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Lower Windsor Township
City Zoning Code

ARTICLE III

District Regulations

§ 470-7 Districts; boundaries.

A. 
Establishment of districts. Lower Windsor Township is divided into districts enumerated below and shown on the map entitled "Lower Windsor Township Zoning Map" which the map is part of this chapter.[1]
AG - Agricultural (§ 470-13)
R - Residential (§ 470-14)
V - Village (§ 470-15)
WR - Waterfront Recreation (§ 470-16)
I - Industrial (§ 470-17)
RDO - Restricted Development Overlay (§ 470-18)
HO - Historic Overlay (§ 470-19)
CBDO - Conservation By Design Overlay (§ 470-20)
ADO - Airport District Overlay (§ 470-21)
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
Interpretation of district boundaries. Where uncertainty exists regarding the boundaries of the districts as shown on the map entitled "Lower Windsor Township, York County, Pennsylvania Zoning Map,"[2] the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines.
(6) 
Boundaries indicated as parallel to or extensions of features indicated in Subsection B(1) through (5) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(7) 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by.
(8) 
Subsections B(1) through (6), the Zoning Hearing Board shall interpret the district boundaries.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C. 
Lots split by boundaries of districts. If a lot is split by a district boundary, the minimum lot area and lot width for the zone in which the principal building, structure or use is to be located shall be applicable to the entire lot.

§ 470-8 Permitted uses.

The uses permitted in the districts established by this chapter and the permitted extent of these uses, are as shown in the following Table 470-8 and Articles V and VI. The uses listed as permitted in each district are the only uses permitted in that district. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However,
A. 
Additional general provisions are set forth in Article V.
B. 
Modifications to the use or dimensional requirements are set forth in Article VI.
Table 470-8 Summary of Permitted and Special Exception Uses
Districts
AG - Agricultural
R - Residential
V - Village
WR - Waterfront Recreation
I - Industrial
Use Key
P - Permitted
SE - Permitted by special exception
Use/District
Section
AG
R
V
WR
I
Accessory Garage Apartment or Rental Cottage
§ 470-52
SE
Adult Regulated Facility
§ 470-53
SE
Agricultural Equipment/Machinery Sales and Service
§ 470-54
P
P
Agricultural Roadside Stand, Temporary
§ 470-55
P
P
P
P
P
Agricultural Roadside Stand, Permanent
§ 470-56
P
Agriculture
P
P
P
P
Airport, Airstrip
§ 470-57
SE
SE
Alternative Energy Systems as Accessory Use
§ 470-138
P
P
P
P
P
Alternative Energy Systems as Principal Use
§ 470-138
SE
SE
Alternative Energy Systems - Anaerobic Digester
§ 470-138
SE
SE
Animal Hospital or Veterinary Clinic
§ 470-58
P
P
P
Bed-and-breakfast Inn
§ 470-59
P
P
P
P
Boardinghouse or Rooming House
§ 470-60
SE
SE
Boat Launching Facility
§ 470-61
P
Boat Storage Facility
§ 470-61
P
P
P
Campground
§ 470-62
SE
SE
Care Facilities
Convalescent or Nursing Home
§ 470-63
SE
SE
Day-care Center
§ 470-64
SE
SE
SE
SE
P
Domiciliary Care Home
§ 470-65
P
P
P
P
Family Day-Care Home
§ 470-66
P
P
P
P
Group Day-Care Home
§ 470-66
P
P
SE
P
Group Home
§ 470-67
SE
SE
SE
SE
SE
Personal Care Boarding Home
§ 470-68
SE
P
Cemetery
§ 470-69
SE
SE
SE
SE
SE
Club Room, Club Grounds or Meeting Hall
§ 470-70
P
P
P
P
Commercial Recreational Establishment, Indoor
§ 470-71
P
P
P
Commercial Recreational Establishment, Outdoor
§ 470-72
SE
SE
SE
Communication Facilities
§ 470-73
SE
SE
SE
SE
SE
Conservation By Design
Art. IV
P
P
P
Convenience Store
§ 470-74
P
P
P
Convenience Store (includes Dispensing Fuel)
§ 470-74
SE
SE
Cottage Industry
§ 470-75
P
P
P
P
Crematorium
§ 470-76
SE
Dwelling
Caretaker/Watchman Dwelling
§ 470-77
SE
SE
SE
SE
Group Quarters
§ 470-78
SE
SE
SE
Multifamily Dwelling (3+ DUs on 1 Lot)
§ 470-79
SE
P
SE
Single-Family Attached Dwelling (3+ DUs on 3+ Lots)
§ 470-80
SE
P
SE
Single-Family Detached Dwelling
P
P
P
P
Single-Family Semidetached Dwelling (2 DUs on 2 Lots)
P
P
P
Temporary Housing for Farm Workers
§ 470-81
SE
Temporary Recreational Dwelling
§ 470-82
P
Two-Family Dwelling (2 DUs on 1 Lot)
P
P
P
Drive-In or Drive-Through Business
§ 470-83
P
P
Eating Establishment
§ 470-84
P
P
Family Farm Support Business
§ 470-85
P
Farm Market
§ 470-86
P
P
P
Feed and Grain Mill
§ 470-87
P
P
Forest and Wildlife Preserve
P
P
P
P
P
Forestry
§ 470-88
P
P
P
P
P
Funeral Home
§ 470-89
P
P
Gardening, Crops
P
P
P
P
P
Greenhouse, Horticultural Nursery
§ 470-90
P
P
P
P
Golf Course
§ 470-91
SE
SE
SE
SE
Halfway House
§ 470-92
SE
SE
SE
Heavy Equipment Storage, Sales and/or Service Facility
§ 470-93
P
Home Occupation or Profession
§ 470-94
SE
SE
SE
SE
No Impact Home Occupation or Profession
§ 470-95
P
P
P
P
Hospital
§ 470-96
SE
House of Worship
§ 470-97
P
P
P
P
P
Industrial Activities
§ 470-98
P
Industrial Park
§ 470-99
SE
Junkyard or Salvage Yard
§ 470-100
SE
Kennel
§ 470-101
P
SE
P
Marina
§ 470-61
P
Marine Rental, Sales and/or Service Facility
§ 470-102
P
P
Medical Clinic
§ 470-103
P
P
Mineral Extraction or Recovery Operation
§ 470-104
SE
Mini Storage Facility
§ 470-105
P
P
P
Mobile Home Park
§ 470-106
SE
SE
Mobile Home Sales Lot
§ 470-107
SE
P
Motel or Hotel
§ 470-108
P
P
Multifamily Residential Conversion
§ 470-109
SE
SE
SE
Noncommercial Keeping of Animals
§ 470-110
P
P
P
P
P
Office, Professional or Business
§ 470-111
P
P
P
Outdoor Shooting Range
§ 470-112
SE
SE
Park
§ 470-113
SE
SE
SE
SE
Parking Garage or Parking Lot
§ 470-114
SE
SE
P
Personal Service Business
§ 470-115
P
P
Public Services Office
§ 470-116
SE
SE
P
SE
P
Public Utility
§ 470-117
P
P
P
P
P
Research and Development Laboratory
§ 470-118
SE
SE
Research and Development Park
§ 470-119
SE
P
Resource Recovery Facility
§ 470-126
SE
Retail Store or Shop less than 20,000 square feet
§ 470-120
P
P
SE
Retail Store or Shop more than 20,000 square feet
§ 470-120
SE
Riding Academy, Boarding Stable
§ 470-121
P
P
Sanitary Sewer Service
P
P
P
Sawmill Operation
§ 470-122
SE
P
School
Commercial School
§ 470-123
SE
SE
Public or Private School
§ 470-124
SE
SE
SE
SE
Sewage Pump and Haul, Emergency
P
P
P
P
P
Sewage Pump and Haul, Permanent
§ 470-139
SE
SE
SE
Sewage Pump and Haul, Temporary
P
P
P
Shopping Mall, Center or Plaza
§ 470-125
SE
Solid Waste Disposal and/or Processing Facility
§ 470-126
SE
Stockyard
§ 470-127
SE
SE
Tavern
§ 470-128
SE
SE
SE
Truck or Motor Freight Terminal
§ 470-129
SE
Two-Family Residential Conversion
§ 470-130
SE
P
P
P
Vehicle Fueling Station
§ 470-74
SE
P
Vehicle Sales or Rental Lot
§ 470-131
P
P
Vehicle Repair and Service Facility
§ 470-132
P
P
Vehicle Washing Facility
§ 470-133
P
P
P
Warehouse
§ 470-134
P
Water Service
P
P
P
Wholesale Establishment
§ 470-135
SE
P
Wholesale Vehicle Sales Terminal
§ 470-136
SE
Wireless Communications towers
§ 470-137
SE
SE
Wireless Communications antennas
§ 470-131
SE
SE
SE
SE
SE

