Lower Windsor Township
City Zoning Code
City Zoning Code
ARTICLE V
General Provisions
§ 470-30 New uses.
Uses created or undertaken in any structures or upon any lot after the effective date of this chapter shall conform with all provisions set forth in this chapter as well as Chapter 410, Subdivision and Land Development.
§ 470-31 Accessory uses and structures.
A.
Attached structures. An accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
B.
Nonattached structures. Any accessory structure, standing apart from the principal structure, is permitted in any yard, provided it is not located within any required minimum front setback area. Additionally, such structure is permitted to be a minimum of five feet from the side and rear property lines. Apartments or other living quarters, except as specifically provided for elsewhere in this chapter, shall not be permitted in an accessory structure. For all other requirements, a nonattached structure is considered the same as a principal building.
C.
Except as specifically provided for elsewhere in this chapter, the maximum height for all accessory structures shall 25 feet.
§ 470-32 Unenclosed storage.
A.
Inoperable motor vehicles. Except as provided in § 470-100 and in other Township ordinances, on-street parking of unlicensed, inoperable motor vehicles is prohibited.
B.
Trash, garbage, refuse or junk. Except as provided for elsewhere in this chapter or other Township codes and ordinances, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited in all districts.
C.
Adjacent to residential district or use. Unenclosed commercial or industrial use storage is restricted to the side or rear yards and shall be fully enclosed within a six-foot-high secured fence.
§ 470-33 Setback modifications.
A.
B.
Setback on corner lots. In the case of corner lots, two front setbacks shall be provided (the second of which will exist in lieu of one side setback) along with two side setbacks.
C.
Accessory or appurtenant structures and architectural features. The setback regulations do not apply to the following provided that they are not located within the clear sight triangle:
(1)
Fences.
(2)
Student shelters at school bus stops; telephone booths; minor utility structures.
(3)
Cornices, eaves, chimneys, steps, canopies and similar extensions. Setback regulations, however, do apply to patios, porches, roofs, carports, decks and stoops.
(4)
Open fire escapes.
(5)
Articles of ornamentation or decoration.
§ 470-34 Height modifications.
The height regulations do not apply to the following projections provided that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A.
Structures such as chimneys, standpipes, flagpoles, television antennas (excluding satellite dishes) or radio towers.
B.
Structures on buildings such as clock towers, cupolas, water tanks, satellite dish antennas and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C.
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet in height above the roofline.
D.
Farm buildings.
§ 470-35 Minimum habitable floor area.
§ 470-36 Parking.
A.
Size of parking space. Each parking space shall have dimensions of 10 feet by 20 feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area including passageways and driveways must average 300 square feet per required parking space.
B.
Spaces required. Off-street parking spaces must be provided for each building or use erected, altered, enlarged or converted in accordance with the following schedule:
Type of Use | Minimum of 1 Parking Space for Each |
|---|---|
Accessory Garage Apartment or Rental Cottage | Dwelling unit |
Adult Regulated Facility | 400 square feet of gross floor area |
Agricultural Equipment/Machinery Sales and Service | 400 square feet of gross floor area |
Agricultural Roadside Stand, Temporary | Note: Minimum of 2 spaces |
Agricultural Roadside Stand, Permanent | 50 square feet of gross floor area, but 2 minimum |
Agriculture | N/A |
Airport, Airstrip | 4 air vehicles stored on site |
Animal Hospital or Veterinary Clinic | Employee that is not a veterinarian, plus 3 for each veterinarian |
Bed-and-breakfast Inn | Guest sleeping room, plus those required for the dwelling unit |
Boardinghouse or Rooming House | Bedroom |
Boat Launching Facility | NOTE: minimum of 10 vehicle/trailer spaces for each launch required |
Boat Storage Facility | 1,000 square feet of gross floor area |
Campground | Campsite, plus an equivalent amount of parking shall be provided in a common area or lot |
Care Facilities | |
Convalescent or Nursing Home | Bedroom, plus 1 for each employee |
Day-care Center | 4 persons served, plus 1 for each employee |
Domiciliary Care Home | Bedroom, plus 1 for each employee |
Family Day-Care Home | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Group Day-Care Home | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) plus each nonresident employee plus at least 2 spaces for the day-care facility |
Group Home | Bedroom, plus 1 for each employee |
Personal Care Boarding Home | Bedroom, plus 1 for each employee |
Cemetery | Employee + space on private drives |
Club Room, Club Grounds or Meeting Hall | 100 square feet of gross floor area |
Commercial Recreational Establishment, Indoor | 200 square feet of gross floor area, plus 1 for each employee |
Commercial Recreational Establishment, Outdoor | 200 square feet of gross floor area, plus 1 for each employee; or if completely outside of a structure, 3 users at maximum utilization, plus 1 for each employee |
