Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this section.
Unless otherwise expressly stated the following shall, for the
purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership or corporation or other
legal entity, as well as an individual.
D.
The word "shall" or "must" is to be interpreted as mandatory; the
word "may" as directory and complied with unless waived.
E.
The male gender includes the female gender.
For the purposes of this chapter, the following words and phrases
have the meaning given herein:
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, loading area,
drive-in and/or drive-through service window or other facility within
a land development.
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOKSTOREAn establishment in which 20% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, of pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, or similar visual representations, distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.
ADULT CABARETAn establishment, club, tavern, restaurant, theatre or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT GAMBLING AND GAMINGAn establishment or facility in which gambling or gaming is conducted, including those activities permitted under Act 2004-71[1] as most recently amended, including support facilities
for such use including access, parking, services and utilities but
not including small games of chance permitted under Act 1988-156.[2]
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons regardless whether or not the same includes sexual conduct.
ADULT THEATREA building, or a room within a building, used for presenting motion-picture film, videotape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
A commercial establishment or use primarily engaged in outdoor
and indoor display, sale, lease, rental and storage of farm equipment,
tools, implements and machinery, and/or a building used for the repair,
improvement and installation of parts and accessories for farm equipment.
A principal or accessory structure constructed primarily
for retail sale of agricultural products such as fresh fruits, vegetables,
herbs or plants during the harvesting season.
AGRICULTURAL ROADSIDE STAND, TEMPORARYA structure utilized for the sale of agricultural products only during the harvesting season, for up to a maximum of 120 days.
AGRICULTURAL ROADSIDE STAND, PERMANENTA structure utilized for the sale of agricultural products throughout the year from a permanently erected structure. May also involve the accessory sales of other processed food products such as jams, jellies, pickles, sauces or baked goods, and handicrafts.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
The accessory utilization of farms, lands located in an Agricultural District, or lands used for the production of "agricultural commodities" (as defined in Chapter 281, Article I, of this Code) regardless of the zoning district in which the land is located, for uses, other than normal agricultural operations, that center on family-oriented entertainment, education, and/or recreation with agricultural influence and focus. Such entertainment, education, and/or recreation is directly related to agriculture, but is clearly secondary and incidental to normal agricultural operations. Examples of agritainment include, but are not limited to, corn mazes, apple or pumpkin picking, hayrides, farm markets, event centers, wedding venues, or wineries, that utilize or sell agricultural commodities that are grown on site in furtherance of such entertainment, education, and/or recreation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Tourism that results from the presence of agritainment facilities
within a certain geographic region.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the airport is 750
feet above sea level.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[3]
Facilities for the storage, maintenance, takeoff and landing
of fixed wing, motorized aircraft.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
For the purpose of this chapter, an alternative energy system
shall include geothermal heat pumps, outdoor hydronic heaters, solar
and wind energy systems, and anaerobic digesters.
A change which includes revisions to the zoning text and/or
the Official Zoning Map.[4] The authority for any amendment lies solely with the Board
of Supervisors.
An establishment used primarily for the treatment of animals
by a veterinarian. Overnight and outside boarding of such animals
shall be for animals receiving medical or surgical treatment only.
Any landowner, lessee or his authorized agent who submits
plans, data and/or application to the Zoning Officer or other designated
Township official for the purpose of obtaining approval thereof.
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1,[5] is derived from the approach surface.
A self-propelled motor vehicle designed for the conveyance
of persons or property requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways; including trucks,
recreational vehicles and motorcycles.
(See "density" and "maximum development density.")
In the sending area. Density of residential and/or nonresidential
development per acre of gross lot area used to calculate the number
of development rights granted or allotted to a parent tract of land
existing on or before the effective date of this chapter; or
In the receiving area. Density of residential and/or nonresidential
development permitted on a parcel of land without the application
of transferred development rights.
A story having part, but not more than 1/2 of its height
below the average level of the adjoining ground. A "basement" shall
be considered as a story in determining compliance with building height
restrictions.
An accessory use to a single-family detached dwelling containing
not more than six guest rooms, which are used by not more than 12
guests, utilizing overnight accommodations for rental fee.
A building arranged or used for lodging, with or without
meals, for compensation, but in which no provision is made for cooking
in any individual room or suite. No medical or personal care is provided
to boarder or roomers by the operators of the facility.
See "riding academy (or boarding stable)."
An area of land, structure or facility to launch and retrieve
recreational boats from a trailer.
Any area of land or any structure principally used for the
permanent or temporary storage of boats for financial gain.
A naturally vegetated or re-vegetated area established or
managed to protect structures and aquatic, wetland, shoreline, and
terrestrial environments.
Any structure on a lot, having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of persons,
animals or property of any kind. (See "structure.")
ACCESSORY BUILDINGA building subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal building.
ATTACHED BUILDINGA building which has two or more party walls in common.
DETACHED BUILDINGA building which has no party wall.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
SEMIDETACHED BUILDINGA building which has only one party wall in common.
The total area taken on a horizontal plane at the mean level
of the ground surrounding the principal building and all accessory
buildings.
A building's vertical measurement, from the average ground
level at the corners of the building to the highest point of the roof.
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
The diameter of a tree trunk measured six inches above the
ground for a tree measuring up to and including four inches in diameter
and 12 inches above the ground for a tree measuring above four inches
in diameter. The term applies to nursery stock.
A lot, tract or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupancy
by transients in recreational vehicles or tents.
A plot of ground within a campground intended for occupancy
by a recreational vehicle or tent.