§ 470-9 All other uses.

Any use not specifically allowed elsewhere in this chapter shall be allowed by special exception in the district or districts where, and to the extent that, similar uses are permitted or allowed by special exception, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.

§ 470-10 Accessory uses and structures.

Accessory uses, buildings and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses, buildings and structures as set forth in § 470-31.

§ 470-11 Uses with nuisance effect.

In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property.

§ 470-12 District density, dimensional criteria and requirements.

A. 
Table 470-12 lists base density, maximum development density and dimensional criteria for all districts.
B. 
In the Residential, Village and Waterfront Recreation Districts, base density shall be the number of residential dwelling units and/or nonresidential development per acre of adjusted tract area permitted on a parcel of land without the application of transferred development rights.
C. 
Within the Conservation By Design Overlay District, this table applies in full only to those developments consisting of five lots or less; use of Conservation by Design principles is optional for developments of five lots or less. All other development within the Conservation by Design Overlay District shall be governed in all dimensional and use criteria in § 470-25 herein, Conservation By Design.
D. 
Maximum density in excess of base density applies only to developments utilizing transferred development rights in the R, V, and WR Districts.
Table 470-12 District Density, Dimensional Criteria and Requirements
AG
R
V
WR
I
Density:
Base Density
0.5
1.0
2.0
1.0
N/A
Maximum Development Density(a)
0.1
4.0 (see Art. .IV)
6.0 (see Art. .IV)
4.0 (see Art. IV)
N/A
Lot Area:
Single-Family Detached Dwellings
Public Water and Public Sewer
Min 43,560 square feet to Max. 87,120 square feet
Min 10,000 to Max 15,000 square feet
Min 5,000 to Max 10,000 square feet
Min 5,000 to Max 10,000 square feet
Not Permitted(a)
Public Water or Public Sewer
Min 20,000 to Max 30,000 square feet
Min 15,000 to Max 25,000 square feet
Min 15,000 to Max 25,000 square feet
No Public Water or Public Sewer
Min 37,500 to Max 40,000 square feet
Min 37,500 to Max 40,000 square feet
Min 37,500 to Max 40,000 square feet
Single-Family Semidetached and Two-Family Dwellings
Public Water and Public Sewer
Not Permitted
Min 6,000 to Max 12,000 square feet/unit
Min 3,000 to Max 6,000 square feet/unit
Min 3,000 to Max 6,000 square feet/unit
Not Permitted
Public Water or Public Sewer
Min 20,000 to Max 30,000 square feet/unit
Min 15,000 to Max 20,000 square feet/unit
Min 15,000 to Max 20,000 square feet/unit
No Public Water or Public Sewer
Min 37,500 to Max 40,000 square feet/unit
Min 37,500 to Max 40,000 square feet/unit
Min 37,500 to Max 40,000 square feet/unit
Single-Family Attached Dwellings
Public Water and Public Sewer
Not Permitted
Min. 2,000 square feet/unit
Min. 2,000 square feet/unit
Min. 2,000 square feet/unit
Not Permitted
Public Water or Public Sewer
Not Permitted(b)
Not Permitted(b)
Not Permitted(b)
Lot Area: Multifamily Dwellings
Public Water and Public Sewer
Not Permitted
Min. 2,500 square feet/unit
Min. 2,500 square feet/unit
Min. 2,500 square feet/unit
Not Permitted
Public Water or Public Sewer
Not Permitted
Not Permitted
Not Permitted
No Public Water or Public Sewer
Lot Area: All Other Uses
Public Water and Public Sewer
Min. 43,560 square feet
Min. 20,000 square feet
Min. 8,000 square feet
Min. 8,000 square feet
Min. 20,000 square feet
Public Water or Public Sewer
Min. 30,000 square feet
Min. 15,000 square feet
Min. 30,000 square feet
Min. 30,000 square feet
No Public Water or Public Sewer
Min. 40,000 square feet
Min. 40,000 square feet
Min. 40,000 square feet
Min. 40,000 square feet
Minimum Lot Width:
Single-Family Detached Dwellings
Public Water and Public Sewer
150 feet
50 feet
40 feet
50 feet
Not Permitted
Public Water or Public Sewer
70 feet
60 feet
70 feet
No Public Water or Public Sewer
90 feet
80 feet
90 feet
Single-Family Semidetached and Two-Family Dwellings
Public Water and Public Sewer
Not Permitted
50 feet for SFSD and 30 feet/unit for 2 Family
30 feet for SFSD and 25 feet/unit for 2 Family
30 feet for SFSD and 25 feet/unit for 2 Family
Not Permitted
Public Water or Public Sewer
70 feet for SFSD and 60 feet/unit for 2 Family
60 feet for SFSD and 50 feet/unit for 2 Family
70 feet for SFSD and 50 feet/unit for 2 Family
No Public Water or Public Sewer
90 feet for SFSD and 80 feet/unit for 2 Family
80 feet for SFSD and 75 feet/unit for 2 Family
90 feet for SFSD and 75 feet/unit for 2 Family
Single-Family Attached Dwellings
Public Water and Public Sewer
Not Permitted
20 feet/unit
20 feet/unit
20 feet/unit
Not Permitted
Public Water or Public Sewer
Not Permitted
Not Permitted
Not Permitted
No Public Water or Public Sewer
Minimum Lot Width: Multifamily Dwellings
Public Water and Sewer
Not Permitted
100 feet
100 feet
100 feet
Not Permitted
Public Water or Sewer
Not Permitted
Not Permitted
Not Permitted
No Public Water or Sewer
Minimum Lot Width: All Other Uses
Public Water and Sewer
150 feet
50 feet
40 feet
50 feet
100 feet
Public Water or Sewer
150 feet
70 feet
60 feet
70 feet
125 feet
No Public Water or Sewer
150 feet
90 feet
80 feet
90 feet
150 feet
Maximum Lot Coverage:
20%
55%
55% for SFD, SFSD and 2 Family DUs and 80% for all other uses 80% for all other uses
55%
85%
Minimum Setbacks - Principal Building
Front
35 feet
20 feet
See § 470-15
20 feet
35 feet
Side
25 feet
10 feet(b)
10 feet(b)
25 feet
Rear
25 feet
20 feet
20 feet
25 feet
Maximum Building Height:
Principal Building
45 feet
45 feet
See § 470-15
45 feet
45 feet
Accessory Building
25 feet
25 feet
25 feet
25 feet
25 feet
Agricultural Buildings
None
None
None
None
None
(a)
Maximum density in excess of base density applies only to developments utilizing transferred development rights.
(b)
Single-family attached dwellings are permitted as part of a CBD subject to the provisions set forth in Article IV herein.

§ 470-13 Agricultural District (AG).

