D. Uses By Special Exception
The following uses and activities may be permitted by Special Exception
upon approval of the Zoning Hearing Board limited to one (1) such use and one (1) principal building or structure per lot, except for subparagraph 2); provided, however, that more than one permitted use will be permitted on a lot, of all of the permitted uses on that lot are contained within a single building, which is owned and managed as a total entity with shared customer and employee parking on the site as an integral part of the site plan.
Each use permitted pursuant to his section shall be a use that, if standing alone, would be permitted in the zone in which it is proposed:
1) Automotive services. (See Section 418) 2) Office buildings.
3) Adult Entertainment Facilities.
4) Communications Tower. (See Section 434) 5) Day Care Center. (See Section 421)
6) Home Occupation E. Prohibited Uses
The following uses are expressly prohibited in the (I) Industrial District:
1) Dwellings.
2) All uses that do not meet the requirements of Section 420, entitled Performance Standards.
F. Lot Area and Bulk Regulations:
MINIMUM MINIMUM
SETBACKS
USE AREA WIDTH
(Ft.) FRONT
(Ft.) SIDE
(Ft.) REAR (Ft.)
MAX.
COVER (%)
MAX.
HT. (Ft.)
All Permitted Uses Except Those Regulated
Elsewhere Herein:
2 Acres
200 50 50 50 80 75
* For Lots within 35 feet of the R-l, R-2, R-3, AO, or V Districts, the minimum front, side, and rear setbacks are increased to l00 feet.
Section 310 - (FP) Floodplain Overlay District A. Specific Intent
In addition to the objectives established in Article I herein, it is the specific intent of these regulations to establish overlay districts which will:
1) Protect areas of floodplain subject to a necessary for floodwaters.
2) Protect and encourage the retention of open land uses which will be so located and designed as to constitute a harmonious and appropriate part of the physical development of the Township.
3) Combine with present zoning requirements, certain restrictions made necessary for the floodplains to promote the general health, welfare, and safety of the Township.
4) Prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.
5) Minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage.
6) Reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.
7) Permit certain uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow of flood waters, or otherwise cause danger to life and property, at or above or below their locations along the floodway.
8) Permit only those uses in the floodplain compatible to the preservation of natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by (a) withholding rapid water runoff contributing to downstream flooding and (b) providing area for ground water absorption for maintenance of the subsurface water supply.
9) To provide sufficient drainage courses to carry abnormal flows of storm water in periods of heavy precipitation.
B. FW (Floodway Area)
Within any floodway area, no construction or development shall be allowed that will cause any increase in the one-hundred (100) year flood elevation.
1) Permitted Uses
Within any floodway area, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill, or storage materials and equipment:
a) Cultivation and harvesting of crops according to recognized soil conservation practices.
b) Pasture, grazing land.
c) Outdoor plant nursery; orchard.
d) Recreation use, such as: park, day camp, picnic grove, golf course, hunting, fishing, boating.
e) Forestry, lumbering and reforestation, excluding storage and mill structures.
f) Harvesting of any wild crops such as marsh hay, ferns, moss, berries, or wild rice.
g) Game farm, fish hatchery, hunting and fishing reserve.
h) Wildlife sanctuary, woodland preserves, arboretum.
i) Sealed public water supply wells.
j) Utility transmission lines, sanitary sewers, sewage pumping stations, and sewage treatment plants.
k) Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures shall be permitted. Inclusion of floodplain lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth elsewhere in this Ordinance and with any other pertinent municipal regulations. If such compliance cannot be shown, the land area within the Floodplain District shall not be calculated for purpose of determining lot areas or yard requirements.
l) Parking lots where required by the regulations for any other district.
m) Front, side, and/or rear yards as required by the regulations for any non-residential district, except that an area so utilized shall not be inconsistent with the objectives and standards set farther elsewhere in this Ordinance and with any other pertinent regulations.
2) Uses Permitted by Special Exception
The following uses and activities may be permitted by Special Exception provided that they are in compliance with the provisions of the underlying district, and the requirements of any other ordinance, code or regulation:
a) Accessory structures relative to the uses and activities listed above in subsection 1), but not including manufactured homes or any structure intended for human habitation.