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health and social related services
for individuals not in need of hospitalization, but who, because of
age, illness, disease, injury, convalescence or physical or mental
infirmity, need such care.
CONVALESCENT OR NURSING HOMEA licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, surgical, or obstetrical services shall be provided in such a home.
DAY-CARE CENTERA facility which provides supervised care for a combined total of seven or more children or adults per day, where the facility is not being used as a residence. The facility may also be described as a "nursery school."
DOMICILIARY CARE HOMEAn existing building or structure designed as a detached dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.
FAMILY DAY-CARE HOMEA facility located in a single-family detached dwelling which provides supervised care for remuneration to not more than six children or adults, who are not relatives of the caregiver.
GROUP DAY-CARE HOMEA facility located in a single-family detached dwelling, which provides supervised care for remuneration to more than six but less than twelve children or adults, who are not relatives of the caregiver.
GROUP HOMEA type of group quarters designed for any number of persons of mentally, emotionally and/or physically disabled persons living and cooking together in a single facility. A group home shall be directly affiliated with a parent institution which provides for the administration of the residents, who may be required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff. This definition shall expressly include care for unwed parents, their children and those who have been physically abused.
PERSONAL CARE BOARDING HOMEA type of group quarters, specifically a premises in which food, shelter, and personal assistance and/or supervision are provided, on a state or federal licensed basis, for a period exceeding 24 consecutive hours for at least four but not more than 16 persons who are over the age of 18, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.
An accessory structure not totally enclosed which is primarily
designed or used for parking automobiles.
A story having more than 1/2 of its clear height below the
average level of the adjoining ground. A cellar shall not be considered
in determining the number of stories or building height.
Land used or intended to be used for the burial of the deceased,
including columbariums or mausoleums.
A certificate, issued by the Zoning Officer, which permits
the use of a building in accordance with the approved plans and specifications
and certifies compliance with the provisions of law for the use and
occupancy of the land and structure in its several parts, together
with any special stipulations or conditions of the zoning/building
permit.
Premises or buildings for social, recreational or administrative
purposes for organizations catering exclusively to members and their
guests 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. Club rooms, grounds
and meeting halls shall not include adult regulated facilities, golf
courses, shooting ranges, nightclubs, campgrounds or airports, unless
the respective requirements of this chapter are satisfied.
Any facility or use whose main purpose is to provide the
general public with an amusing or entertaining activity and where
tickets are sold or fees are collected for the activity:
INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTA use or activity operated as a gainful business, open to the public, for the purpose of leisure time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health clubs, miniature golf courses, skating rink, swimming pool, tennis courts, theatres, etc., when operated within a completely enclosed building. This use excludes an indoor shooting range.
OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTA use or activity operated as a gainful business, open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-carts and skating rinks, but also includes amusement rides or regular live entertainment. This use excludes a golf course and an outdoor shooting range.
All the real property and improvements, owned in common by
residents within the development, which is served by the facilities.
Common facilities include, without limitation, landscaped areas, buffers,
greenway land not included within title lines of any privately owned
lot, and street rights-of-way not dedicated to the municipality.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site suitable for and designed
and intended for the use or enjoyment of residents of the development,
not including streets, off-street parking areas, and areas set aside
for public facilities. Common open space shall be substantially free
of structures, but may contain such improvements as are in the development
plan as finally approved and as appropriate for the recreation of
residents.
Communication antennas, buildings, structures and towers
associated with the communications industry, including wireless towers
and antennas, and in accordance with the following definitions.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communication signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas for amateur radio equipment including without limitations ham, or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communication antennas and covering an area on the ground not greater than 250 feet.
HEIGHT OF COMMUNICATIONS TOWERThe vertical distance measured from ground level to the highest point on a communications tower, including antennas mounted on the tower.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. Homeowners Associations and Condominium Associations
are types of Community Associations.
The most recently adopted version of the Official Comprehensive
Plan, Lower Windsor Township, York County, PA, including any amendments.
Real estate, portions of which is designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those separate portions, in accordance with
the Pennsylvania Uniform Condominium Act 1980-82, as amended.[6]
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1,[7] is based on the conical surface.
A large, privately owned lot-comprising part of an area of
open land. The purpose of the conservancy lot is to provide surrounding
residents with visual access to greenway land, while keeping the land
under private ownership and maintenance. Only a small portion of such
lots may be developed; the remainder must be protected through conservation
easements and used in conformance with standard for greenway land.
Public access to conservancy lots is not required.
Lands upon which unique natural features and resources are
located in conservation subdivisions. All primary conservation areas
are required to be located within greenway lands.
Lands containing secondary resources that are conserved as
a part of greenway land.
Selected resources listed in this chapter, multiplied by
a protection factor and totalled.
An establishment of 5,000 square feet or less of gross floor
area, selling a variety of goods, comprised primarily of food and
beverages, generally purchased in small quantities. It is the intention
of this definition not to include small grocery, specialty or gourmet
stores but to include quick service retail establishments which are
characterized by high traffic generation and rapid turnover of customers.
An establishment primarily engaged in the on-site repair
or production of goods by hand manufacturing often involving only
the use of hand tools or domestic mechanical equipment, and the incidental
direct sale to consumers of only those goods produced on site. Cottage
industries are more intensive than a home occupation although they
are often accessory to a principal residential use. Typical uses include
arts and crafts such as ceramic studios, candle making shops and jewelry
manufacturing; small engines repair; metalworking, blacksmith and
tool sharpening shops; carriage, buggy, wagon and related accessories,
manufacturing, sales and service; carpenters, electricians, plumbers,
masons, other construction tradespersons; woodworking, furniture,
and cabinet making shops; bakeries, butchers and similar shops; and
tailor, seamstress and shoe repair shops.