A. 
Purpose. The Agricultural District protects and enhances the Township's strong agricultural heritage, farming economy and rural character, by permitting, agricultural uses and related support services and with limited exceptions, compatible, nonagricultural uses, which complement and bolster farm related activities, including limited residential development and limited public facilities. New development should not be fragmented or cause adverse effects, resulting from encroachment or mixing of incompatible development, upon prime agricultural areas and prime agricultural soils (Class I-III). Therefore, nonagricultural development should be carefully planned and designed to not only foster development of new and expansion of existing agricultural land uses and related activities, but more importantly preserve prime agriculture and farm land continuity while considering topography, soil type and classification, and present use. Standards and regulations are designed for the protection and stabilization of characteristics essential for the advancement of agricultural and related enterprises. The provisions of this district regulate the siting, density, and design of development to assure the availability of reliable, safe, and adequate water supplies to support the intended land uses within the capacity of available water resources. Lands within the Agricultural District are not intended to be served with public water and sewer.
B. 
Use regulations. No building or structure may be erected or used and no land may be used or occupied except for uses indicated in Table 470-8 as either permitted or allowed by special exception in this district.
C. 
Base density, dimensional criteria and requirements: as indicated in Table 470-12.
D. 
Development rights. For purposes of this chapter, a development right is defined in § 470-6.
(1) 
Granted development rights. On the effective date of this chapter, there shall be granted for each existing parcel of land within the Agricultural District in existence on that date, no more than the following number of development rights as shown in Table 470-13D.
(2) 
Permitted development rights. On the effective date of this chapter, there may be permitted upon each existing parcel of land within the Agricultural District, no more than the following number of development rights granted in Subsection D(1) as shown in Table 470-13D.
(3) 
Table 470-13D.
Size of Parent Parcel(a) Adjusted Tract Area (Ac.)
Granted Development Rights(b)
Permitted Development Rights(b)
0.00 to 3.99
1
1
4.00 to 5.99
2
1
6.00 to 7.99
3
1
8.00 to 9.99
4
1
10.00 to 11.99
5
2
12.00 to 13.99
6
2
14.00 to 15.99
7
2
16.00 to 17.99
8
2
18.00 to 19.99
9
2
20.00 to 21.99
10
3
22.00 to 23.99
11
3
24.00 to 25.99
12
3
26.00 to 27.99
13
3
28.00 to 29.99
14
3
30.00 to 31.99
15
4
32.00 to 33.99
16
4
34.00 to 35.99
17
4
36.00 to 37.99
18
4
38.00 to 39.99
19
4
40.00 and Greater
20 DRs plus 1 DR for each 2 acre over 40 acres
5 DRs plus 1 DR for each 10 acre increase over 50
NOTES:
(a)
The Township shall not recognize any fractional development rights, and therefore rights shall be granted and used in whole number increments.
(b)
For purposes of determining number of development rights, development rights are granted to parent parcels in accordance with this article and Article VII, regardless of preexisting dwellings and/or principal nonagricultural structures built prior to the effective date of this chapter.
E. 
Development rights in AG District. Development rights are granted and permitted to be used in the Agricultural District, but shall be strictly regulated by the following provisions:
(1) 
Subdivision. Each new lot created after the effective date of this chapter, separated from the original parent parcel through the use of developments rights to be used in the Agricultural District, pursuant to § 470-13D, and meeting all dimensional requirements set forth in Table 470-12 of this chapter, for the location of one or more uses listed in Table 470-8 of this chapter, shall not be created and separated from the original parent parcel, unless it is determined from the subdivision plan submitted by the property owner that:
(a) 
All of the land proposed to be separated is land of low quality for agricultural use as defined in § 470-6 of this chapter, or land possessing the lowest classification of the soils contained on the parent parcel. Where such location is not feasible, locating new lots on land containing higher quality soils may be permitted. However, in all cases such new lots shall be located on the least agriculturally productive land feasible, to minimize interference with agricultural production. The applicant shall have the burden of proving that the land sought to be subdivided meets the criteria set forth in this section. Any landowner who disagrees with the classification of their parcel or any part of it by the latest version of the Soil Survey of York County, Pennsylvania, may submit an engineering analysis of the soils on the portion of the farm which is sought to be reclassified, and if the Board of Supervisors finds the study to be correct, it shall alter the Township Soil Map to reflect the results of such analysis.
(b) 
The creation of "oversized" lots larger in area than the maximum permitted lot size may be permitted, provided that.
[1] 
The parent parcel, except for land approved for inclusion in the parcel's permitted development rights pursuant to § 470-13D of this chapter, is being divided into or among two or more "farms" which will after transfer contain at least 50 acres of agricultural land. Any new division line being created between two "farms" shall be agriculturally reasonable and will not be so as to render the agricultural use of the lots less efficient; i.e., under normal circumstances fields and contour strips shall not be split; or
[2] 
The physical characteristics of the land require a lot in excess of two acres to provide a suitable location for the structure, the well, the on-site sewage disposal system, and the driveway. In such cases, the additional lot area shall be the minimum amount necessary to accommodate the dwelling, well, sewage disposal system, and driveway; or
[3] 
In the case of parent parcels which existed on or before the effective date of this chapter comprised entirely of prime agricultural land as defined in § 470-6 of this chapter, the creation of lots larger than the maximum lot size set forth in Table 470-12 for any use provided in Table 470-8, may be permitted if additional development rights granted to the parent parcel on the effective date of this chapter and permitted to be used on site as stated in Table 470-13D of this chapter, are used to create such a lot. One additional right shall be used for each two acres or part thereof by which the lot exceeds the maximum lot size of two acres.
[4] 