Communication Facilities | N/A |
Convenience Store | 100 square feet of gross floor area, plus 1 for each employee on the largest shift |
Convenience Store (Dispensing Fuel) | 100 square feet of gross floor area, plus 1 for each employee on the largest shift |
Crematorium | Employee |
Cottage Industry | Employee |
Dwelling | |
Caretaker/Watchman Dwelling | Dwelling unit |
Group Quarters | Occupant |
Multifamily Dwelling (3+ DUs on 1 Lot) | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) plus 1/2 space per dwelling unit provided in a common parking area |
Single-Family Attached Dwelling (3+ DUs on 3+ Lots) | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Single-Family Detached Dwelling | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Single-Family Semidetached Dwelling (2 DUs on 2 Lots) | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Temporary Housing for Farm Workers | Dwelling unit |
Temporary Recreational Dwelling | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Two-Family Dwelling (2 DUs on 1 Lot) | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Drive-In or Drive-Through Business | 100 square feet of gross floor area, plus 1 additional space for every 4 outside seats |
Eating Establishment | 3 seats, plus 1 for each employee on 2 largest shifts |
Family Farm Support Business | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit), plus 1 for each nonresident employee |
Farm Market | 300 square feet of gross floor area plus 1 per employee |
Feed and Grain Mill | 500 square feet of gross floor area |
Forest and Wildlife Preserve | N/A |
Forestry | N/A |
Funeral Home | 100 square feet of gross floor area, plus 1 for each vehicle retained on site |
Gardening, Crops | N/A |
Greenhouse, Horticultural Nursery | 200 square feet of floor area |
Golf Course | 1/4 hole (i.e., 4 spaces per hole) |
Halfway House | Occupant |
Heavy Equipment Storage, Sales and Service Facility | Note: 20% of sales area to be reserved for customer parking, plus 1 for each employee |
Home Occupation or Profession | See Article VI |
No Impact Home Occupation or Profession | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Hospital | 1/2 bed (i.e., 2 spaces per bed), plus 1 for each employee |
House of Worship | 200 square feet of gross floor area but not less than 1 space for each 4 seats |
Industrial Activities | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Industrial Park | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Junkyard or Salvage Yard | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Kennel | 5 boarding spaces, plus 1 for each employee of the largest shift |
Marina | Boat space plus 1 space per each employee |
Marine Rental, Sales and Service | Note: 20% of sales area to be reserved for customer parking, plus 1 for each employee |
Medical Clinic | 6 spaces per physician, dentist, etc. |
Mineral Extraction or Recovery Operations | Employee |
Mini Storage Facility | See Article VI |
Mobile Home Park | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Mobile Home Sales Lot | 20% of sales area to be reserved for customer parking |
Motel or Hotel | Guest sleeping room, plus 1 for each employee |
Multifamily Residential Conversion | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Noncommercial Keeping of Animals | N/A |
Offices, Professional or Business | 300 square feet of gross floor area |
Outdoor Shooting Range | Target area |
Parking Garage or Parking Lot | N/A |
Personal Service Business | 200 square feet of gross floor area, plus 1 for each employee |
Park | 1/2 acre of land |
Public Services Offices and Uses | 200 square feet of gross floor area |
Public Utilities | N/A |
Research and Development Park | 500 square feet of gross floor area |
Resource Recovery Facility | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Retail Store or Shop | 200 square feet of gross floor area, plus 1 for each employee on 2 largest shifts |
Riding Academy, Boarding Stable | 2 stalls plus 1 per each 4 seats of spectator seating |
Sawmill Operations | Employee |
Schools | |
Commercial School | Staff member plus 1 space per 3 students of projected building capacity |
Public or Private School | Staff member plus 1 space per 6 students in an elementary or junior high school and 1 space per 3 students of projected building capacity in a senior high school, college |
Shopping Mall, Center or Plaza | 200 square feet of gross leasable floor area |
Solid Waste Disposal Processing Facility | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Stockyard | Employee on the largest shift |
Tavern | 4 seats, plus 1 for each employee on 2 largest shifts |
Truck or Motor Freight Terminal | 1 employee on major shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Two-Family Residential Conversion | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Vehicle Fueling Station | 400 square feet of gross floor area, plus 1 for each employee |
Vehicle Sales or Rental Facility | Note: 20% of sales area to be reserved for customer parking, plus 1 for each employee |
Vehicle Repair and Service Facility | Service bay and mechanic |
Vehicle Washing Facility | 400 square feet of gross floor and ground area, plus 1 for each employee |
Warehouse | Employee on the 2 largest shifts |
Wholesale Establishment | 400 square feet of gross floor area, plus 1 for each employee |
Wholesale Vehicle Sales Terminal | 50 square feet of gross leasable area |
C.