A building containing a furnace for reducing dead bodies,
either animal or human, to ashes by burning.
The diameter of a tree trunk measured 4.5 feet above the
ground at the base of the tree. If a tree divides or splits into multiple
trunks below 4.5 feet, the trunk is measured at its most narrow point
beneath the split. The term applies to trees in the field (not nursery
stock).
A legal document which places restrictions on the amount
and type of development which can occur on a parcel of land in the
sending area from which development rights have been apportioned and
transferred. (See "sending area.")
A legal document which grants transfer of ownership of development
rights and provides for the attachment of the transferred development
rights to a specific parcel in the receiving area. (See "receiving
area.")
(See "base density" and "maximum development density.")
The right to construct a specified amount of development
according to this chapter. Said rights can be transferred from parcels
within the sending area where the Township desires only limited development,
so that the development potential which they represent may occur on
other lands where more intensive development is deemed to be appropriate
and desirable, specifically the receiving area. One development right
must be used for:
The number of development rights granted to the property.
The number of development rights which may be used on the
tract (base density).
A commercial use involving a customer being able to order
and receive food or other items or make financial transactions while
the customer remains within their vehicle.
A private minor vehicular right-of-way providing access between
a street and a garage, carport or other parking space for a single-family
or two-family dwelling. (See "access drive.")
A building or structure designed for living quarters for
one or more families, including mobile homes; but not including motels
or hotels, boardinghouses or rooming houses, convalescent or nursing
homes or other accommodations used for transient occupancy.
ACCESSORY GARAGE APARTMENT OR RENTAL COTTAGEAn accessory dwelling unit clearly incidental to the single-family detached dwelling located on the same lot.
CARETAKER/WATCHMAN DWELLINGA single-family detached dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner or person employed along with respective immediate family members, for purposes of care and protection of persons, property, plants, animals, equipment or other circumstances on site or upon contiguous lots, under the same ownership.
GROUP QUARTERSAny dwelling or portion thereof which is designed or used for at least three but not more than eight persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters include, but are not limited to, fraternity and sorority houses, dormitories and other quarters of an institutional nature. Such quarters must be associated with a parent religious, educational, charitable or philanthropic institution.
MULTIFAMILY DWELLINGA building containing three or more dwelling units including apartment houses, garden apartments or townhouses. All dwelling units are located on the same lot and share with other units a common yard area.
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit, and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a separate lot.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards.
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard and having one party wall in common with another dwelling unit. Each dwelling unit is located on a separate lot.
TEMPORARY HOUSING FOR FARM WORKERSMobile homes or manufactured dwellings provided on a seasonal basis to house temporary farm laborers, for a period not to exceed 120 consecutive days.
TEMPORARY RECREATIONAL DWELLINGSTravel trailers, motor homes, tent trailers and pickup campers that are located on an individual lot and are used for occasional living quarters not to exceed 180 days.
TWO-FAMILY DWELLING (DUPLEX)A building containing two dwelling units, having two side yards and having one partition in common between the two dwelling units. Both dwelling units are located on the same lot.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
A public eating place where food is prepared and sold for
either on-premises or off-premises consumption, with no drive-in or
drive-through service.
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Federal Aviation Administration of the United States Department
of Transportation.
One or more persons who live in a dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, group quarters or rooming house.
A farmstead occupation including the provision of services
or production and sale by persons in residence, of incidental agricultural
goods, supplies, repairs and traditional trades, arts and crafts,
and may include farm tours; petting, feeding, and viewing of farm
animals; hayrides; annual festivals; crop mazes; animal walks; and
horse and pony rides. This definition does not include sawmill operations.
Any parcel or parcels of land which are used for a principal
agricultural use, including an associated single-family dwelling and
other necessary farm structures within the prescribed limits and the
use, repair, maintenance and storage of equipment customarily incidental
to the primary use.
A commercial enterprise consisting of one or more buildings,
structures or portions of buildings or structures, either permanent
or temporary, used primarily for the retail sale of agricultural goods
produced on farms within the farming community as defined herein,
but also may include associated products, including but not limited
to commercially packaged handicrafts and/or processed or packaged
foodstuffs.
For the purposes of this chapter, the farming community shall
include those individuals and businesses associated and affiliated
with farming and agriculture, within, but not limited to, south central
Pennsylvania and northern Maryland.
An establishment involved in the processing and storage of
feed and grain.
The sum of the gross horizontal areas of the several floors
of a building, excluding cellar, basement and attic floor areas not
devoted to the principal use, including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
The sum of the horizontal areas of all rooms used for habitation
such as living room, dining room, kitchen, bathroom, or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, nor unheated areas such as enclosed porches.
Earth-sheltered dwellings, designed as such shall include the aggregate
of area used for habitation as defined above whether or not all or
a portion is below ground level.
A tract of land containing at least 10 acres utilized in
its entirety for the production of forest products and/or the maintenance
of a sanctuary for wildlife (no domestic animals).
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The plane of the facade of the building closest to the street
right-of-way excluding stoops, porticos, open colonnades, and open
porches.
The portion of a lot abutting the street right-of-way.
An establishment used primarily for human funeral services,
which may or may not include facilities on the premises for embalming,
performance of autopsies or other surgical procedures, storage of
funeral-related supplies and vehicles, and sale of funeral equipment
as an accessory activity. Does not include facilities for cremation.
