For the purposes of this chapter, the following words and phrases have the meaning given herein:
ACCESS DRIVEA 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.
ADULT REGULATED FACILITYAn 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:
A. 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.
B. 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.
C. ADULT GAMBLING AND GAMINGAn establishment or facility in which gambling or gaming is conducted, including those activities permitted under Act 2004-71 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.
D. 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.
E. 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.
AGRICULTURAL EQUIPMENT/MACHINERY SALES, SERVICEA 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.
AGRICULTURAL ROADSIDE STANDA principal or accessory structure constructed primarily for retail sale of agricultural products such as fresh fruits, vegetables, herbs or plants during the harvesting season.
B. 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.
AGRICULTUREAn 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.
AGRITAINMENTThe 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)]
AGRITOURISMTourism 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)]
AIRPORT ELEVATIONThe 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)]
AIRPORT HAZARDAny 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.
AIRPORT HAZARD AREAAny 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).
AIRPORT/AIRSTRIPFacilities for the storage, maintenance, takeoff and landing of fixed wing, motorized aircraft.
ALTERATIONSAs 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.
ALTERATIONS, STRUCTURALAny change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
ALTERNATIVE ENERGY SYSTEMFor 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.
AMENDMENTA change which includes revisions to the zoning text and/or the Official Zoning Map. The authority for any amendment lies solely with the Board of Supervisors.
ANIMAL HOSPITAL OR VETERINARY CLINICAn 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.
APPLICANTAny 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.
APPROACH SURFACE (ZONE)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, is derived from the approach surface.
AUTOMOBILEA 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.
BASE DENSITY(See "density" and "maximum development density.")
A. 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
B. In the receiving area. Density of residential and/or nonresidential development permitted on a parcel of land without the application of transferred development rights.
BASEMENTA 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.
BED-AND-BREAKFAST INNAn 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.
BOARDINGHOUSE or ROOMING HOUSEA 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.
BOAT LAUNCHING FACILITYAn area of land, structure or facility to launch and retrieve recreational boats from a trailer.
BOAT STORAGE FACILITYAny area of land or any structure principally used for the permanent or temporary storage of boats for financial gain.
BUFFERA naturally vegetated or re-vegetated area established or managed to protect structures and aquatic, wetland, shoreline, and terrestrial environments.
BUILDINGAny 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.")
A. 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.
D. PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
BUILDING AREAThe total area taken on a horizontal plane at the mean level of the ground surrounding the principal building and all accessory buildings.
BUILDING HEIGHTA building's vertical measurement, from the average ground level at the corners of the building to the highest point of the roof.
BUILDING LINEA line parallel to the front, side, or rear lot line set so as to provide the required yard.
CALIPERThe 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.
CAMPGROUNDA 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.
CAMPSITEA plot of ground within a campground intended for occupancy by a recreational vehicle or tent.
CARE FACILITIESEstablishments 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.
A. 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.
B. 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."
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
CARPORTAn accessory structure not totally enclosed which is primarily designed or used for parking automobiles.
CELLARA 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.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums or mausoleums.
CERTIFICATE OF USE AND/OR OCCUPANCYA 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.
CLUB ROOM, CLUB GROUNDS, or MEETING HALLPremises 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.
COMMERCIAL RECREATIONAny 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:
A. 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.
B. 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.
COMMON FACILITIESAll 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.
COMMON OPEN SPACEA 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 FACILITIESCommunication antennas, buildings, structures and towers associated with the communications industry, including wireless towers and antennas, and in accordance with the following definitions.
A. 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.
B. 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.
C. HEIGHT OF COMMUNICATIONS TOWERThe vertical distance measured from ground level to the highest point on a communications tower, including antennas mounted on the tower.
D. 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.
COMMUNITY ASSOCIATIONA 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.
COMPREHENSIVE PLANThe most recently adopted version of the Official Comprehensive Plan, Lower Windsor Township, York County, PA, including any amendments.
CONDOMINIUMReal 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.
CONICAL SURFACE (ZONE)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, is based on the conical surface.
CONSERVANCY LOTA 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.
CONSERVATION AREAS, PRIMARY (PCA)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.
CONSTRAINED LANDSelected resources listed in this chapter, multiplied by a protection factor and totalled.
CONVENIENCE STOREAn 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.
COTTAGE INDUSTRYAn 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.
CREMATORIUMA building containing a furnace for reducing dead bodies, either animal or human, to ashes by burning.
DBH (DIAMETER AT BREAST HEIGHT)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).
