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 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.
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]
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.
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.
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.
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.
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.
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.
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 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 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.
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.
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.
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.
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.
OPEN SPACE
A space unoccupied by buildings or paved surface and open
to the sky on the same lot with the building.
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:
(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.
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.
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.
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)
(c)
Building construction and general 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.).
(2)
Structures shall not include such things as
fences, sandboxes, decorative fountains, swing sets, birdhouses, bird
feeders, mailboxes and any other similar nonpermanent improvements.
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.
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.
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 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].