In the case of parent parcels which existed on or before the effective date of this chapter containing land identified as being of low agricultural capability defined in § 470-6 of this chapter and/or those lands that have traditionally not been used for agricultural operations, to provide landowners an added degree of flexibility in the use of development rights on their property, the subdivision of a lot which is larger in area than the maximum permitted lot size in the Agricultural District may be permitted upon application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board may approve creation of a lot larger than the maximum lot size set forth in Table 470-12 for any use provided in Table 470-8, if one development right granted to the parent parcel on the effective date of this chapter and permitted to be used as stated in Table 470-13D of this chapter, is used to create such an "oversized" lot in accordance with the following standards:
[a] 
The landowner submitting a subdivision plan shall have the burden of proving that all of the land sought to be subdivided is land of low quality for agricultural use as defined in § 470-6 of this chapter and such a lot shall be located so as to minimize interference with agricultural production.
[b] 
The landowner or applicant submitting a subdivision plan shall be required to specify on the plan that the creation of an "oversized" lot will not preclude the landowner from locating all of the remaining permitted development rights, on land of low quality for agricultural use as defined in § 470-6 of this chapter.
[c] 
The Zoning Hearing Board shall consider the impact on the adjacent properties, specifically relating to adjacent agricultural operations and residential uses. The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that permitting an "oversized" lot will not adversely affect the agricultural use or enjoyment of neighboring properties.
[d] 
All other provisions of this chapter and any other applicable ordinance of the Township shall apply.
(c) 
There must be assigned to the land being separated from the original parcel at least one of the original parcel's allocation of development rights permitted by § 470-13D(1) of this chapter, unless that land is being joined to an adjacent lot or parcel which either contains an existing dwelling or has allocated to it one development right.
(d) 
In no case may development rights be allocated to the parent parcel, which are precluded from being developed on that parent parcel due to:
[1] 
Deed restrictions; or
[2] 
Covenants; or
[3] 
Conservation easements held by including but not limited to the Township, land conservation or preservation trusts, York County or the State of Pennsylvania.
(e) 
Regardless of size, no lot subsequently subdivided from the original parcel shall qualify for additional development rights pursuant to § 470-13D of this chapter.
(f) 
Subsequent owners for any parcel of land legally existing on the effective date of this chapter, shall be bound by the actions of the previous owners that such current owner may subdivide if any remain, the number of lots remaining from the original number permitted by § 470-13D of this chapter.
(g) 
Approved subdivision. Each permitted development right used to create a separate and approved lot, whether intended for transfer title or not, such lots must meet the requirements of this chapter; Chapter 410, Subdivision and Land Development, and all requirements of the Pennsylvania Department of Environmental Protection. A property owner submitting a subdivision plan will be required to specify on this plan which lot or lots shall carry with them the right to erect or place any unused quota of development rights their parcel may have.
(2) 
New principal structures and uses located upon and not separated from parent parcels.
(a) 
For each new principal structure or use created after the effective date of this chapter and located upon and not separated from a parent parcel existing before the effective date of this chapter, via the use of developments rights permitted in the Agricultural District, pursuant to § 470-13D, and meeting all dimensional requirements set forth in Table 470-12 of this chapter shall require one development right equal to:
[1] 
One dwelling unit; or
[2] 
Five thousand square feet or portion thereof of gross floor area for principal nonresidential and/or nonagricultural structures or uses; for the location of one or more uses listed in Table 470-8 of this chapter. Additionally, development rights located on the original parent parcel shall not be used, unless it is determined from the subdivision and/or land development plan submitted by the property owner that:
[3] 
All of the land proposed to be used for siting new principal nonagricultural structure or use on land of low quality for agricultural use as defined in § 470-6 of this chapter, or land possessing the lowest classification of the soils contained on the parent parcel. Where such location is not feasible, locating new principal nonagricultural structure or use on land containing higher quality soils is permitted. However, in all cases such new principal nonagricultural structure or use shall be located on the least agriculturally productive land feasible, so as to minimize interference with agricultural production.
(b) 
The applicant shall have the burden of proving that the land sought to be subdivided meets the criteria set forth in this section. Any landowner who disagrees with the classification of their parcel or any part of it by the latest version of the Soil Survey of York County, Pennsylvania, may submit an engineering analysis of the soils on the portion of the farm which is sought to be reclassified, and if the Board of Supervisors finds the study to be correct, it shall alter the Township Soil Map to reflect the results of such analysis.
F. 
Transfer of development rights:
(1) 
Development rights available to each parent parcel of land in the Agricultural District, Table 470-13D may be transferred to a parcel or parcels of land located within areas of the Township designated as receiving areas in accordance with the requirements of, and procedures set forth in § 470-12A and Article VII of this chapter.
(2) 
Following the transfer, the transferor parcel must either contain an existing residential dwelling, principal nonresidential and/or nonagricultural structure or use, or at least one development right unless it is being permanently joined to an adjacent parcel which either contains an existing dwelling, principal nonresidential and/or nonagricultural structure or use, or has allocated at least one development right.
G. 
Agricultural nuisance disclaimer. All lands within or abutting the Agricultural District are located within an area where land is used for agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of property within this district should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.

