above.
[28]
Editor's Note: Diagram 270-13G follows the definition of "driveway,"
above.
[29]
Editor's Note: Diagram 270-13N follows the definition of "lot,"
above.