DECLARATION OF RESTRICTION OF DEVELOPMENTA 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.")
DEED OF TRANSFER OF DEVELOPMENT RIGHTSA 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.")
DENSITY(See "base density" and "maximum development density.")
A. The number of development rights per acre of adjusted tract (See "tract area, adjusted.); or
B. The number of dwelling units per acre of adjusted tract area. (See "tract area, adjusted.")
DEVELOPMENT RIGHTThe 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:
A. Each one new lot created after the effective date of this chapter upon which:
(1) One dwelling unit may be built; or
(2) Five thousand square feet or portion thereof of gross floor area for new principal nonresidential and/or nonagricultural structures or uses may be built; or:
B. Each one new principal structure or use created after the effective date of this chapter upon and not separated from a parent parcel existing before the effective date of this chapter equal to:
(2) Five thousand square feet or portion thereof of gross floor area for principal nonresidential and/or nonagricultural structures or uses.
DRIVE-IN OR DRIVE-THROUGH BUSINESSA 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.
DRIVEWAYA 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.")
DWELLINGA 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.
B. 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.
C. 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.
D. 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.
E. 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.
G. 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.
H. 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.
I. 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.
J. 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.
DWELLING UNITOne or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
EATING ESTABLISHMENTA 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.
ELECTRONIC NOTICENotice 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)]
FAAFederal Aviation Administration of the United States Department of Transportation.
FAMILYOne 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.
FAMILY FARM SUPPORT BUSINESSA 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.
FARMAny 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.
FARM MARKETA 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.
FARMING COMMUNITYFor 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.
FLOOR AREA OF A BUILDING, GROSSThe 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.
FLOOR AREA, HABITABLEThe 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.
FOREST AND WILDLIFE PRESERVEA 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).
FORESTRYThe 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.
FRONT FACADEThe plane of the facade of the building closest to the street right-of-way excluding stoops, porticos, open colonnades, and open porches.
FRONTAGEThe portion of a lot abutting the street right-of-way.
FUNERAL HOMEAn 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.
GARAGE, PRIVATEAn 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.
GARDENING, CROPSAny 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.
GOLF COURSEAn area of land, publicly or privately owned, designed for playing the game of golf, including clubhouse, equipment and material storage and driving ranges.
GREEN, COMMONAn area of greenway land, surrounded by streets on at least two and often three or four sides, around which dwellings are organized.
GREENHOUSE or HORTICULTURAL NURSERYA 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.
GREENWAY LANDA 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.
GUEST ROOMA 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.
HALFWAY HOUSEA 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.
HEAVY EQUIPMENT STORAGE, SALES AND/OR SERVICE FACILITYThe 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.
HEDGEROWA 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).
HEIGHTFor 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.
HISTORIC RESOURCEAny structure that is:
A. 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;
B. 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;
C. 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
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without an approved program.
HOME OCCUPATION OR PROFESSIONA business or commercial activity other than a no-impact home-based business that is conducted as an accessory use to a principal dwelling.
A. 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.
HOMEOWNERS' ASSOCIATIONA 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."
HORIZONTAL SURFACE (ZONE)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, is derived from the horizontal surface.
HOSPITALA 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.
HOUSE OF WORSHIPA 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.
HOUSEHOLD PETSSmall, 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."
IMPERVIOUS SURFACEThose 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.
INDUSTRIAL ACTIVITIESEnterprises 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.
INDUSTRIAL PARKA tract of land.
A. Organized and laid out in accordance with an overall plan for a community of industries including the servicing of these industries; and
B. Designed to ensure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, setbacks, and use requirements.
INVASIVE PLANT SPECIESPredominantly 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.
JUNKScrap, 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)]
JUNK VEHICLEAny 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.
JUNKYARD or SALVAGE YARDYard, 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)]
KENNELAny 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.
LAND DISTURBANCEAny activity which exposes soil, alters topography and/or alters woody vegetation, except for removal of a safety hazard, diseased trees, or invasive vegetation.
LAND OF LOW QUALITY FOR AGRICULTURAL USEFor purposes of this chapter, land shall be considered of low quality for agricultural use if:
A. 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
B. The land cannot be feasibly farmed due to:
(1) 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
(2) The fact that the shape of the area suitable for farming is insufficient to permit use of farm machinery.
LANDOWNERThe 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.
LIVESTOCKLarge 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."
LOTA 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.
A. CORNER LOTA lot abutting upon two streets at their intersection.
C. 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.
D. 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.
LOT AREAThe 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.