A garage having its vehicular entry door facing the street.
An accessory building for the storage only of one or more
automobiles and/or vehicles accessory and incidental to the primary
use of the premises, provided that no business, occupation, or service
is conducted for profit therein.
A garage having its vehicular entry door facing an alley
or rear lane.
A garage having its vehicular entry door facing the side
yard.
Any use of land, unenclosed, except for fencing, for the
raising of grass, flowers, vegetables, crops, trees, or other botanical
objects of natural growth, generally for the use and/or consumption
by the occupants of the premises, but not including accessory structures
used for the same purpose.
An area of land, publicly or privately owned, designed for
playing the game of golf, including clubhouse, equipment and material
storage and driving ranges.
An area of greenway land, surrounded by streets on at least
two and often three or four sides, around which dwellings are organized.
A use primarily involved in horticulture which includes the
sale of plants grown on the premises and related goods and materials,
as well as the storage of equipment customarily incidental and accessory
to the primary use.
A parcel or parcels of land and/or water, within a conservation
subdivision, set aside for the protection of natural and cultural
resources. "Greenway land" consists of primary and secondary conservation
areas and is permanently restricted against further development. The
terms "greenway" and "greenway land" are synonymous.
A room which is intended, arranged or designed to be occupied
or which is occupied by one or more guests, but in which no provision
is made for cooking. Guest rooms shall be within or attached to the
principal residence and shall be a part of the residential utility
(sewer, electric, etc.) service line.
A dwelling for the transitional institutionalized supervision
of individuals who are involved in drug or alcohol rehabilitation
and/or individuals who have violated the law and who are sent to a
halfway house upon release from, or in lieu of being sent to, a penal
institution.
The storage, sales and/or service of a moveable or transportable
vehicles or other apparatus commonly used in commercial, industrial
or construction enterprises, including, but not limited to, trucks,
trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, etc.,
having a gross weight of 4.5 tons or more.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
For the purpose of airport zoning determining the height
limits in all zones set forth in this chapter and shown on the Zoning
Map, the datum shall be mean sea level elevation unless otherwise
specified. All other references to height shall carry its customary
meaning.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A business or commercial activity other than a no-impact
home-based business that is conducted as an accessory use to a principal
dwelling.
NO-IMPACT HOME OCCUPATION OR PROFESSIONA business activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick-up, delivery or removal functions to or from the premises, in excess of those normally associated with the residential use.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community owned property. This term is
synonymous with "property owners' association."
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[8] is derived from the horizontal surface.
A place for the diagnosis, treatment, or other care of humans
and having facilities for in-patient care including such establishments
as a sanitarium, sanatorium, or preventorium.
A building wherein persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purpose including
rectories, convents and church-related schools and day-care facilities.
Includes synagogue, temple, mosque, or other such place for worship
and religious activities.
Small, domestic animals that are customarily kept in the
house or residential yard for the company or enjoyment of the owner,
such as, but not limited to, dogs, cats, rabbits, birds, rodents,
fish and other such animals that pose no threat, harm or disturbance
to neighboring residents or properties. "Household pets" should not
be considered "livestock."
Those paved surfaces that do not absorb precipitation. Areas
including, but not limited to, parking areas, driveways, roads, sidewalks,
patios and any similar areas of concrete, brick, stone or asphalt
shall be considered impervious surface. In addition, all buildings
and structures shall be considered as impervious surfaces for computation
of lot coverage.
Enterprises in which goods are generally mass produced from
raw materials on a large scale through use of an assembly line or
similar process, usually for sale to, wholesalers or other industrial
or manufacturing uses. Uses include, but are not limited to those
involving manufacturing; processing; packaging; printing, publishing
and binding; production; testing of materials, goods and products;
conversion and assembly; industrial laundries; repair of large appliances
and equipment; machine shops, and welding shops.
A tract of land.
Organized and laid out in accordance with an overall plan for
a community of industries including the servicing of these industries;
and
Designed to ensure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
setbacks, and use requirements.
Predominantly nonnative tree, shrub, vine, or herbaceous
species that grow or reproduce aggressively, usually because they
have few or no natural predators, and which can so dominate that they
out-compete many native plant species.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste iron, steel, and other old or scrap ferrous or
nonferrous material, including wrecked, ruined, dismantled, abandoned,
nonoperable, disabled or junked motor vehicles or parts thereof, or
motor vehicles no longer used as such.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any automobile, construction equipment, motorcycle, truck,
or vehicle that is wrecked, or inoperable, partially or wholly dismantled
of any motor, drive train, window, door, fender, hood, trunk lid,
grill, wheel or bumper.
Yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing "junk" as defined herein, upon which
principally occurs one or more acts of buying, keeping, dismantling,
processing, recycling, salvaging, selling or offering for sale, any
such junk, in whole units or by parts for a business or commercial
purpose, or for the storage of six or more junked motor vehicles outside
of any building or enclosure, but shall not include a transfer station
or a recycling center.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any building or buildings and/or land used for the sheltering,
boarding, breeding or training of six or more dogs, cats, fowl or
other small domestic animals at least four months of age and kept
for purposes of profit, but not to include riding academy, or livestock,
animals and fowl raised for agricultural purposes. A kennel operation
may include accessory uses such as animal grooming.
