This Part 7 establishes additional general and specific requirements for certain uses listed in Parts 4 and 5 of this chapter, in addition to nonconformities and other general and supplemental requirements of this chapter and the requirements of each zoning district, and applies throughout the Township unless otherwise specified. If the zoning district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.
A.
For uses allowed within a specific zoning district as "special exception"
or "conditional uses," see also the procedures and standards in Parts
11 and 12.
A.
Connection to centralized water and centralized sewage disposal facilities. All principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) shall be served by centralized water and centralized sewer pursuant to Article V of Chapter 235, Subdivision and Land Development.
(1)
Where centralized sewage or centralized water is available, a sewage
permit, water service agreement or written authorization from the
appropriate authority shall be required prior to the issuance of a
zoning permit.
B.
On-lot water and on-lot sewage disposal facilities. For those principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) not meeting the requirements of this section, such uses and developments shall be permitted only by conditional use and in accordance with Part 11 of this chapter, and Article V of Chapter 235, Subdivision and Land Development. The applicant shall submit a feasibility report on sewer and water facilities in accordance with Chapter 235, Subdivision and Land Development.
(1)
All methods and plans for the on-lot disposal of sewage or wastes
shall be designed in accordance with all applicable regulations. A
sewage permit or written authorization shall be obtained from the
Sewage Enforcement Officer or the PA DEP, as applicable, prior to
the issuance of a zoning permit.
(2)
All on-lot water supply shall be in accordance with Chapter 261, Article I, Wells, of the Code of the Township of West Manheim. All required wells shall be sunk and tested prior to subdivision approval or permit authorization. All applicable authorizations for private water supplies shall be obtained from the PA DEP.
A.
For each proposed new lot, all land development and principal buildings shall be sited on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[1] Access to lots containing single-family or two-family
dwellings shall be via driveways; access to lots containing other
uses shall be via access drives, both of which then have access onto
a public or private street meeting Township standards.
B.
If a new nonresidential or multifamily residential principal building is proposed to be constructed or placed on a lot that abuts a private street(s), and the lot does not have access onto a public street, then, as a condition of the permit, the lot owner shall be required to improve the segments of the private street(s) that directly abut the lot. Such improvements shall be in accordance with all requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[2]
More than one principal use may be erected on a single lot only
within the Business Center and/or Commercial/Industrial Zoning Districts,
provided that all lot and yard requirements, standards, and other
requirements of this chapter shall be met for each structure, as though
it were on an individual lot. In addition, such proposals shall gain
approval for a land development plan, and provide individually approved
methods of sewage disposal.
A.
Uses and buildings in the Business Center and/or Commercial/Industrial
Zoning Districts:
(1)
A lot in the Business Center and/or Commercial/Industrial Zoning
Districts may include more than one permitted principal use per lot
and/or more than one permitted principal building per lot, provided
that all of the requirements are met for each use and each building,
except if shared parking as provided in Part 9 is provided. Otherwise,
if differing dimensional requirements apply for different uses on
the lot, then the most restrictive requirement shall apply.
(2)
The uses and buildings shall be in common ownership. However, a condominium
form of ownership of individual buildings, with a legally binding
property owners' association, may be established if the applicant
proves to the satisfaction of the Zoning Officer, based upon review
by the Township Solicitor, that there will be appropriate legal mechanisms
in place.
B.
Uses and buildings in the Residential and/or Suburban Residential
Zoning Districts.
(1)
A lot within the Residential and Suburban Residential Zoning Districts
shall not include more than one principal use and shall not include
more than one principal building unless specifically permitted by
this chapter.
(2)
A mobile home park, condominium residential development or apartment
development may include more than one principal building per lot,
provided all other requirements of this chapter are met. A condominium
form of ownership of individual dwelling units, with a legally binding
homeowners' association, may be established if the applicant proves
to the satisfaction of the Zoning Officer, based upon review by the
Township Solicitor, that there will be appropriate legal mechanisms
in place and compliance with applicable state law.
C.
Uses and buildings in other zoning districts. In all other zoning
districts, more than one principal use is permitted only in one building
on a single lot.
