Township of Warwick, PA Background Provisions

Editor's Note: The Zoning Map and related amendments are on file in the Township offices.

Ordinance	Date	Description
167	5-3-1995	Revising the zoning classifications of three tracts of land located on the north side of Owl Hill Road east and west of its intersection with Starlite Drive in the Township from part R-1 Residential Zone (R-1) and part Conservation Zone (C) to provide that a greater portion of each property shall be classified as R-1 Residential Zone (R-1) and a smaller portion of each property be classified as Conservation Zone (C)
169	7-5-1995	Revising the zoning classifications of two tracts of land located on the northeast side of Rothsville Road west of Pierson Road in the Township from their present classification as Agricultural Zone (A) to Community Commercial Zone (CC)
172	3-20-1996	Revising the zoning classification of a tract of land containing 0.2379 acre, more or less, situate on the southwest side of Newport Road, west of its intersection with Rothsville Station Road, from its present classification as Agricultural Zone (A) to Mixed Use Zone (MU)
181	1-5-1998	Revising the zoning classification of Lot No. 1 located in the Wynfield Business Center from Community Commercial (CC) to Industrial
182	1-5-1998	Revising the zoning classification of Lot No. 4 located in the Wynfield Business Center from Community Commercial (CC) to Industrial
183	4-15-1998	Revising the zoning classification of a tract of land containing 56.06 acres (Ammon and Catherine Reiff) from Rural Estate to Agricultural; and to revise the zoning classification of a tract of land containing 11.0253 acres (Robert and Debra Hazlett) from Residential (R-1) to Rural Estate
202	2-19-2003	Revising the zoning classification of a tract of land containing approximately 0.8431 acre situate south of Front Street extended and east of North Oak Street, adjacent to Lititz Borough in the Township of Warwick, from its present classification as R-2 Residential Zone (R-2) to Industrial-1 Zone (I-1)
223	11-15-2006	Revising the zoning classification of a tract of land containing approximately 5.47 acres, situate west of South Broad Street, south of West 7th Street and north of Trolley Run Road, adjacent to Lititz Borough, from Community Commercial (CC) to R-2 Residential Zone (R-2)
231	11-21-2007	Revising the zoning classification of a tract of land containing 14.466 acres, more or less, situate on the west side of Lititz Pike, north of Peters Road, south of West Woods Drive and East of Highlands Drive, adjacent to Shoppes at Kissel Village from Campus Industrial Zone (I-2) to Community Commercial Zone (CC)
237	2-18-2009	Revising the Zoning classification of the tract of land containing 5.47 acres, more or less, situate west of South Broad Street, south of West 7th Street and north of Crosswinds Drive, adjacent to Lititz Borough, from R-2 Residential Zone (R-2) to R-3 Residential Zone (R-3)
245	3-17-2010	Revising the zoning classification of a tract of land containing 0.32 acre, more or less, situate on the north side of Landis Valley Road, approximately 60 feet southeast of the intersection of Landis Valley Road and South Broad Street (SR 0501), known and numbered as 3 Landis Valley Road, from Community Commercial Zone (CC) to R-2 Residential Zone (R-2).
246	3-17-2010	Revising the zoning classification of a tract of land containing 49.437 acres, more or less, situate on the northwest side of Orchard Road, approximately 1230 feet north of its intersection with Newport Road, from Rural/Estate Residential Zone (RE) to R-1 Residential Zone (R-2).
241	6-17-2010	Revising the zoning classification of a tract of land containing 0.53 acre, more or less, situate on the southwest side of Rothsville Road, near its intersection with Clay Road, known and numbered as 782 Rothsville Road, from R-1 Residential Zone (R-1) to Industrial-1 Zone (I-1).
247	10-20-2010	Revising the zoning classification of a tract of land containing 0.251 acres, more or less, situate on the south side of Owl Hill Road (T-600) and Lititz Pike (SR 0501), adjacent to the property known and numbered as 901 Lititz Pike, from R-1 Residential Zone (R-1) to Local Commercial Zone (LC).
252	8-15-2012	Revising the zoning classification of the tract of land containing 1.743 acres, more or less, located west of Lititz Pike, south of Lititz Borough, and east of the proposed extension of Highlands Drive in the Township of Warwick, from R-3 Residential Zone (R-3) to Local Commercial Zone (LC).
253	8-15-2012	Revising the zoning classification of the tract of land containing 8.019 acres, more or less, located to the rear of 133 Rothsville Station Road in the Township of Warwick, from Agricultural Zone (A) to Community Commercial Zone (CC).
254	8-15-2012	Revising the zoning classification of the property containing 95.5 acres, more or less, located on the south side of West Newport Road, known and numbered as 36 West Newport Road, from Agricultural Zone (A) to Campus Industrial Zone (I-2).
257	10-3-2012	Revising the zoning classification of the tract of land containing 60.00 acres, more or less, situate on the north side of West Millport Road (T-715) and the west side of Hess Lane (T-710), from Agricultural Zone (A) to R-2 Residential Zone (R-2).
257	10-3-2012	Revising the zoning classification of the tract of land containing 23.018 acres, more or less, situate on the south side of West Woods Drive (T-899) and the west side of Hess Lane (T-710), from Agricultural Zone (A) to R-1 Residential Zone (R-1).
273	12-16-2015	Revising the zoning classification of a parcel containing 78.3 acres from Rural/Estate Zone (RE) to Agricultural Zone (A).
274	2-3-2016	Revising the zoning classification of a parcel containing 24 acres from partly R-1 Residential Zone (R-1) and partly Agricultural Zone (A) to R-2 Residential Zone (R-2).
286	6-19-2019	Revising the zoning classification of six tracts of land located on the north side of East Newport Road, east and west of Orchard Road, containing in the aggregate 9.68 acres, more or less, from Rural/Estate Residential Zone (RE) to Local Commercial Zone (LC). Revising the zoning classification of a tract of land located north of Pierson Road containing 3.35 acres, more or less, from R-1 Residential Zone (R-1) to R-2 Residential Zone (R-2). Revising the zoning classification of two tracts of land located north of Pierson Road and southwest of Rothsville Road containing in the aggregate 3.25 acres, more or less, from Industrial-1 Zone (I-1) to R-2 Residential Zone (R-2). Revising the zoning classification of a tract of land located north of Pierson Road and southwest of Rothsville Road containing 0.42 acre, more or less, from R-1 Residential Zone (R-1) to Industrial-1 Zone (I-1).