§ 470-14 Residential District (R).

A. 
Purpose. The Residential District provides adequate space for the orderly and efficient expansion of existing residential development, while promoting diversity in housing types and densities for new residential development within the Township. By encouraging compact, cohesive neighborhoods in areas where it is feasible to provide public utilities and community facilities, the Residential District also serves to promote and retain a pleasant residential atmosphere by ensuring residential development is well planned and designed to complement the surrounding physical environment. Residential development upon lands deemed to have restricted development characteristics (steeply sloped lands, floodplains and wetlands) or indiscriminately mixed with commercial and other nonresidential uses are discouraged.
B. 
Use regulations. No building or structure may be erected or used and no land may be used or occupied except for uses indicated in Table 470-8 as either permitted or allowed by special exception in this district.
C. 
Base density dimensional criteria and requirements. As indicated in Table 470-12.
D. 
Maximum development density utilizing transferred development rights. As indicated in Table 470-12.
E. 
Required utilities. Each principal use shall be provided with public water and sewer service if it is determined by the Township Engineer that public water and sewer capacity is available and that it is feasible to have the service extended to serve the principal use.
F. 
Development rights. For purposes of this chapter, a development right is defined in § 470-6.
(1) 
Granted development rights. On the effective date of this chapter, there shall be granted for each existing parcel of land within the Residential District in existence on that date, no more than the number of development rights equivalent to the Base Density shown in Table 470-12, based on the adjusted tract area;
(2) 
Permitted development rights. On the effective date of this chapter, there may be permitted upon each existing parcel of land within the Residential District in existence on that date, no more than the number of development rights equivalent to the maximum development density shown in Table 470-12 based on the adjusted tract area.

§ 470-15 Village District (V).