Any activity which exposes soil, alters topography and/or
alters woody vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
For purposes of this chapter, land shall be considered of
low quality for agricultural use if:
The land is in soil capability Classes IV through VIII as defined
by the most recent edition of the United States Department of Agriculture
Natural Resources Conservation Service York County Soil Survey; or
The land cannot be feasibly farmed due to:
The existing features of the sites such as rock outcroppings,
rock too close to the surface to permit plowing, swamps, the fact
that the area is heavily wooded, or the fact that the slope of the
area exceeds 15%; or
The fact that the shape of the area suitable for farming is
insufficient to permit use of farm machinery.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
Large animals, including, but not necessarily limited to,
the following: horses, ponies, donkeys, mules, cattle, sheep, goats
or swine but also includes poultry. "Livestock" shall not be considered
"household pets."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot abutting upon two streets at their intersection.
DOUBLE FRONTAGE LOTA lot fronting on two streets, or other than a corner lot.
REVERSE FRONTAGE LOTA lot extending between and having frontage on a minor street and either an arterial or a collector street with vehicular access solely from the minor street.
TRIPLE FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage.
The area contained within the property lines of an individual
parcel of land as shown on a land development plan, excluding any
area within a street right-of-way, but including the area of any easement.
A percentage which when multiplied by the lot area will determine
the permitted area that can be covered with an impervious surface.
The lines bounding a lot as described in the recorded title.
Also referred to as "property lines."
A lot which has been recorded in the office of the York County
Recorder of Deeds.
For lots having radial side property lines and at least 50
feet of public road frontage (as measured along the street line) the
distance between the side property lines as measured along a uniform
building setback line; for corner lots, the distance between a side
or rear property line and a front property line as measured along
a continuous minimum building setback line; for all other lots, the
distance between the side property lines as measured along a continuous
minimum building setback line.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A street or highway designated in the Lower Windsor Township
Comprehensive Plan as an existing or planned arterial or collector
street.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
A facility providing a boat dock and launch and which may
include facilities for renting, storing, servicing, fueling, berthing
and securing boats as well as eating and retail facilities and the
sale of fuel.
A commercial establishment or use primarily engaged in the
sale, rental, repair and/or sale of boats and marine vessels.
The maximum density of residential and/or nonresidential
development permitted on a parcel of land. (See "base density" and
"density.")
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
The searching for or removal of rock, soil or mineral from
the earth by excavating, stripping, mining, leveling, or any other
process, but exclusive of excavations or grading involved in the construction
of a building. Also includes any processing operations in connection
with the above activities.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
A facility providing for the enclosed storage of household
items, recreational equipment and/or classic or antique automobiles
where said items are retained for direct use by their owner who shall
have direct access thereto without intermediate handling by the proprietor
of the facility.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
An open lot for the retail sale and outdoor display of new
or used mobile homes.
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients including auto courts, motor
lodges and similar establishments.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968 P.L. 805, No. 247, as reenacted and amended.[9]
A multifamily dwelling constructed by converting an existing
building into more than two dwelling units, without substantially
altering the exterior of the building.
An accessory use to a principal single-family detached dwelling
that is not contained upon a farm, whereupon livestock as defined
herein, are kept for noncommercial and domestic use exclusively by
the residents of the site.
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 zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or any amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of this chapter
or amendment or prior to the application of this chapter or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use or extent of use provisions in this
chapter or any amendment heretofore or hereafter enacted, where such
use was lawfully in existence prior to the enactment of this chapter
or amendment, or prior to the application of this chapter or amendment
to its location by reason of annexation.
A use, structure, lot or dimension in conflict with the regulations
of this chapter,
An educational, religious or charitable use which qualifies
as "nonprofit" under § 501-C of the Internal Revenue Service
Code.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
The point on the bank of a stream or watercourse where the
presence and/or action of surface water is so continuous as to leave
a distinctive mark by erosion, destruction of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
The use of land for archery or the discharge of firearms
using live ammunition, including but not limited to target, silhouette,
skeet, trap, black powder, self-defense or similar recreational and/or
professional shooting activities.
The owner of record of a parcel of land.
Pennsylvania Department of Environmental Protection.
Pennsylvania Public Utility Commission.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land separated by an existing state
or Township road shall be considered contiguous.
Any area that is predominately open space, principally for
active or passive outdoor recreation which is open to the public.
A park may include amenities such as ball fields, tennis courts, trails,
restrooms, picnic tables, cooking grills and similar facilities. A
park shall not include improvements for or permit campsites, motorized
recreation, such as go-carts or arcade games, carnival rides or similar
activities.
A building where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
Pennsylvania Department of Transportation.
Personal service businesses shall include barber and beauty
shops; self-service laundry and dry-cleaning establishments; laundromats;
radio and television repair; repair shops for home appliances, tools,
bicycles, guns, locks, shoes and watches; tailor and dressmaking shops,
pet grooming shop or any other establishment of similar nature providing
personalized service to customers.
A map, plan or layout showing the subdivision of land or
land development, whether preliminary or final, and indicating the
location and boundaries of individual properties.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
See "conservation areas, primary."
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1,[10] is derived from the primary surface.
Land used for agricultural purposes that contains prime agricultural
soils.
Soils of the first, second or third class as defined by the
most recent edition of the United States Department of Agriculture
Natural Resources Conservation Service York County Soil Survey.
A building in which is conducted the principal use of the
lot on which it is located.
Not publicly owned, operated or controlled.
A function which involves only the cleaning, sorting, sizing,
packaging or any combination thereof, of products and materials.