LOT COVERAGE, MAXIMUMA percentage which when multiplied by the lot area will determine the permitted area that can be covered with an impervious surface.
LOT LINESThe lines bounding a lot as described in the recorded title. Also referred to as "property lines."
LOT OF RECORDA lot which has been recorded in the office of the York County Recorder of Deeds.
LOT WIDTHFor 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.
MAILED NOTICENotice 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)]
MAJOR THOROUGHFAREA street or highway designated in the Lower Windsor Township Comprehensive Plan as an existing or planned arterial or collector street.
MANUFACTURINGEstablishments 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.
MARINAA 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.
MAXIMUM DEVELOPMENT DENSITYThe maximum density of residential and/or nonresidential development permitted on a parcel of land. (See "base density" and "density.")
MEDICAL CLINICAny 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.
MINERAL EXTRACTION OR RECOVERY OPERATIONThe 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.
MINERALSAny 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.
MINI STORAGE FACILITYA 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.
MOBILE HOMEA 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.
MOBILE HOME LOTA 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 PARKA 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.
MOTEL or HOTELA 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.
MPCThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968 P.L. 805, No. 247, as reenacted and amended.
MULTIFAMILY RESIDENTIAL CONVERSIONA multifamily dwelling constructed by converting an existing building into more than two dwelling units, without substantially altering the exterior of the building.
NONCOMMERCIAL KEEPING OF ANIMALSAn 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.
NONCONFORMING LOTA 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.
NONCONFORMING STRUCTUREA 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.
NONCONFORMING USEA 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.
NONCONFORMITYA use, structure, lot or dimension in conflict with the regulations of this chapter,
A. Existing on the effective date of this chapter; or
B. Existing at any subsequent amendment of this chapter; or
NONPROFITAn educational, religious or charitable use which qualifies as "nonprofit" under § 501-C of the Internal Revenue Service Code.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
ORDINARY WATERLINEThe 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.
OUTDOOR SHOOTING RANGEThe 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.
OWNERThe owner of record of a parcel of land.
PA DEPPennsylvania Department of Environmental Protection.
PA PUCPennsylvania Public Utility Commission.
PARCELAny 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.
PARKAny 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.
PARKING GARAGEA building where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.
PARKING LOTAn open lot where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and having direct usable access to a street or lane.
PennDOTPennsylvania Department of Transportation.
PERSONAL SERVICE BUSINESSPersonal 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.
PLATA 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.
PRESERVATION OR PROTECTIONWhen 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.
PRIMARY SURFACE (ZONE)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, is derived from the primary surface.
PRIME AGRICULTURAL SOILSSoils 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.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
PRIVATENot publicly owned, operated or controlled.
PROCESSINGA function which involves only the cleaning, sorting, sizing, packaging or any combination thereof, of products and materials.
PROFESSIONAL OR BUSINESS OFFICEAn 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.
PUBLICOwned, 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).
PUBLIC HEARINGA 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.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
PUBLIC NOTICENotice 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.
PUBLIC SERVICES OFFICEAn office of a governmental agency, social service organization, Magisterial District Judge, notary, public or private utility or political organization.
PUBLIC SEWERA municipal sanitary sewer system, or a comparable common or package sanitary facility, approved and permitted by the Pennsylvania Department of Environmental Protection.
PUBLIC UTILITYThe 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.
PUBLIC WATERA municipal water supply system, or a comparable public water facility, approved and permitted by the Pennsylvania Department of Environmental Protection.
RADIAL SIDE PROPERTY LINEA line that both:
A. Defines the side edge of a lot having a curvilinear street line; and
B. Would, if extended through that street line, intersect that street line's radius center point.
RECEIVING AREASA zoning district in which development rights transferred from a sending area are permitted to be used.
RECREATION VEHICLEAny 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.
RESEARCH AND DEVELOPMENT LABORATORYThis 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.
RESEARCH AND DEVELOPMENT PARKA tract of land -
A. Organized and laid out in accordance with an overall plan for a community of research and development laboratories; and
B. 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.
RESOURCE RECOVERY FACILITYA facility or land area that is used for any one or a combination of the following use types:
A. 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.
C. 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.
D. 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, PRIMARYResources 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."
RESOURCES, SECONDARYAll 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)]
RETAIL STORE OR SHOPA. 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.
B. 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.
RIDING ACADEMY (or BOARDING STABLE)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.
RIGHT-OF-WAYA 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.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
SALDOThe latest version of Chapter
410, Subdivision and Land Development, as may be amended.
SANITARY SEWER SERVICEThe 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.