[Amended 5-18-1994 by Ord. No. 163; 2-19-1997 by Ord. No. 175; 11-19-1997 by Ord. No. 178; 12-18-1997 by Ord. No. 179; 4-4-2001 by Ord. No. 199]

Word usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

Language interpretation. In this chapter, when not inconsistent with the context:

(1)

Words in the present tense imply also the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The word "person" includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity.

(5)

The term "shall" or "must" is always mandatory.

Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY EQUIPMENT

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 6-5-2019 by Ord. No. 285]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACREAGE, GROSS

The total land area contained within a property or proposed site.

ACREAGE, NET

The total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way.

ACT

The latest version of the Pennsylvania Municipalities Planning Code, as amended.

ADULT-RELATED FACILITIES

(1)

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(a)

ADULT BATH HOUSEAn establishment or business which 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 section 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 or similar professional licensed by the Commonwealth of Pennsylvania.

(b)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(c)

ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:

[1]

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

[2]

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(d)

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(e)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which 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 cub, 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.

(f)

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 which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(g)

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 which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(h)

ADULT MOTELA motor or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(i)

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.

(j)

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 which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(k)

ADULT NEWS RACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(l)

ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(m)

ADULT SEXUAL ENCOUNTER CENTERA 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 in engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.

(n)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(2)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses.

ALLEY

A minor right-of-way, private or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters or enclosing walls. Any renovation to a building which would change its use, location and/or size.

AMUSEMENT ARCADE

A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANAEROBIC DIGESTION

The process by which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas which is then burned on site to produce heat, electricity and water, and has the ancillary benefit of managing livestock manure.

[Added 7-20-2011 by Ord. No. 248]

ANIMAL HOSPITALS

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings or structures.

[Added 7-20-2011 by Ord. No. 248]

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales nor rental or automatic car washes.

AUTOMOBILE SALES

Any building or land devoted to the retail sales of passenger vehicles including accessory service and repair facilities conducted within a wholly enclosed building.

AUTOMOBILE SERVICE

The retail repair, servicing, maintenance and reconstruction of passenger vehicles but not including car washes per se.

BANQUET and/or CONFERENCE FACILITY

A facility available for lease by private parties, organizations, etc., where special events, trade shows, seminars, weddings, etc., are held.

BASE FLOOD

The flood having a 1% change of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BASE PERMITTED LOT COVERAGE

The maximum permitted lot coverage without, or before the application of, one or more transferable development rights.

BED-AND-BREAKFAST

A single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BEEKEEPING

An accessory use to a farm permitted in any zone, in which bees are raised and/or kept in compliance with § 340-11B(5)(d) of this chapter.

BETTING USE

A place used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and use of electronic gambling devices. This term shall not include state lottery sales or lawful small games of chance.

[Added 10-17-2007 by Ord. No. 229]

BILLBOARD

A sign upon which images and/or messages of any kind are printed, posted or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed or to disseminate other messages.

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of the anaerobic digestion processes.

[Added 7-20-2011 by Ord. No. 248]

BOARD

The Zoning Hearing Board of Warwick Township.

BOARDINGHOUSE

A detached building arranged or used for sheltering or feeding, or both, for more than three and not more than 10 individuals that do not constitute a family.

BUILDING

Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind including tents, awnings or vehicles situated on private property and used for purposes stated above. For the purposes of this section, the word building shall include gas or liquid storage tanks.

(1)

ATTACHEDA building which has two or more party walls in common.

(2)

DETACHEDA building which has no party wall.

(3)

SEMIDETACHEDA building which has only one party wall in common.

BUILDING AREA

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces and steps.

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building at its corners to the highest point of the roof.

BUILDING SETBACK LINE

A line within a lot which is equidistant from a front, side or rear lot line which represents the minimum separation distance between the street right-of-way or lot line to the limits of the building line as determined by the yard requirements of this chapter. If any portion of the front lot line is not within a street right-of-way, such distance shall be measured between such portions of the front lot line and the front building line.

CAFE

An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreation vehicles or tents.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CARPORT

An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is accessory.

CARTWAY

That portion of a street or alley right-of-way that is intended for vehicular movements.

CELLAR

A space with less than 1/2 of its floor to ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.

CEMETERY

Land used or intended to be used for the burial of the deceased including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by a duly authorized Township officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CHURCH AND RELATED USES

A building, structure or group of buildings or structures including accessory uses, designed or intended for public worship. This definition shall include rectories, convents and church related educational and/or day care facilities.

COLLOCATION

(1)

The mounting or installing of a WCF on a pre-existing structure; and/or

(2)

Modifying a structure for the purpose of mounting or installing a WCF on that structure.

[Added 6-5-2019 by Ord. No. 285]

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.

COMMERCIAL LIVESTOCK OPERATION

An agricultural use involving more than 15 or more head of livestock.