An establishment for professional, executive and administrative
offices which generally operates on an appointment basis. Business
offices shall include advertising agencies, opticians' offices, personnel
agencies, and travel and ticket agencies. Professional offices shall
include offices of accountants, actuaries, architects, attorneys,
clergy, dentists, designers, engineers, insurance and bonding agents,
manufacturing representatives, physicians, real estate agents, teachers,
and miscellaneous consulting services. Also included are offices of
a bank, savings and loan association, credit or loan company, collection
agency, or stock and bond broker.
Owned, operated, or controlled by a government agency (federal,
state, county or municipal - Including a corporation created by law
for the performance of certain specialized governmental functions
and the Board of Public Education).
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the MPC.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An office of a governmental agency, social service organization,
Magisterial District Judge, notary, public or private utility or political
organization.
A municipal sanitary sewer system, or a comparable common
or package sanitary facility, approved and permitted by the Pennsylvania
Department of Environmental Protection.
The provision of electric, gas, oil or telecommunications
service, generation, distribution or transmission by a person corporation
or other entity regulated by the Pennsylvania Public Utility Commission.
As used in this chapter, "public utility" shall not include a person,
corporation or other entity providing sanitary sewer service or water
service.
A municipal water supply system, or a comparable public water
facility, approved and permitted by the Pennsylvania Department of
Environmental Protection.
A line that both:
A zoning district in which development rights transferred
from a sending area are permitted to be used.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or temporary living purposes. A "recreational
vehicle" shall include motor home, travel trailer, camper, snowmobile,
golf cart, three- or four-wheel all-terrain vehicle, trail/dirt bike,
boat, airplane or other similar vehicle.
This use includes facilities for basic and applied laboratory
research or experimental study, testing or analysis in the natural
sciences, including educational activities incidental or accessory
to such research. This use shall include, but not be limited to, biotechnology,
pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers,
fabrics, films, heat transfers, and radiation research, but not facilities
for the manufacture or sale of products, except those incidental to
research activities. This use shall not require the use of heavy equipment
(such as construction equipment) and shall be free of dust, smoke,
fumes, odors or unusual vibrations and noise.
A tract of land -
Organized and laid out in accordance with an overall plan for
a community of research and development laboratories; and
Designed to ensure compatibility between the research and development
operations in the park and the surrounding area through such devices
as landscaping, architectural control, setbacks, and use requirements.
A facility or land area that is used for any one or a combination
of the following use types:
INCINERATORA facility designed to reduce the municipal solid waste stream by combustion. This use may or may not include heat exchange equipment for energy recovery.
MATERIAL SEPARATION and/or REFUSE DERIVED FUEL (RDF) FACILITYThe extraction of materials from the municipal waste stream for recycling or for use as refuse derived fuel (RDF).
RECYCLING FACILITYA business that accumulates material such as paper, glass, aluminum, and/or plastic that is no longer useful for its intended purpose or function, but can be reused to manufacture a new product.
SOLID WASTE TRANSFER FACILITYA facility or station where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A transfer facility may include the separation and collection of material for the purpose of recycling.
Resources consisting of one-hundred-year floodplain (including
the floodway), wetlands and prohibitive steep slopes (above 25%).
In conservation subdivisions, all lands containing primary resources
are called "primary conservation areas."
All natural or cultural features outside primary conservation areas that are worthy of conservation by inclusion in greenway land. See a prioritized list of such features in § 410-22F of Chapter 410, Subdivision and Land Development. Lands containing secondary resources that are conserved are called "secondary conservation areas."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products are not included herein and are permitted only as provided
in other appropriate sections of this chapter.
Among the uses not to be interpreted as a retail store or shop
are uses specifically provided for elsewhere in this chapter, including,
but not limited to, vehicle fueling station, vehicle sales or rental
facility, eating establishment, tavern, adult regulated facility,
motel and hotel, services, and heavy equipment sales.
An establishment where horses are kept for riding or driving,
or are stabled for compensation. It may be established as a principal
use or as an accessory use incidental to the operation of any club,
association, or similar establishment. Riding academies or boarding
stables may include indoor and/or outdoor riding rings, paddock, and
other buildings and structures accessory and incidental to the principal
use.
A right of passage across land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, shade
trees, or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established. For the purpose
of this chapter, also includes easements.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
The provision of sewage collection, disposal and/or treatment
by a municipality, municipal authority, homeowners' association or
a person, corporation or other entity regulated by the Pennsylvania
Public Utility Commission, to two or more residential users in the
Residential or Village Districts, or one or more commercial or industrial
user.
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
A principal use consisting of a building, structure, or area
where timber is cut, sawed or planed, either to finished lumber, or
as an intermediary step and may include facilities for the kiln drying
of lumber and may include the distribution of such products on a wholesale
or retail basis. The processing of timber may be from the property
on which it is located, from adjoining property or from other properties
removed from the sawmill.
An educational facility operated as a gainful business whereby
some form of instruction or training is offered to those enrolled.
The range of curriculum can include all levels of academic instruction,
business and technical programs and artistic, dance, and musical training.
"Commercial schools" are principal uses that are neither home occupations
nor day-care operations.
A facility, either public or private, offering instruction
in any branch of knowledge under the supervision of the Commonwealth
of Pennsylvania or a lawfully constituted ecclesiastical governing
body, person, partnership or corporation meeting the requirements
of the Commonwealth of Pennsylvania.
Evergreen and/or deciduous trees and bushes, walls, fences
or earth berms of sufficient height and density to conceal from the
view of property owners in adjoining districts, or on adjoining lots,
the structures and uses on the premises on which the screen planting
is located. Plantings, including trees and shrubs, are typical of
species and varieties native and/or grown in climatic conditions similar
to local climatic conditions.