A. 
Purpose. The Village District serves to promote an attractive and pleasant living environment by supporting a compatible mix of community oriented neighborhood commercial services and residential uses in areas predominately surrounding the local Boroughs or in established Village areas. The Boroughs, with better access to public infrastructure, are and have traditionally been the cultural and commercial activity hubs within the Township. These areas continue to be the economic and historic focal points for the area. Therefore, development within the Township should be encouraged in areas surrounding the Boroughs and include small commercial businesses, professional services and quasi-public uses, mixed harmoniously with various housing types and densities. Accordingly, performance and design standards should strengthen the quality and aesthetics of the immediate environment by encouraging infill development, thus allowing for adequate conversion of existing buildings, but also ensuring new development is consistent with compact moderate-scale, pedestrian-oriented design.
B. 
Use regulations. No building or structure may be erected or used and no land may be used or occupied except for uses indicated in Table 470-8 as either permitted or allowed by special exception in this district.
C. 
Base density, dimensional criteria and requirements. As indicated in Table 470-12.
D. 
Maximum development density utilizing transferred development rights. As indicated in Table 470-12.
E. 
Required utilities. Each principal use shall be provided with public water and sewer service if it is determined by the Township Engineer that public water and sewer capacity is available and that it is feasible to have the service extended to serve the principal use.
F. 
Development rights. For purposes of this chapter, a development right is defined in § 470-6.
(1) 
Granted development rights. On the effective date of this chapter, there shall be granted for each existing parcel of land within the Village District in existence on that date, no more than the number of development rights equivalent to the base density shown in Table 470-12 based on the adjusted tract area;
(2) 
Permitted development rights. On the effective date of this chapter, there may be permitted upon each existing parcel of land within the Village District in existence on that date, no more than the number of development rights equivalent to the maximum development density shown in Table 470-12 based on the adjusted tract area;
G. 
Table 470-15G - Principal building setback and height criteria and requirements.
Single-Family Detached
Single-Family Semidetached and Two-Family
Single-Family Attached and Multifamily
All Other Uses
Principal Building Setbacks
Front Yard (feet)
15 minimum
15 minimum
15 minimum
15 minimum
Side Yard (feet)
5 minimum
5 minimum
5 minimum
5 minimum
Rear Yard (feet)
20 minimum
20 minimum
20 minimum
20 minimum
Maximum Building Height (feet)
45
45
45
45
H. 
Village residential design standards. The following design recommendations apply to all residential uses.
(1) 
Orientation. At least one public entrance of each residential principal structure should be oriented towards the front lot line. Vehicular openings such as those for garages and carports shall not constitute a public entrance.
(2) 
Front porch. An unscreened open-air porch may extend into the required front yard up to eight feet.
(3) 
Pedestrian access. Pedestrian access from the public sidewalk, street right-of-way or driveway to the front doorway of the residential principal structure should be provided via an improved surface. A pedestrian access up to 75 square feet that is separate from a driveway shall not be calculated as impervious surface.
(4) 
Garages and carports.
(a) 
All garages or carports (whether detached from, attached to, or incorporated within the principal structure) shall not extend beyond or in front of the front facade of the primary habitable area of the principal structure or required minimum front setback, whichever is greater.
(b) 
Garages and carports shall have a minimum five-foot rear yard setback.
(5) 
Accessory garage apartments or rental cottages.
(a) 
A garage apartment or rental cottage shall be permitted on any building site having enough building site area to permit two or more dwelling units. No garage apartment or rental cottage shall occupy more than 35% of the required rear yard. No garage apartment or rental cottage shall be greater than 50% of the total square footage of the principal structure. Garage apartments and rental cottages shall conform to the minimum setback requirements:
[1] 
Front yard: shall not extend beyond or in front of the front facade of the primary habitable area of the principal structure or required minimum front setback, whichever is greater.
[2] 
Side yard: five feet.
[3] 
Rear yard: five feet.
(b) 
Legally existing nonconforming garage apartments shall be permitted to remain. However no expansion or enlargement shall be permitted unless the structure additions meet minimum setback, lot coverage and square footage requirements and of this section. Any garage apartment or rental cottage which has been discontinued may be reestablished at any time within the existing structure as long as the site meets the area requirements of this section.
I. 
Village design standards for nonresidential uses. The following design recommendations apply to all nonresidential uses.
(1) 
Orientation.
(a) 
At least one public entrance of each principal structure should be oriented towards the front lot line. Vehicular openings such as those for garages and carports shall not constitute a public entrance.
(b) 
The combined ground floor and second floor exterior building wall area on the wall facing the front lot line should contain a minimum of 15% of transparent or translucent materials.
(2) 
Pedestrian access. Direct pedestrian access should be provided from the principal entrance of the building to the sidewalk on the closest public right-of-way. Pedestrian access should be provided from the parking facilities to the ground floor uses, either through rear building entrances, pedestrian ways along the perimeter of buildings or by pedestrian throughways which connect parking lots to the sidewalks along the front lot line. Pedestrian throughways may be exterior and located between buildings or may be incorporated into the interior design of a structure. Pedestrian throughways shall be a minimum of five feet wide.
(3) 
Streetwall. Upon substantial enlargement, substantial improvement or new construction for principal buildings that are located within the required maximum front setback, if the side yard setback is greater than zero feet, a wall or fence should extend from the principal building facade along that portion of the frontage line that is not devoted to vehicular or pedestrian access and shall meet the following requirements:
(a) 
The wall or fence shall be a minimum of three and a maximum of five feet in height. Walls and fences greater than three feet in height above grade shall be no more than 50% solid.
(b) 
The wall or fence shall be constructed with a minimum setback of zero feet and a maximum setback of 10 feet from the lot line, in line with the front setback of the principal building.
(c) 
Chain-link fences should not be considered to meet the requirements of this section.
(4) 
Upon substantial enlargement or substantial improvement for principal buildings that exceed the required maximum front setback, a wall or fence should be constructed in the area between the principal building facade and the front lot lines along that portion of the frontage line that is not devoted to vehicular or pedestrian access and shall meet the following requirements:
(a) 
The wall or fence shall be a minimum of three feet and a maximum of five feet in height. Walls and fences greater than three feet in height above grade shall be no more than 50% solid.
(b) 
The wall or fence shall be constructed with a minimum setback of zero feet and a maximum setback of 10 feet from the lot line, in line with the front setback of the principal building.
(c) 
Chain-link fences should not be considered to meet the requirements of this section.
(5) 
Parking and access drives. Upon substantial enlargement, substantial improvement or new construction, the following standards shall apply:
(a) 
Parking facilities shall be located to the rear or the side of the principal structure, and shall not be permitted between the principal building and the street or within the required front yard.
(b) 
Curb cuts and access drives shall be a minimum 18 feet and a maximum of 24 feet wide.
(6) 
Parking lots. A wall or fence shall be required along the street perimeter of surface parking lots and shall meet the following requirements:
(a) 
The wall or fence shall be a minimum of three feet and a maximum of five feet in height. Walls and fences greater than three feet in height above grade shall be no more than 50% solid.
(b) 
The wall or fence shall be constructed with a minimum setback of zero feet and a maximum setback of five feet from the lot line.
(c) 
Chain-link fences should not be considered to meet the requirements of this section.
(7) 
Drive-through facilities. In addition to all other requirements specified above, the following additional standards shall apply:
(a) 
Drive-through curb cuts and access drives shall be a maximum width of 12 feet for one-way.
(b) 
Drive-through windows shall be located on the side or rear of buildings.
J. 
Two or more independent uses permitted in this district may be established within a single principal structure provided that the regulations regarding development rights and floor area established in this chapter for each individual use are satisfied. The principal structure itself however shall be considered as a single unit for purposes of lot area, lot width and setback requirements; such provisions shall not be cumulative for the individual uses established.