SATELLITE DISH ANTENNAAny accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SAWMILL OPERATIONSA 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.
SCHOOL, COMMERCIALAn 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.
SCHOOL, PUBLIC OR PRIVATEA 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.
SCREEN PLANTING or BUFFEREvergreen 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.
SENDING AREAA 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."
SETBACKThe prescribed open area on a lot, unobstructed from the ground upward, except as modified in §
470-25 of this chapter.
A. 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.
B. REAR SETBACKThe required minimum distance between the rear lot line and the minimum required rear setback line projected the full width of the lot.
C. 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.
SETBACK LINEA 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.
SEWAGE PUMP AND HAULA 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, EMERGENCYSewage 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, PERMANENTSewage 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, TEMPORARYSewage 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.
SEXUAL CONDUCTUltimate 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.
SEXUALLY EXPLICIT NUDITYA 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.
SHARED PARKINGWhere 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.
SHOPPING MALL, CENTER OR PLAZAA 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.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SOIL CLASSIFICATIONThe 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.
SOIL SURVEYThe most recent edition of the United States Department of Agriculture Natural Resources Conservation Service York County Soil Survey.
SOLID WASTEGarbage, 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, and 25 Pa. Code Ch. 273, as amended, supplemented or revised.
SOLID WASTE DISPOSAL AND/OR PROCESSING FACILITYA 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, 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.
SPECIAL EXCEPTIONThe granting of the right to use land as authorized by the Zoning Hearing Board under the terms, procedures and conditions prescribed herein.
SPECIMEN TREEA. 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.
B. 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 |
STEEP SLOPESA. Areas of land, 3,000 square feet or greater, where the grade is 15% or greater. Steep slopes are divided into two categories:
(1) Precautionary slopes are those areas of land where the grade is 15% to 25%.
(2) Prohibitive slopes are those areas of land where the grade is greater than 25%.
B. 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.
STOCKYARDA use whereby livestock are kept temporarily until slaughtered or shipped elsewhere.
STORAGEA function involving the deposition of materials, goods, products, or any combination thereof, for safekeeping.
STORYThat 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.
A. 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.
STREAMSNaturally occurring bodies of surface water, flowing in defined beds or channels shown on the Zoning Map. Flow may be either continuous, or only during wet periods.
STREETA 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.
STREET GRADEThe 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.
STREET LINEA 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."
STRUCTUREAny 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.")
A. ACCESSORY STRUCTUREA subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
B. PRINCIPAL STRUCTUREA structure which is directly involved in the principal use of the lot on which said structure is located.
SUBSTANTIAL ENLARGEMENT OR IMPROVEMENTAny 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.
TAVERNAn 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.
TERMINAL VISTAThe scene terminating the view down a road or street, as at an intersection or on the outside of a curve.
TRACTAn 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.
TRACT AREA, GROSSThe total amount of land contained within the limits of the legally described property lines bounding the tract.
TRANSFER OF DEVELOPMENT RIGHTSThe 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.
TRANSITIONAL SURFACE (ZONE)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, is derived from the transitional surface.
TREEAny object of natural growth.
TRUCK OR MOTOR FREIGHT TERMINALAn 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.
TWO-FAMILY RESIDENTIAL CONVERSIONA two-family dwelling constructed by converting an existing building into two units, without substantially altering the exterior of the building.
UNIQUE NATURAL FEATURES AND RESOURCESA. Lands containing slopes of 25%; or
B. Lands possessing wetlands.
C. Tracts of land traversed by one-hundred-year floodplain and having the potential for water-based recreation opportunities.
USEThe specific purpose for which land, a building or a structure is designed, arranged, intended, occupied or maintained.
A. 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.
B. 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.
VARIANCEThe 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.
VEHICLE FUELING STATIONAny 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.
VEHICLE REPAIR AND SERVICE FACILITYA 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.
VEHICLE SALES OR RENTAL LOTAn 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.
VEHICLE WASHING FACILITYA 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.
WAREHOUSEA building or group of buildings primarily used for the indoor storage, transfer and distribution of equipment and merchandise.
WATER SERVICEThe 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.
WET STORAGEThe docking, mooring, berthing, or other securing of a watercraft to a pier, wharf, dock, piling, buoy or similar facility (does not include temporary docking.)
WETLANDSAreas 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.
WHOLESALE ESTABLISHMENTA 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.
WOODLAND DISTURBANCEAny 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.")
WOODLANDSA 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.
YARDThe horizontal distance between a structure and a property or street line.
A. 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.
B. 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.
C. 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.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.