See "conservation areas, secondary."
A zoning district containing the land-based resource which
the transfer of development rights program is designed to protect
and from which development rights will be transferred or "sent."
The prescribed open area on a lot, unobstructed from the ground upward, except as modified in § 470-25 of this chapter.
FRONT SETBACKThe required minimum distance between the street right-of-way line and the minimum required front setback line projected the full width of the lot.
REAR SETBACKThe required minimum distance between the rear lot line and the minimum required rear setback line projected the full width of the lot.
SIDE SETBACKThe required minimum distance between the side lot lines projected from the minimum required front setback line to the minimum required rear setback line.
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
A method of sewage disposal whereby sewage effluent is collected
in a sealed tank or containment vessel and subsequently pumped out
and transported to an appropriate Pennsylvania Department of Environmental
Protection approved sewage treatment or disposal facility by a licensed
operator.
Sewage pump and haul by a licensed pump and haul operator,
for a period not to exceed 60 days, from an existing, malfunctioning
septic system in need of immediate repair.
Sewage pump and haul for more than two years to one existing
single-family residence or a commercial establishment where no other
sewage disposal method is feasible.
Sewage pump and haul for two years or less to one or more
residential structures during the construction of a sanitary sewer
treatment facility which will provide permanent sanitary sewage treatment.
Financial security as determined by the Township Engineer shall be
in place to cover the costs of such interim sewage disposal. Temporary
sewage pump and haul operation may be permitted to become the permanent
method of sewage disposal only with approval as a permanent sewage
pump and haul.
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
analingus or physical contact with a person's nude or partially denuded
genitals, pubic area, perineum, anal region, or, if such person be
female, a breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernible turgid state; the postpubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
Where day/night or weekday/holiday schedules allow for the
use of off-street parking spaces by more than one user. Where persons
using the spaces are unlikely to need the spaces at the same time
such as with meeting halls and houses of worship.
A group of stores planned and designed to function as a unit
for the site on which it is located with off-street parking and landscaping
provided as an integral part of the unit.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
The classifications used in this chapter are defined in the
most recent edition of the United States Department of Agriculture
Natural Resources Conservation Service York County Soil Survey. Class
I shall be considered the highest classification and Class VIII shall
be considered the lowest classification. Unless otherwise specified,
differentiation between prime agricultural soils and nonprime agricultural
soils shall be sufficient soil classification under this chapter,
prime agricultural soils shall be considered a higher classification
than nonprime agricultural soils.
The most recent edition of the United States Department of
Agriculture Natural Resources Conservation Service York County Soil
Survey.
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid waste materials, resulting from
municipal, industrial, commercial, agricultural and residential activities.
Such wastes shall not include biological excrements or hazardous waste
materials as defined in the Municipal Waste Planning, Recycling and
Waste Reduction Act, Act 101 of 1988,[12] and 25 Pa. Code Ch. 273, as amended, supplemented or revised.
A property or facility, licensed and approved by the Pennsylvania
Department of Environmental Protection, for the disposal or storage
of solid waste material, including garbage, refuse and other discarded
materials including, but not limited to, solid and liquid waste materials,
resulting from municipal, industrial, commercial, agricultural and
residential activities. Such wastes shall not include biological excrements
or hazardous waste materials as defined in the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act 101 of 1988,[13] and 25 Pa. Code Chapter 273, as amended, supplemented
or revised. The term "solid waste processing facility" includes any
appurtenance that supports the operation of the facility, including
haul roads, structures or stormwater management facilities.
The granting of the right to use land as authorized by the
Zoning Hearing Board under the terms, procedures and conditions prescribed
herein.
A unique, rare, or otherwise specifically selected tree or plant
considered worthy of conservation by the municipality, because of
its species, size, age, shape, form, historical importance, or any
other significant characteristics, including listing as a Species
of Special Concern by the Commonwealth of Pennsylvania. All healthy
trees over 20 inches dbh are considered specimen.
Noninvasive trees having a dbh 20 inches or greater, are considered
specimen, except as otherwise specified in the following table.
|
Species
|
Min. Size
(dbh)
|
|---|---|
|
Ash
|
32 inches
|
|
Beech
|
32 inches
|
|
Cherry
|
24 inches
|
|
Elm
|
30 inches
|
|
Hemlock
|
30 inches
|
|
Locust
|
30 inches
|
|
Maple
|
32 inches
|
|
Oak
|
32 inches
|
|
Osage Orange
|
20 inches
|
|
Pine
|
30 inches
|
|
Sassafras
|
20 inches
|
|
Spruce
|
30 inches
|
|
Sycamore
|
36 inches
|
|
Tulip Tree
|
36 inches
|
|
Walnut
|
30 inches
|
|
Hickory
|
32 inches
|
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. Slope shall
be measured over three consecutive two-foot contour intervals (six
cumulative vertical feet of slope). All slope measurements shall be
determined by a topographic survey signed and sealed by a registered
surveyor or engineer licensed to practice in Pennsylvania.
A use whereby livestock are kept temporarily until slaughtered
or shipped elsewhere.
A function involving the deposition of materials, goods,
products, or any combination thereof, for safekeeping.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between any floor
and the ceiling next above it.
HALF STORYA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.
Naturally occurring bodies of surface water, flowing in defined
beds or channels shown on the Zoning Map.[14] Flow may be either continuous, or only during wet periods.
A public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other dedicated and accepted public right-of-way
or private right-of-way.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, access drives, walkways and parking areas or other
at-grade structures. All structures must meet setback requirements.