§ 470-16 Waterfront Recreation District (WR).

A. 
Purpose. Generally, the Waterfront Recreation District promotes the continued use and future development of riverfront properties along the Susquehanna River in a manner consistent and harmonious with existing uses, thus retaining the rural recreational character of the area. Development and uses primarily oriented to providing a mixture of seasonal and year-round dwellings, public and semipublic recreational type uses, as well as a variety of associated commercial uses, are encouraged. As much of the land is located in the one-hundred-year floodplain, or steep slope river valley hills, each development proposal should be carefully scrutinized as to its impact on the area; therefore, conservation measures, especially floodplain management and erosion and sediment control regulations, should be strictly enforced.
B. 
Use regulations. No building or structure may be erected or used and no land may be used or occupied except for uses indicated in Table 470-8 as either permitted or allowed by special exception in this district.
C. 
Base density, dimensional criteria and requirements: as indicated in Table 470-12.
D. 
Maximum development density utilizing transferred development rights: as indicated in Table 470-12.
E. 
Waterfront recreation design standards for nonresidential uses.
(1) 
Orientation. At least one public entrance of each principal structure should be oriented towards the front lot line. Vehicular openings such as those for garages and carports shall not constitute a public entrance.
(2) 
Parking and access drives. Upon substantial enlargement, substantial improvement or new construction, the following standards shall apply:
(a) 
Parking facilities shall be located in the rear or the side of the principal structure, and shall not be permitted between the principal building and the street or within the required front yard.
(b) 
Curb cuts and access drives shall be a minimum 18 feet and a maximum of 24 feet wide.
F. 
Required utilities. Each principal use shall be provided with public water and sewer service if it is determined by the Township Engineer that public water and sewer capacity is available and that it is feasible to have the service extended to serve the principal use.
G. 
Development rights. For purposes of this chapter, a "development right" is defined in § 470-6.
(1) 
Granted development rights. On the effective date of this chapter, there shall be granted for each existing parcel of land within the Waterfront Recreation District in existence on that date, no more than the number of development rights equivalent to the base density shown in Table 470-12 based on the adjusted tract area;
(2) 
Permitted development rights. On the effective date of this chapter, there may be permitted upon each existing parcel of land within the Waterfront Recreation District in existence on that date, no more than the number of development rights equivalent to the maximum development density shown in Table 470-12 based on the adjusted tract area;
H. 
Two or more independent uses permitted in this district may be established within a single principal structure provided that the regulations regarding development rights and floor area established in this chapter for each individual use are satisfied. The principal structure itself however shall be considered as a single unit for purposes of lot area, lot width and setback requirements; such provisions shall not be cumulative for the individual uses established.

§ 470-17 Industrial District (I).

A. 
Purpose. The Industrial District promotes the continuation and expansion of existing industrial activities while providing for a wide range of new compatible industrial development, which contributes to the well-being of the Township. Land use regulations will protect the environmental and social integrity of the Township by ensuring potential sites are suitable in terms of topography, area, accessibility and availability of utilities. Because of the possible proximity of industrial development to residential and commercial areas, small start-up businesses and light industry are encouraged; while other heavier, potentially more objectionable uses require special exception approval and include restrictions and design standards, assuring both attractive and useful surroundings.
B. 
Use regulations. No building or structure may be erected or used and no land may be used or occupied except for uses indicated in Table 470-8 as either permitted or allowed by special exception in this district.
C. 
Density, dimensional criteria and requirements. As indicated in Table 470-12.
D. 
Required utilities. Each principal use shall be provided with public water and sewer service if it is determined by the Township Engineer that public water and sewer capacity is available and that it is feasible to have the service extended to serve the principal use.

§ 470-18 Restricted Development Overlay (RDO).

A. 
Purpose. The Restricted Development Overlay District promotes conservation of land in the Township possessing natural features identified as essential to the environmental health, economy and rural character of the community. These areas include lands with severe development constraints, such as steep slopes, wetlands and floodplains. Protection of natural features provides benefits such as soil erosion control, improved soil quality and enhanced water quality by means of filtering out harmful substances from runoff, enriched habitat and biodiversity, flood control, and the protection of buildings, roads and other property. To protect life and property, preserve the natural and open space character of the Township, as well as the physical and environmental amenities of these areas, new growth and development is directed to appropriate development areas, away from lands containing the restricted development features.
B. 
Delineation of Restricted Development Overlay District. For purposes of this chapter, areas contained within the Restricted Development Overlay District shall include the following:
(1) 
Steep slopes. Slopes in excess of 15% shall be considered to be included within the Restricted Development Overlay District.
(2) 
Wetlands. Any portion of a property within a designated wetland, as determined by current state and/or federal guidelines, shall be considered to be within the Restricted Development Overlay District.
(3) 
Floodplains. Any portion of property within areas defined by the Chapter 410, Subdivision and Land Development, and the Building Permit and Floodplain Management Ordinance[1] as flood-prone areas, or areas within the one-hundred-year flood hazard area identified on the most recent Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA), shall be considered to be within the Restricted Development Overlay District.
[1]
Editor's Note: See also Ch. 180, Construction Codes, and Ch. 235, Floodplain Management.
C. 
Abrogation and greater restrictions. This section is intended to create an overlay district. All of the regulations of the underlying district shall remain in full force and effect. Where there exists any conflict between the provisions or requirements of any Restricted Overlay District and those of any underlying district, the more restrictive of the two provisions shall apply.
D. 
Permitted uses. The development and/or use of any land will be permitted, subject to the provisions of this section, provided that the development or uses adhere to all the requirements of the underlying district.
E. 
Design and performance standards:
(1) 
Conservation of steeply sloped lands.
(a) 
No site disturbance shall be allowed on slopes exceeding 25%.
(b) 
Disturbance on slopes between 15% and 25% shall require the submission of a detailed site grading plan, which shall contain, at a minimum, the following information:
[1] 
Existing contours;
[2] 
Existing areas within the Restricted Development Overlay District as defined herein;
[3] 
Location of existing and proposed structures, including vehicular accesses;
[4] 
Proposed erosion and sedimentation control measures;
[5] 
Proposed limits of disturbance;
[6] 
A tabulation of the acreage of the area within the Restricted Development Overlay District which would be impacted by the proposed activity.
(2) 
Conservation of wetlands.
(a) 
Any portion of a property within a delineated wetlands area is not be altered, regraded, filled, piped, diverted, or built upon except in conformance with the regulations of the PA DEP and the U.S. Army Corps of Engineers.
(b) 
Any landowner proposing an activity requiring a federal or state permit shall obtain such permit before approval by the Township.
(c) 
All uses and activities shall minimize to the extent possible the destruction, degradation, or adverse impact on a wetland.
(d) 
Wells and septic systems shall not be located in wetland areas.
(3) 
Conservation of floodplain areas. Any portion of a property within a designated floodplain area shall not be altered, regraded, filled, or built upon except only in strict compliance with the provisions of this chapter, Chapter 410, Subdivision and Land Development, and with all other applicable codes and ordinances such as the Township Building Permit Ordinance.[2]
[2]
Editor's Note: See also Ch. 180, Construction Codes.