COMMERCIAL POULTRY OPERATION

An agricultural use involving 1,000 or more birds such as, but not limited to, chickens and turkeys.

COMMON OPEN SPACE

Restricted open space designed and intended for the use and enjoyment of the residents of the subdivision or land development of which it is a part and owned and managed in common. Common ownership shall not necessarily preclude use or access by the general public or lease for private use such as agriculture.

[Amended 2-18-2009 by Ord. No. 237; 8-21-2019 by Ord. No. 287]

COMMUNICATIONS ANTENNA

Wireless communications facilities located 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 wireless support structure. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

[Amended 6-5-2019 by Ord. No. 285]

COMMUNICATIONS TOWER

Any newly installed or replacement 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 associated wireless communications facility.

[Amended 6-5-2019 by Ord. No. 285]

COMPREHENSIVE PLAN

The most recently adopted version of the Official Comprehensive Plan, Warwick Township, Lancaster County, Pennsylvania, including any amendments.

CONDITIONAL USE

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 340-131 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVATION DISTRICT

The Lancaster County Conservation District or any agency successor thereto.

[Added 3-16-2016 by Ord. No. 275]

CONSERVATION PLAN

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

CONVENIENCE STORE

(1)

A retail sales business which specializes in providing household products and food. Convenience stores may also provide for any or all of the following as an accessory use:

(a)

The rental of video tapes provided that an adult bookstore is specifically prohibited.

(b)

The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided.

(c)

The use of no more than two amusement devices (e.g., pinball machines, video games and other similar devices).

(2)

Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

CONVERSION APARTMENTS

The adaption of one single-family detached dwelling to two or more dwelling units.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

DAY CARE, COMMERCIAL

A principal use, or an accessory use, in which more than six individuals are cared for or supervised during any calendar day. Commercial day cares require licensure from the Commonwealth of Pennsylvania.

DAY CARE, FAMILY

An accessory use to a detached single-family dwelling in which four to six individuals, who are not related to the residents of the principal dwelling, are cared for or supervised during any calendar day. Family day cares must be registered by the Commonwealth of Pennsylvania.

DCED

The Pennsylvania Department of Community and Economic Development or any agency successor thereto.

[Added 3-16-2016 by Ord. No. 275]

DECLARATION OF RESTRICTION OF DEVELOPMENT

A legal document which places restrictions on the amount and type of development which can occur on a sending tract from which transferable development rights have been severed and transferred.

DEED OF TRANSFERABLE DEVELOPMENT RIGHTS

A legal document which grants transfer of ownership of transferable development rights and is duly recorded in the Office of the Recorder of Deeds of Lancaster County, Pennsylvania.

DENSITY

The number of dwelling units permitted in relation to the gross lot area of the site exclusive of existing perimeter public or private street rights-of-way and area within the Floodplain Zone as described in § 340-22 of this chapter. For cluster developments, density shall be defined as the number of dwelling units permitted in relation to the net lot area of the site.

[Amended 8-21-2019 by Ord. No. 287]

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

(1)

Attributable to mental retardation, cerebral palsy, epilepsy and autism.

(2)

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.

(3)

Attributable to dyslexia resulting from a disability described in Subsection (1) and (2) of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DISTRIBUTION

A process whereby materials, goods or products are imported, stored by one person and then delivered to another.

DOMESTIC PETS

Animals or birds, including but not limited to dogs and cats, that are locally available for purchase as pets and are accessory to a residential use. Domestic pets shall not include farm animals such as cows, sheep, goats and pigs and shall not include any animal or bird requiring a special license or permit under Chapter 29 of the Game and Wildlife Code, 34 Pa.C.S.A. § 2901 et seq. Domestic pets shall not include reptiles, such as snakes, which are not indigenous to Pennsylvania.

[Added 5-20-2015 by Ord. No. 272]

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourist courts and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extended from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.

(1)

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front yard and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with the definition of "mobile home," as follows. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings as long as they comply with the general requirements of a dwelling.

(2)

DUPLEX (TWO-FAMILY, SINGLE-FAMILY, SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over and under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.

(3)

MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

(4)

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls.

(5)

QUADRAPLEXOne detached building that contains four separate dwelling units, all of which share one or two points of exterior access. Within the Village Overlay Zone, all quadraplexes must be designed to resemble one single-family detached dwelling.

(6)

MOBILE HOMEFor the purposes of this chapter, all mobile homes, except those contained within mobile home parks, shall be governed by all regulations applicable to single-family detached dwellings and the following:

(a)

All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed.

(b)

All mobile homes and additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top or frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 [ANSI A119.3-1975]), as amended for Mobile Homes in Hurricane Zones or other appropriate standards, such as the following:

[1]

Over-the-top ties shall be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

[2]

Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length and four additional ties per side for units less than 50 feet in length.

[3]

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

DWELLING UNIT

A building, or portion thereof, arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil.

EASEMENT

A right-of-way granted for limited use of private land for a public or quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.

ELECTRONIC DISPLAY SCREEN

A billboard, or portion of a billboard, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.

[Added 10-17-2007 by Ord. No. 229]

ENVIRONMENTALLY SIGNIFICANT or SENSITIVE AREA

An area of land including steep slopes (e.g., slopes exceeding 15% grade), wetlands, floodplains, restricted soils, forest stands, and/or specimen trees with a caliper of eight inches or greater.

ECHO HOUSING

An additional dwelling unit place on a property for occupancy by either an elderly, handicapped or disabled person related by blood, marriage or adoption, to the occupants of the principal dwelling.