B.
Triangular lots. All triangular lots shall have a rear yard established
by a radial setback from the vertex of the two side yards.
C.
Front-yard exception. Where at least two adjacent buildings (one
on each side of the proposed building), on the same side of the street
within 100 feet of said property being developed, are set back a lesser
distance than required, the average of the lesser distances becomes
the required minimum front setback for the property. However, in no
case shall the setback line be less than 15 feet from any abutting
street right-of-way line.
D.
Projection into required setbacks.
(1)
Carports shall meet the setback requirements for the zoning district
in which they are located.
(2)
Uncovered stairways and necessary landings may project into a required
setback to a distance of not more than four feet, provided that such
stairway and landing shall not extend above the entrance floor of
the building, except for a railing, not to exceed three feet in height.
(3)
Uncovered porches or decks may project into a required setback to
a distance of not more than four feet.
[Amended 10-2-2014 by Ord. No. 1-2014]
(4)
Cornices, eaves, gutters, bay windows, roof overhangs or chimneys
may project into a required setback not more than 24 inches.
(5)
Light fixtures, sidewalks or walkways on grade, open fire escapes,
fences and retaining walls, handicapped ramps, flagpoles for official
government flags of the United States and its political subdivisions,
sidewalks, walkways or ramps when not connected to a building, vegetation,
landscaping materials, decorative lawn ornaments, bird feeders, handrails
along sidewalks or ramps, bus shelters and telephone booths may project
into any required setback.
E.
Through and reverse frontage lots.
(1)
Through lots.
(a)
Where a lot extends through from street to street, and has two
frontages on two different streets with the same functional classification,
the applicable front yard and front setback regulations shall apply
on both street frontages. However, in case of a complete system of
through lots that are designed for reversed frontage, the front yard
need only be along the minor street of the subdivision or land development.
[Amended 10-2-2014 by Ord. No. 1-2014]
(b)
Residential through lots shall not be permitted.
(2)
Reverse frontage lots. Where a lot extends through from street to
street, and has two frontages on two different streets with differing
functional classifications, the applicable front yard and front setback
regulations along with vehicular access shall be from the street of
lower classification.
[Amended 10-2-2014 by Ord. No. 1-2014]
A.
The height regulations do not apply to the following structures or
projections, provided such structures or projections are set back
a horizontal distance at least equal to their height from any property
line:
(1)
Water towers, antennas (other than communication antennas and towers),
utility poles, smokestacks, chimneys, agricultural buildings, farm
silos, windmills, flagpoles, or other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water
storage tanks, ventilating fans, and other mechanical appurtenances;
and
(3)
Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet above the roofline; and,
B.
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
[Amended 8-16-2016 by Ord. No. 5-2016]
All dwelling units must conform to the minimum habitable space
as provided in Section 1208 of the 2009 International Building Code,
or latest revision adopted by the Township.[1]
A.
All uses proposed within West Manheim Township shall operate in compliance
with applicable state and federal regulations, as they are periodically
amended.
B.
The following lists known governmental regulations associated with
various land use impacts. This list in no way excludes or limits federal
or state jurisdiction over uses within the Township, but is merely
provided for information to applicants and landowners.
(1)
Noise pollution and vibration: rules and regulations of the Pennsylvania
Department of Environmental Protection;
(2)
Air pollution, airborne emissions and odor: rules and regulations
of the Pennsylvania Department of Environmental Protection;
(3)
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691.1, as amended;
(5)
Glare and heat: rules and regulations of the Pennsylvania Department
of Environmental Protection; and
Demolition of any structure must be completed within three months
of the issuance of a permit. Completion consists of tearing the structure
down to grade, filling any resulting cavity to grade and removing
all resulting materials from the lot. Wood, asphalt, shingles and
similar building materials shall not be buried or used as fill at
the demolition site, but must be disposed of at an approved solid
waste disposal facility certified to dispose of such materials. A
structure may be partly demolished if a building remains and the demolition
of the part is completed as required in the previous sentence. All
evidences of the structure which was demolished must be removed from
the exterior surfaces of the remaining building.