No construction or development or any kind will be allowed that will cause any increase in the one hundred (100) year flood elevation, and no building permit shall be issued until a permit has been obtained from the Pennsylvania Department of Environmental Protection, or a letter form it stating that no permit is required from that Department.
C. FF (Flood-Fringe) and FA (General Floodplain) Areas
Within any FF or FA Area, all the uses and activities listed in B.1) and 2) above shall be allowed as permitted uses, provided that they are in compliance with the provisions of the underlying district and the requirements of any other applicable ordinance, code, or regulation.
D. Prohibited Uses.
The following uses and activities are prohibited anywhere within the Floodplain Overlay District:
1) All residential buildings, including manufactured homes for any purpose.
2) The placement of fill, except where needed to elevate a building, removal of topsoil or damming or relocation of any watercourse.
3) Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.
4) Commercial and public overnight camping areas.
5) On-site sewage disposal system.
6) Hospitals (public or private).
7) Nursing homes (public or private).
8) Jails or prisons.
9) New manufactured or mobile home parks and manufactured or mobile home subdivisions and substantial improvements thereto.
10) Any new or substantially improved structure that will be used for the production or storage of any of the following materials and substances considered dangerous to human life, or which will be used for any activity requiring the maintenance of a supply (any amount of radioactive substances, or more than 550 gallons or other comparable volume) of any such materials or substances:
a) Acetone b) Ammonia c) Benzene
d) Calcium carbide e) Carbon disulfide f) Celluloid
g) Chlorine
h) Hydrochloric acid i) Hydrocyanic acid j) Magnesium
k) Nitric acid and oxides of nitrogen
l) Petroleum products (gasoline, fuel oil, etc.) m) Phosphorus
n) Potassium o) Sodium
p) Sulfur and sulfur products
q) Pesticides (including insecticides, fungicides, and rodenticides)
r) Radioactive substances, insofar as such substances are not otherwise regulated.
E. Design and Construction Requirements
Development allowed within any floodplain area shall comply with the following:
1) Elevation and Floodproofing Requirements
a) Residential Structures - Substantial improvements to existing residential structures shall have the lowest floor (including basement) at least one and one-half (1½) feet above the one hundred (100) year flood elevation.
b) Non-residential Structures - Any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) at least one and one-half (1½) feet above the one hundred (100) year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one-half (1½) feet above the one hundred (100) year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
2) Space below the lowest floor.
a) Fully enclosed space below the lowest floor (including basement) is prohibited.
b) Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
i. A minimum of two permanent openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
ii. The bottom of all openings shall be no higher than one (1) foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
3) Accessory Structures
Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
a) The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment, related to the principal use or activity.
b) Floor area shall not exceed 600 square feet.
c) The structure will have a low damage potential.
d) The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
e) Power lines, wiring, and outlets will be at least one and one-half (1½) feet above the one-hundred (100) year flood elevation.
f) Permanently affixed utility equipment and appliances including but not limited to furnaces, heaters, washers, dryers, are prohibited.
g) Sanitary facilities are prohibited.
h) The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
i. A minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
ii. The bottom of all openings shall be no higher than one (1) foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
4) Water and Sanitary Sewer Facilities and Systems
a) All new or replacement public water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
b) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
c) No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
5) Other Utilities
All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
6) Placement of Buildings and Structures
All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
7) Anchoring
a) All buildings and structure shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
b) All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory Flood Elevation shall be securely anchored or affixed to prevent flotation.
F. Municipal Liability
The granting of a building permit or approval of a subdivision plan in any floodplain district shall not constitute a representation, guarantee or warranty of any kind by East Manchester Township, or by any official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against, such public body, official or employee for any damage that may result pursuant thereto.
G. Warning and Disclaimer of Liability
1) The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods covering areas in excess of those mapped for this Ordinance may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas will be free from flooding or flood damages.
Section 311 - Uses Not Provided For
A. Any use not specifically allowed elsewhere in this Ordinance shall be allowed by special exception in the district or districts where, and to the extent that, similar uses are permitted or allowed by special exception provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.
Section 312 - Principal Use
A. Unless allowed otherwise herein or approved by a variance granted by the Zoning Hearing Board, there is allowed on each individually platted lot one principal use.
ARTICLE IV