EMERGENCY

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 6-5-2019 by Ord. No. 285]

FAMILY

A single housekeeping unit where the occupants of a dwelling unit live and behave in a manner like that of a family in a character and use that is permanent and not transitory and remains nontransient. A family requires a level of stability and permanence and does not include a for-profit commercial enterprise.

[Amended 10-17-2007 by Ord. No. 229; 8-21-2019 by Ord. No. 287]

FARM

Any parcel of land within 10 or more acres which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARM OCCUPATION

An accessory use to the primary agricultural use of a property in which residents engaged in a secondary occupation conducted on the active farm.

FARM RELATED BUSINESS

A principal use that may, or may not, be located upon a farm, at which goods and services are rendered in support of local farming operations.

FCC

Federal Communications Commission.

[Added 6-5-2019 by Ord. No. 285]

FEEDSTOCK

The input to a manure digester, which typically consists of livestock and/or poultry manure (primary catalyst), and possibly other organic materials such as food wastes (secondary catalyst).

[Added 7-20-2011 by Ord. No. 248]

FEMA

The Federal Emergency Management Agency or any entity successor thereto.

[Added 3-16-2016 by Ord. No. 275]

FENCE

A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land including, but not limited to, levees, bulkheads, dikes, jetties, embankments and causeways.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display of merchandise.[1]

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation of runoff of surface waters from any source.[2]

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA, GROSS LEASABLE

The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls.

FLOOR AREA, HABITABLE

The sum of the floor areas 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 cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FRONT BUILD-TO-LINE

An area establishing the required location for all, or a portion of a building's front facade, as measured from the street line.

FUNERAL HOME

A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematorium.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than one ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit.

GEOTHERMAL TERMS

[Added 7-20-2011 by Ord. No. 248]

(1)

BENTONITEA highly plastic, colloidal clay composed largely of the mineral montmorillonite. Used in grout to seal geothermal or other wells or boreholes after they have been drilled, bored, or otherwise excavated.

(2)

BOREHOLESA penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration. Used in closed vertical loop geothermal systems.

(3)

CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that consists of the following basic elements: underground loops of piping; approved, nontoxic heat transfer fluid; a heat pump; and an air distribution system. An opening is made in the earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic antifreeze, such as propylene glycol, added. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open-loop system except there is no pumping of groundwater.

(4)

CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic antifreeze, such as propylene glycol, added.

(5)

GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

(6)

GROUTNeat cement, cement plus bentonite, bentonite, bentonite plus silica sand, or other low-permeability sealing material. Grout is to be mixed and applied according to manufacturer's specifications (e.g., water content and viscosity) for use in grouting (i.e., sealing) wells and/or geothermal boreholes.

(7)

OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a water-supply well, or other source, and a pump to deliver groundwater to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through a recharge well or infiltration bed, or may be discharged into a pond, lake, or stream.

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GROSS TRACT AREA

The extent of surface area contained within the boundary of a property, including existing public street rights-of-way.

[Added 8-21-2019 by Ord. No. 287]

GROUP HOME

A dwelling operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes shall be licensed where required by any appropriate governmental agency or agencies, and a copy of each such license shall be delivered to the Township prior to beginning the use. Group homes shall be subject to the following regulations: the total number of individuals who occupy the dwelling unit shall be limited to two residents per existing bedroom and shall not exceed 10 residents per dwelling unit, including live-in staff.

[Amended 10-17-2007 by Ord. No. 229]

HAZARDOUS MATERIAL

Materials which have the potential to damage health, endanger human life or impair safety.

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or,

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH AND RECREATION CLUB

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEAVY EQUIPMENT

Machinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, farm machinery, excavation equipment, commercial trucks and trailers, yachts, industrial machinery, etc.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including antennas mounted on the tower and any other appurtenances.

[Added 6-5-2019 by Ord. No. 285]

HEIGHT, STRUCTURE

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take-off and be stored.

HELIPORT

A principal use where one or more helicopters may land/take-off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangars.

HISTORIC APARTMENT CONVERSION

The conversion of an historic structure into two or more dwelling units.

HISTORIC INN CONVERSION

The conversion of an historic structure, including any new structure physically connected to an historic structure, into an inn in which dining and up to 30 rooms of lodging are provided to overnight guests for compensation, the duration of said lodging not to exceed 15 days in a thirty-day period.

[Added 11-19-2008 by Ord. No. 234]

HISTORIC OFFICE CONVERSION

The conversion of an historic structure into one or more offices.

HISTORIC RESTAURANT CONVERSION

The conversion of an historic structure into a restaurant.

HISTORIC STRUCTURE

Any structure (which may be a principal building, outbuilding, or accessory structure) identified as Class I or Class II in the Warwick Historical Survey: Warwick Township, Elizabeth Township and Lititz Borough, Lancaster County, Pennsylvania, prepared by Rettew Associates, Inc., dated December 2008, or identified as Class I or Class II in the National Register of Historic Places or identified as Class I or Class II in any designation of historic structures in a duly adopted Township comprehensive plan or multi-municipal comprehensive plan including the Township.

[Amended 11-19-2008 by Ord. No. 234; 6-16-2021 by Ord. No. 296]

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use in a detached dwelling unit, except that a limited business or commercial activity which meets all of the following criteria is not considered a home occupation and is permitted by right in any dwelling unit:

(1)

No exterior evidence of the business shall be permitted.

(2)

No retail sales or display of goods, exclusive of telephone solicitation, is permitted.

(3)

No onsite storage of commercial vehicles shall be permitted except as may be provided under the definition of "garage, private."

(4)

Only residents of the site may be engaged in the business or commercial activity.

(5)

The business or commercial activity may be conducted only within the dwelling unit and may not occupy more than 15% of the habitable floor area.