(See "building.")
ACCESSORY STRUCTUREA subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
PRINCIPAL STRUCTUREA structure which is directly involved in the principal use of the lot on which said structure is located.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, that increases the total square footage of the structure
by 50% or more, or the cost of which equals or exceeds 50% of the
market value of the structure before the "start of construction" of
the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.[15]
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.
The scene terminating the view down a road or street, as
at an intersection or on the outside of a curve.
Lower Windsor Township.
An area of land which may comprise the entire area or subpart
of a parcel. Individual "tracts" within a parcel of land shall not
be constituted separate lots for the purpose of construction, permitting,
or for the purposes of this chapter. Such tracts contained within
parcels shall be considered descriptive only.
The gross tract area minus the constrained land.
The total amount of land contained within the limits of the
legally described property lines bounding the tract.
The relocation of development rights for specified lands
which are desired by the Township to be kept undeveloped, but permitting
those rights to be transferred from these lands so that the development
potential which they represent may occur on other lands within the
Township where more intensive development is deemed to be appropriate.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1,[16] is derived from the transitional surface.
Any object of natural growth.
An area or building that is the origin and/or destination
point of short- and long-distance hauling and/or is used for the purpose
of storing, transferring, loading and unloading, in addition to truck
parking.
A two-family dwelling constructed by converting an existing
building into two units, without substantially altering the exterior
of the building.
The specific purpose for which land, a building or a structure
is designed, arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use and shall be subject to provisions of Article IX of this chapter.
PRINCIPAL USEThe main or primary use of property, buildings or structures. Unless specifically noted otherwise, only one use permitted by right, or by special exception, shall be permitted as a principal use on an individual lot.
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of this chapter which,
if strictly adhered to, would result in an unnecessary hardship, and
where the permission granted would not be contrary to the public interest
and would maintain the spirit and intent of this chapter.
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 sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicle sales or rental or vehicle washing
facility.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, recreational vehicles and similar vehicles.
An open lot for the outdoor display of new or used automobiles,
recreational vehicles and similar vehicles when accessory to a vehicle
sales, rental or display building.
A building on a lot, designed and used primarily for the
washing and polishing of vehicles and which may provide accessory
services related to washing and polishing.
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of equipment and merchandise.
The provision of drinking water by a municipality, municipal
authority, homeowners' association or a person, corporation or other
entity regulated by the Pennsylvania Public Utility Commission, to
two or more residential users in the Residential or Village Districts,
or one or more commercial or industrial user.
The docking, mooring, berthing, or other securing of a watercraft
to a pier, wharf, dock, piling, buoy or similar facility (does not
include temporary docking.)
Areas that are inundated and saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs, and similar areas. Any area meeting the official wetland definition
of the U.S. Army Corps of Engineers or the Pennsylvania Department
of Environmental Protection, as amended, shall be considered a wetland
for the purposes of this chapter. In the event the definition of "wetland"
accepted by the U.S. Army Corps of Engineers conflicts with the definition
of a "wetland" accepted by the Pennsylvania Department of Environmental
Protection, the more restrictive definition shall apply.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional
and commercial users mainly for resale or business use. Such commodities
shall be limited to durable goods, sundries, dry goods and nonperishable
items.
Facility that auctions motor vehicles to automobile dealers
and not to the general public.
Any activity that 1) alters the existing structure of a woodland
or hedgerow, including the cutting or removal of canopy trees, sub-canopy
trees, understory shrubs and vines, and herbaceous woodland floor
species; 2) constitutes a land disturbance within a woodland or hedgerow.
"Woodland disturbance" does not include the selective cutting or removal
of invasive plant species. (See "invasive plant species.")
A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (larger than 12 inches dbh) covering an area
of 1/4 acre or more, or consisting of 10 individual trees larger than
six inches dbh, shall be considered a "woodland." The extent of any
woodland plant community or any part thereof shall be measured from
the outermost dripline of all the trees in the plant community.
The horizontal distance between a structure and a property
or street line.
FRONT YARDAn area bounded by the street right-of-way line, front wall of the principal building and side property lines. However, on a corner lot, the second front yard shall be an area bounded by the street right-of-way lines, sidewall of the principal building and rear property line.
REAR YARDAn area bounded by the rear property line (or street right-of-way line in the case of reverse frontage or double frontage lots), rear wall of the principal building and side property lines. On corner lots, the rear yard shall be considered that area bounded by the rear wall of the principal building, the property line directly opposite the street of address, the side property line and the sidewall of the principal building facing the street of non-address.
SIDE YARDAn area bounded by a side property line and the front, rear and sidewalls of the principal building. On corner lots, the side yard shall be considered the area bounded by the sidewall of the principal building, the property line opposite the street of non-address and the front and rear walls of the principal building.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
[1]
Editor's Note: See 4 Pa.C.S.A. § 1101 et seq.
[2]
Editor's Note: See 10 P.S. § 328.101 et seq.
[3]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[4]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[5]
Editor's Note: Said figure is included as an attachment to this chapter.
[6]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[7]
Editor's Note: Said figure is included as an attachment to this chapter.
[8]
Editor's Note: Said figure is included as an attachment to this chapter.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: Said figure is included as an attachment to this chapter.
[12]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[13]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[14]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[15]
Editor's Note: Former definition of "swimming pool," which
immediately followed this definition, was repealed 9-11-2014 by Ord.
No. 2014-01.
[16]
Editor's Note: Said figure is included as an attachment to this chapter.