§ 470-19 Historic Overlay (HO).

A. 
Purpose. The Historic Overlay encourages preservation of significant historic and cultural areas, structures and other features worthy of protection, in order to promote the rich cultural and historic heritage of the Township. This designation is applied to structures, areas and other features of cultural, archaeological, historical or architectural significance designated on the Lower Windsor Township Official Map, and serves to support and provide educational opportunities/resources concerning historic lifestyles and architectural styles, which are important to the Township's heritage. By providing a means for review and input on, conservation, rehabilitation, restoration or adaptive reuse of historic features, future generations are provided a link to the Township's past, helping to create a sense of place and a unique identity while stimulating civic pride and economic vitality. This designation will ensure that the Township acknowledges and makes provisions for reviewing and protecting historic resources in a manner in keeping with their historic and cultural nature.
B. 
Delineation of historic overlay. The Historic Overlay District shall be an overlay district that overlaps and supplements underlying zoning districts. The HO District shall include each lot containing an historic resource listed on the Lower Windsor Township Official Map which is incorporated into this chapter by reference and those areas identified as archaeologically sensitive areas on the Official Map.
C. 
Abrogation and greater restrictions. This section is intended to create an overlay district within which all applications for zoning/building permits for either the purpose of exterior alteration or demolition structures, or the disruption or encroachment upon areas or sites of archaeological significance, should voluntarily be submitted to the Lower Windsor Area Historical Society for photographic documentation of the historic character of the structure, area or site.

§ 470-20 Conservation by Design Overlay (CBDO).

A. 
Purpose. In addition to the goals in § 470-14, Residential District (R), § 470-15, Village District (V), and § 470-16, Waterfront Recreation District (WR), it is the purpose of this overlay district to:
(1) 
Conserve undeveloped land for the purpose of protecting open space in contiguous, unfragmented, commonly managed landscapes to:
(a) 
Protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to persist; and
(b) 
Minimize edge conditions and associated colonization by invasive plant species.
(2) 
Contribute to the creation of a Township wide greenway system for the benefit of present and future residents;
(3) 
Conserve existing landscape character by minimizing views of new development from existing roads, thereby reducing perceived density;
(4) 
Encourage innovation and promote flexibility, economy and ingenuity in development;
(5) 
Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties;
(6) 
Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences;
(7) 
Provide homes with direct views of greenway land, organized around common greens;
(8) 
Provide for the conservation and maintenance of greenway land and for active or passive recreational use by residents;
(9) 
Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the impervious cover required for residential development;
(10) 
Provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices;
(11) 
Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes;
(12) 
Implement natural resource conservation policies set forth in the Township's Comprehensive Plan;
(13) 
Implement land use, open space, and community policies set forth in the Township's Comprehensive Plan.
B. 
Delineation of conservation by design overlay. The Conservation By Design Overlay District shall be an overlay district that overlaps and supplements the Residential, Village, and Waterfront Recreation Districts as created herein.
C. 
Abrogation and greater restrictions. This section is intended to create an overlay district within which all applications for development shall be subject to additional design criteria contained in § 470-26 herein to meet the expressed goals of the Overlay District.

§ 470-21 Airport District Overlay (ADO).

A. 
Purpose. The purpose of Airport District Overlay is to consider safety issues around the Airport, regulate and restrict the heights of constructed structures and objects of natural growth, create appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, and create the permitting process for use within said zones.
B. 
Relation to other zone districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. 
Establishment of airport zones. There are certain zones within the Airport District Overlay, defined in Article II of this chapter and depicted on Figure 1 and illustrated on Township Zoning Map,[1] which include:
(1) 
Approach Surface Zone.
(2) 
Conical Surface Zone.
(3) 
Horizontal Surface Zone.
(4) 
Primary Surface Zone.
(5) 
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 and the Zoning Map are included as attachments to this chapter.
D. 
Permit applications:
(1) 
As regulated by Act 164[2] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection E below.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
(2) 
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
E. 
Variance.
(1) 
Any request for a variance shall include documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a) 
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(b) 
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection H below.
(c) 
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(2) 
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this chapter.
F. 
Use restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Airport.
G. 
Preexisting nonconforming uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning) may only be reestablished consistent with the provisions herein.
H. 
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in Subsection E above to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
I. 
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.