(6)

The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.

(7)

The use shall not involve regular visitation by customers, clients, salespersons or suppliers.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on 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 accessory uses are contained upon the hospital property.

HOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of the 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. The duration of said lodging is not to exceed 15 days in a thirty-day period.

[Amended 11-19-2008 by Ord. No. 234]

HOUSING FOR OLDER PERSONS DEVELOPMENT

A residential community consisting of single-family detached dwellings, duplexes, townhouses and/or multiple-family dwellings, which is restricted with respect to the age requirement for occupancy, and may include community facilities for the use of the residents. All of the permitted dwellings shall be occupied by a head of household at least 55 years of age and having no permanent residents under the age of 19.

[Added 2-18-2009 by Ord. No. 237]

IMPERVIOUS SURFACE

Any material that covers the land which inhibits the percolation of stormwater directly into the soil including, but not limited to, buildings, pavement and stormwater facilities that discharge stormwater off the site.

IMPORTANT NATURAL HABITAT

Any land area characterized by any or all of the following:

(1)

Wetlands as defined by criteria of the U.S. Department of Interior, Fish and Wildlife Service.

(2)

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered.

(3)

PNDI confirmed extant plant and animal species and communities that have a State Rank of S1 or S2.

INTERIOR DRIVE

Any onsite vehicular movement lane(s) that are associated with a use other than a single-family dwelling.

JOINT USE DRIVEWAY

A common driveway that serves two to four adjoining dwellings within the Village Overlay Zone, as regulated in §§ 340-23J(3), 340-23M(1) and (3) of this chapter. Additionally, joint use driveways can serve up to four adjoining flag lots, as regulated in § 340-46 of this chapter.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use 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." (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date.)

KENNEL

Any lot on which five or more animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated or trained, including, but not limited to, dog or cat kennels.

[Amended 5-20-2015 by Ord. No. 272]

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land shall be deemed to be a landowner for the purposes of this chapter.

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade and to a height of six feet.

LIVESTOCK

Domestic animals, such as cattle or horses, or birds, such as chickens, raised for home use or profit.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

Any parcel or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot," "parcel" or "tract." Contiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this chapter. A lot as herein defined may or may not coincide with a lot of record.

(1)

LOT, CORNERA lot which 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, one side and one rear yard.

(2)

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.

(3)

LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.

(4)

LOT, THROUGH or REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT AREA, GROSS

The total area contained within the lot lines of a lot.

[Added 8-21-2019 by Ord. No. 287]

LOT AREA, NET

The area contained within the lot lines of a lot, excluding any area comprising one or more of the following:

[Added 8-21-2019 by Ord. No. 287]

(1)

The area within all legal street rights-of-way.

(2)

Areas determined to be jurisdictional wetlands. The method of determination shall be as established by the United States Army Corps of Engineers.

(3)

Any surface or subsurface easement or right-of-way for petroleum product pipelines or transmission of electricity, communications, stormwater management, sewer or water facilities, except that utility easements for individual service connections that serve the specific lot shall not be excluded from the net lot area.

(4)

Any lake, pond, stream or stormwater management basin. The area of these shall be the area within the prescribed easement or, when no easement exists nor is proposed, the area within the basin, pond, lake or stream shall be measured to the top of its bank or berm.

(5)

Floodplain areas shown on the Flood Insurance Rate Map (FIRM), including Zones A and AE, and established by elevation where flood elevations are published. The methods used to determine the extent of the floodplain shall be as described in this chapter.

(6)

Any slope in excess of 25%, measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. Slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope).

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., driveways, parking areas, sidewalks) or by any structure.

[Amended 6-16-2021 by Ord. No. 296]

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT OF RECORD

A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the Office of the Recorder of Deeds in and for Lancaster County, Pennsylvania.

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-addressed street and the directly opposite property line. Unless otherwise noted, lot width shall be measured at the building setback line and the street frontage. For a flag lot authorized pursuant to § 350-46, the minimum lot width shall be measured at the flag portion, parallel to the public street right-of-way.

[Amended 5-20-2015 by Ord. No. 272]

MANUFACTURE

A function involving either the processing or production of materials, goods or products.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE DIGESTER

A facility designed to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on site to produce electricity, heat, and water, as well as to manage livestock and poultry manure. Manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

[Added 7-20-2011 by Ord. No. 248]

MANURE STORAGE FACILITIES

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 above ground storage.

MASTER PLAN

A plan for the development of land within the Campus Industrial Zone (I-2) of the Township meeting the technical requirements of § 1106(a) of the Act and the requirements of § 340-19D(2) of this chapter.[3]

MAXIMUM PERMITTED HEIGHT

For both the principal and accessory structures shall be measured from the finished floor to the midline of the roof structure. The roof structure midline will be determined as the midpoint between the attic floor and the peak of the structure. On any residential use lot, any accessory building shall be at least five feet below the height of the principal structure.

[Added 10-17-2007 by Ord. No. 229]

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MEDICAL RESIDENTIAL CAMPUS

A principal use whereby a comprehensive medical and residential environment primarily serves retirement-aged persons and/or those possessing some ailment or disability. Medical residential campuses also offer a variety of residential dwelling types determined by the occupants' respective needs for some level of nursing and/or medical care.

MINI-WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair or other nonstorage activities shall be permitted.

MOBILE HOME

Any structure intended for or capable of permanent human habitation, with or without wheels and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 340-85 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the purposes of § 340-22 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MODIFICATION OF AN EXISTING COMMUNICATIONS TOWER or MODIFICATION OF AN EXISTING WCF or MODIFICATION OF AN EXISTING POLE FACILITY

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 6-5-2019 by Ord. No. 285]

MONOPOLE

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 6-5-2019 by Ord. No. 285]

MUNICIPAL USE

Any use owned and/or operated by the Township or Warwick Township Municipal Authority.

MOTEL

Any facility which provides short-term lodging or short-term rental other than hotels and bed-and-breakfast establishments as defined in this chapter. The term shall include short-term lodging in or short-term rental of a structure that would be considered a dwelling unit as defined in this chapter if the occupancy was by a single family as defined in this chapter in excess of 30 days. A motel which contains more than eight guest rooms with at least 25% of the rooms having direct access to the outside without the necessity of passing through the main lobby of the building may provide meals and other services, including meeting rooms and amenities such as pools and exercise facilities as accessory uses.

[Amended 11-19-2008 by Ord. No. 234; 6-16-2021 by Ord. No. 296]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this section.

NIGHTCLUB

Any building used for onsite 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 onsite consumption of food. Additionally, nightclubs can offer the retail sale of carry out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

NONCOMMERCIAL KEEPING OF LIVESTOCK

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zone in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding and dining associated with some level of nursing care.[4]

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service or government, including administration, record keeping, clerical work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products; or the sale or delivery of any materials, goods or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

ONSITE SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

ONSITE WATER SERVICE

The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.[5]

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

OUTDOOR HYDRONIC HEATER

See "outdoor wood-fired boiler."

[Added 7-20-2011 by Ord. No. 248]

OUTDOOR WOOD-FIRED BOILER (OWB)

A fuel-burning device in which all of the following apply:

[Added 7-20-2011 by Ord. No. 248]

(1)

It is designed to burn, or is capable of burning, one or more of the following allowed fuels:

(a)

Clean wood;

(b)

Wood pellets made from clean wood;

(c)

Home heating oil, natural gas or propane that:

[1]

Complies with all applicable sulfur limits;

[2]

Is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.

(d)

Other fuel approved, in writing, by DEP.

(2)

Has a rated thermal output of less than 350,000 Btu per hour.

(3)

The manufacturer designs or specifies the device for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals, including structures like garages and sheds.

(4)

Heats building space or a fluid, or both, through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and approved, nontoxic antifreeze.

PA DEP

Pennsylvania Department of Environmental Protection.

PARENT TRACT

When used in determining the permissible number of lots which may be subdivided or dwellings or other principal nonagricultural uses which may be erected in the Agricultural Zone, all contiguous land held in single and separate ownership, regardless of whether:

(1)

Such land is divided into one or more lots, parcels, purparts or tracts;

(2)

Such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or

(3)

Such land is bisected by public or private streets or rights-of-way; which was held by the landowner or his predecessor in title on November 13, 1985, or, if such land was not classified as Agricultural Zone on November 13, 1985, which was held by the landowner or his predecessor in title on the date such land was first classified as Agricultural Zone after November 13, 1985.

PARKING COMPOUND

A primary business where passenger vehicles may be stored for short-term, daily or overnight off-street parking and connected to a street by an access drive.

PARKING LOT

An accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements listed in § 340-35 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS, PRIVATE

A recreational facility owned or operated by a nonpublic agency and/or conducted as a private gainful business, excluding shooting ranges.

PENDING

For the purpose of Articles VI and VII, to determine whether an application to the Zoning Hearing Board or the Board of Supervisors is "pending," an application shall be considered pending before the Zoning Hearing Board or Board of Supervisors, as applicable, until the Zoning Hearing Board or Board of Supervisors, as applicable, renders a decision on the application and the time within which to appeal the decision has expired and the applicant has not filed an appeal to the courts. If the applicant files an appeal from the decision of the Zoning Hearing Board or the Board of Supervisors, as applicable, the application shall be considered pending until a court of competent jurisdiction has rendered a final, unappealed order. For the purposes of this chapter, an application shall not be considered pending before the Zoning Hearing Board or Board of Supervisors where the Zoning Hearing Board or Board of Supervisors, as applicable, has granted the application and a protestant has filed an appeal seeking reversal of the Board's decision.

PennDOT

Pennsylvania Department of Transportation.

PESTICIDE

Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds or other forms of plant or animal life.

PETROLEUM PRODUCT

Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse or mixed with other wastes.

PLANNING COMMISSION

The Planning Commission of Warwick Township.

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.

POLE FACILITY

Any newly installed wireless communications facility, located in a public or private right-of-way, that requires the installation of a new support structure consisting of a single utility pole installed for the primary purpose of supporting the WCF.

[Added 6-5-2019 by Ord. No. 285]

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

(1)

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(2)

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(3)

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway or is held by easement or other lesser interest than the premises where the activity is located.

PRIVATE CLUB

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any 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, as well as social and athletic clubs. Private clubs shall not include adult related facilities as defined herein.

PROFESSIONAL BIOLOGIST

An individual with at least a graduate degree in aquatic and/or terrestrial biology and/or ecology, and with a depth of knowledge in organisms and the processes of ecological systems.

PUBLIC

Owned, operated or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions). This definition shall not include the Warwick School District.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, and subsequent amendments.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) along the perimeter of the subject property; this sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

PUBLIC SEWER

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

PUBLIC UTILITY

A use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service or similar services. A "public utility" shall not include cellular telephone transmission facilities and similar facilities of entities which are not governmentally owned and operated or not regulated by the Public Utility Commission.

PUBLIC WATER

A municipal water supply system, or a comparable common water facility approved and permitted by the PA DEP. Such systems are capable of serving multiple users.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECEIVING AREA

An area designated by this chapter upon which the development beyond its base permitted lot coverage is permitted through the acquisition and assignment of one or more transferable development rights. Within this chapter, the receiving area shall be all lands within the (I-2) Airport Industrial Zone.

RECREATIONAL FACILITY

An activity open to the public for the purpose of public recreation or entertainment including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. A recreational facility does not include adult uses, shooting ranges or amusement arcades as defined in this chapter.

RECREATIONAL VEHICLE

See "travel trailer."[6]

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

REPAIR

A function involved in correcting deficiencies of products that affect its performance and/or appearance.

REPAIR SERVICE SHOP

A business establishment primarily engaged in the maintenance, repair and restoration of household appliances, business machines, instruments, but excluding automotive related repairs and services. Permitted businesses may include jewelry, musical instruments, shoe and small engine repairs.

RESIDENT-OWNER SUBDIVISION

A subdivision permitted within the (A) Zone, subject to the requirements of § 340-93 of this chapter.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH OR FAST-FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site.

RESTRICTED OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a subdivision or land development, which, regardless of ownership is set aside, designed and managed for the protection of open space features, including but not limited to farmland, scenic views, historic resources, natural areas and recreational areas, subject to an approved open space management plan and restricted from further development as provided in § 340-43 of this chapter.

[Added 8-21-2019 by Ord. No. 287]

RETAIL

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult related uses as defined herein.

RIDING STABLE

A principal use whereby equestrian instruction is offered and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s).

RIGHT-OF-WAY

A corridor of publicly owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used only to receive radio or electromagnetic waves. A device which is designed to receive and transmit shall be included within the definition of "communications antenna" and shall not be considered a "satellite dish antenna" for the purposes of this chapter.

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

(1)

COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not be operated as a gainful business by some person or organization other than the school district.

(2)

PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or post graduate education that may or may not be operated as a gainful business.

(3)

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the school district.

(4)

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not be operated as a gainful business that principally offers training in any of the following occupations:

(a)

Truck driving.

(b)

Engineer repairs.

(c)

Building construction and general contracting.

Woodworking.

Masonry.

Plumbing.

Electrical contracting.

(h)

Other similar trades, as determined by the Zoning Hearing Board pursuant to § 340-5 and § 340-121E of this chapter.

SEASONAL RESIDENCE

A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days of the year.

SENDING AREA

An area designated by this chapter from which one or more transferable development rights may be conveyed. This area is established by § 340-45B of this chapter.

SENDING TRACT

A lot from which the landowner desires to sever and transfer TDRs attributable to all or a portion of such lot.

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

(1)

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly, called required front yard.

(2)

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called required rear yard.

(3)

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called required side yard.

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SHADE TREE

A deciduous tree that shall have a clear trunk at least five feet above the finished grade.

SHOOTING RANGE

A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development and training. For the purpose of this chapter, a firearm shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun or archery). A shooting range does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SHORT-TERM LODGING or SHORT-TERM RENTAL

The occupancy of any structure or portion of any structure by one or more persons for any period of 30 or fewer days. Short-term lodging/short-term rental shall include overnight accommodations in or occupancy for a period of 30 days or less in a structure that would be considered a dwelling as defined in this chapter if the occupancy was by a single family as defined in this chapter in excess of 30 days. See also "bed-and-breakfast," "hotel" and "motel" for specific types of short-term lodging/short-term rental provided for in this chapter. Short-term lodging shall not include overnight accommodations in facilities that provide medical care.

[Added 6-16-2021 by Ord. No. 296]

SIGN

A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal or similar organization.

SIGN, PERSONAL EXPRESSION

A sign expressing or communicating a noncommercial message, opinion, feeling, interest, or point of view, including, but not limited to, ideological, religious, political, or social messages. A personal expression sign may convey such message through text, symbols and/or logos (such as for a sporting team or club). A flag governed by the American, Commonwealth, and Military Flag Act, Act of July 7, 2006, P.L. 609, No. 93, 44 P.S. § 50.1 et seq., shall not be considered a personal expression sign and shall not be subject to limitations concerning personal expression signs. Holiday or seasonal decorations shall not be considered personal expression signs.

[Added 6-16-2021 by Ord. No. 296]

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot (as defined herein and which may include more than one lot of record) by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

SMALL WIRELESS COMMUNICATIONS FACILITY

A wireless communications facility that meets the following criteria:

[Added 6-5-2019 by Ord. No. 285]

(1)

The structure on which antenna facilities are mounted:

(a)

Is 50 feet or less in height; or

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and

(2)

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

(4)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the Federal Communications Commission.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for Lancaster County, Pennsylvania.

SOLAR ENERGY

Energy which has been converted, through the use of a solar energy system, from sunlight into usable electricity or to heat air, water, or other fluids for use in hot water or space heating, or other applications.

[Added 7-20-2011 by Ord. No. 248]

SOLAR ENERGY SYSTEM

An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. Particular types of solar energy systems include, but are not limited to:

[Added 7-20-2011 by Ord. No. 248]

(1)

Photovoltaic (PV) collectors, which convert solar energy into electricity;

(2)

Solar thermal collectors, which are designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating, or other applications.

SOLID WASTE

Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in 40 CFR, Part 261.

SPECIAL EXCEPTION

A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 340-121C of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

(5)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain.

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

STACK

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.

[Added 7-20-2011 by Ord. No. 248]

STEALTH TECHNOLOGY

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 6-5-2019 by Ord. No. 285]

STORAGE

A function involving the deposition of materials, goods and/or products for safekeeping.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way or private right-of-way, used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTERLINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

(1)

Any assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade including, but not limited to, buildings, sheds, cabins, mobile homes and trailers, fences, dams, culverts, roads, railroads, bridges, storage tanks and signs.

(a)

STRUCTURE, ACCESSORYA structure associated with an accessory use, (e.g., swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.).

(b)

STRUCTURE, PRINCIPALA structure associated with a primary use.

(2)

Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes and any other similar nonpermanent improvements.

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

The Warwick Township Subdivision and Land Development Ordinance, as amended and as it may be amended in the future (Chapter 285).

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either: (A) before the improvement or repair is started; or, (B) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

(1)

Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

(2)

Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

[Added 6-5-2019 by Ord. No. 285]

SWIMMING POOL

Any pool not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment 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, but no live entertainment shall be permitted.

TDR

A transferable development right.

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

TOWNSHIP

Warwick Township.

TRANSFERABLE DEVELOPMENT RIGHT (TDR)

A completely severable unit of development potential: (A) assigned by § 340-45B of this chapter to parcels located within the sending area; (B) which can be conveyed by a deed of transferable development rights; (C) which may, or may not be used to increase the permitted lot coverage or to increase the maximum permitted density of a receiving area; and, (D) which shall include the recordation of a deed of transferable development rights in the Office of the Recorder of Deeds of Lancaster County, Pennsylvania.

[Amended 2-18-2009 by Ord. No. 237]

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:

(1)

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled, or when hauled by a standard motor vehicle on a highway.

(2)

The unit is mounted or designed to be mounted on wheels.

(3)

The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck.

(4)

The unit contains, or was designed to contain, temporary storage of water and sewage.

(5)

The unit contains some identification by the manufacturer as a travel trailer.

TWO-FAMILY CONVERSIONS

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1)

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

(2)

USE, PRINCIPALThe main or primary use of property or structures.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and this chapter.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.

VETERINARIAN'S OFFICE

A building 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.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.)

[Added 6-5-2019 by Ord. No. 285]

WECS UNIT (WIND ENERGY CONSERVATION SYSTEM)

Any device which converts wind energy to mechanical or electrical energy and shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WETLAND

Area with the characteristics of wetland, as defined by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection and the U.S. Soil Conservation Service. Wetland areas are not limited to the locations delineated on wetland maps prepared by the U.S. Fish and Wildlife Service.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WIND CHARGER

A wind energy system direct-current generator used for charging storage batteries.

[Added 7-20-2011 by Ord. No. 248]

WIND ENERGY SYSTEM

An energy conversion system, typically consisting of a wind turbine, a tower, blades and associated controls and appurtenances (including electrical infrastructure and transmission lines), that converts wind energy to a usable form of energy to meet all or part of the energy requirements of the on-site user, or which is to be sold to a utility company to be used by others, or sold directly to other users. Particular types of wind energy systems include, but are not limited to:

[Added 7-20-2011 by Ord. No. 248]

(1)

Small-scale turbines, with rotor diameters of approximately nine feet to 15 feet, on approximately fifty-to-eighty-five-foot-tall poles;

(2)

Roof-top turbines, meant for installation on flat-roofed buildings such as commercial, institutional and industrial buildings, with rotors diameters of approximately 10 feet to 20 feet;

(3)

Utility pole turbines, with rotor diameters of three feet to six feet, and which can be mounted atop utility or light poles;

(4)

Micro-turbine panels, with rotors with diameter one foot or less, meant for areas with low-to-moderate wind speeds.

WIND ENERGY SYSTEM HEIGHT

The distance measured from the ground surface of the wind energy system tower base to the highest point of the extended blade tip or the highest point of the wind energy system.

[Added 7-20-2011 by Ord. No. 248]

WINDMILL

A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.

[Added 7-20-2011 by Ord. No. 248]

WINDOW

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tail, tower and pad transformer, if any.

[Added 7-20-2011 by Ord. No. 248]

WIND TURBINE TOWER

The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

[Added 7-20-2011 by Ord. No. 248]

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 6-5-2019 by Ord. No. 285]

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.

[Added 6-5-2019 by Ord. No. 285]

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

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 6-5-2019 by Ord. No. 285]

WIRELESS SUPPORT STRUCTURE

A structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, that could support the placement or installation of wireless telecommunications facilities if approved by the municipality. The term "wireless support structure" shall not include the antennas or accessory equipment.

[Added 6-5-2019 by Ord. No. 285]

YARD

An area between the permitted structures and the property lines.

(1)

YARD, FRONTThe area contained between the street right-of-way line and the principal structure.

(2)

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be all areas between the building and every lot line.

(3)

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s).

[Amended 10-17-2007 by Ord. No. 229]

ZONING

The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted Township official designated to administer and enforce this chapter in accordance with its literal terms.

ZONING ORDINANCE

The revised Warwick Township Zoning Ordinance of 1993, as amended [this chapter].

[1]

Editor's Note: The former definition of "flood," which immediately followed this definition, was repealed 5-18-2005 by Ord. No. 216.

[2]

Editor's Note: The former definitions of "floodproof," "floodway" and "flood elevation," which immediately followed this definition, were repealed 5-18-2005 by Ord. No. 216.

[3]

Editor's Note: Original definition of "maximum flood elevation," which immediately followed this definition, was repealed 5-18-2005 by Ord. No. 216.

[4]

Editor's Note: Original definition of "obstruction," which immediately followed this definition, was repealed 5-18-2005 by Ord. No. 216.

[5]

Editor's Note: Original definitions of "one hundred (100) year flood," "one hundred (100) year flood boundary" and "one hundred (100) year flood elevation," which immediately followed this definition, were repealed 5-18-2005 by Ord. No. 216.

[6]

Editor's Note: Original definition of "regulatory flood elevation," which immediately followed this definition, was repealed 5-18-2005 by Ord. No. 216.