Parking facilities for the physically handicapped. Parking facilities shall be provided as follows:
(2)
A minimum of one handicapped parking space shall be reserved for each 25 off-street parking spaces or fraction thereof in a parking area/lot having 100 or less spaces. For an off-street parking area/lot having more than 100 spaces, four handicapped spaces shall be reserved for the first 100 spaces plus one space shall be reserved for each additional 50 parking spaces or fraction thereof.
(3)
Parking spaces for the physically handicapped shall be located as close as possible to ramps, walkways, entrances and elevators. Where feasible, such spaces shall be located so that the physically handicapped are not forced to wheel or walk across main traffic lanes or behind parked cars to reach the facilities.
D.
Location. Except as restricted elsewhere in this chapter, a ground level parking area/lot is permitted in any yard area provided that it is at least 10 feet from any property line. Parking spaces provided for in a garage shall suffice the requirement for minimum number of off-street parking, according to the appropriate number of spaces accommodated for within the garage. The parking area/lot must be on the same or nearby premises. If on nearby premises:
(1)
The nearest point of the parking lot shall be no further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.
(2)
The parking area/lot must remain under control of the owner or operator of the use to which the parking area is appurtenant.
F.
Separation from streets and sidewalks. For multifamily and nonresidential uses where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, sidewalk or walkway, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Township Engineer must line the public right-of-way, sidewalk or walkway except at access points so that parked vehicles will not extend into the street right-of-way, sidewalk or walkway.
G.
Paving. For commercial, industrial and multifamily residential uses, all required parking areas shall be paved with concrete or bituminous paving material.
H.
Drainage. All parking lots shall be drained so as to prevent damage to other properties or public streets. All parking lots shall be designed to prevent the collection of standing water on any portion of the parking lot surface. A parking lot for more than five vehicles must be approved by the Township Engineer relative to grading and drainage.
I.
Marking of parking spaces. Each parking space in a parking area or lot shall be clearly marked by a permanent, durable, contrasting material.
J.
Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. Such lighting shall be arranged so as not to reflect or glare on adjoining properties or streets.
K.
Interior landscaping of parking lots. In any parking lot, at least 10% of the total impervious surface area of the lot shall be devoted to interior landscaping in accordance with Article VI of Chapter 410, Subdivision and Land Development, or planted with grass seed, sod, or ground cover, which shall be maintained, and shall be kept clean of all debris, rubbish, weeds, and tall grass.
L.
Perimeter landscaping of parking lots. Any portion of a parking lot for six or more vehicles which abuts a public street or a neighboring residential property shall provide a solid landscape screen, earthen berm planted with grass seed, sod, or ground cover, or wall no less than 3 feet in height along its perimeter. This screening and buffer area shall be maintained, and shall be kept clean of all debris, rubbish, weeds, and tall grass.
§ 470-37 Loading.
A.
Size; surfacing. The loading space must be not less than 12 feet wide and 45 feet in length, and 14 feet in height, exclusive of drives and maneuvering space, and located entirely on the lot being served. It must be surfaced with a bituminous or concrete paving material.
B.
Spaces required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use | Number of Loading Spaces |
|---|---|
Commercial or retail | 1 space for a gross floor area of 5,000 to 25,000 square feet and 1 additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet |
Office, theater, motel or hotel, hospital or other institution, indoor recreational establishment | 1 space for a gross floor area of 20,000 to 100,000 square feet and 1 additional space for each 40,000 square feet in excess of the first 100,000 square feet |
Industry or manufacturing | 1 space for a gross floor area of 5,000 to 25,000 square feet and 1 additional space for each 10,000 square feet of gross floor area in excess of the first 25,000 square feet |
Wholesale, storage, or warehousing (excludes mini storage facilities for which no loading spaces are required) | 1 space per establishment and 1 additional space for each 40,000 square feet in excess of the first 10,000 square feet |
C.
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area. Off-street loading spaces shall not interfere with off-street parking spaces.
§ 470-38 Driveways/access drives.
All driveways/access drives shall be constructed in accordance with § 410-31B of Chapter 410, Subdivision and Land Development. Where there is a conflict, the standards provided herein shall prevail.
A.
Width. Except as specifically provided for elsewhere in this chapter:
B.
Number. The number of driveways/access drives may not exceed two per lot on any one street frontage; however, on a lot of less than 200 feet of frontage, the number of driveways/access drives may not exceed one per lot.
D.
Angle of intersection. The minimum angle between the center line of the driveway/access drive and the street shall be not less than 65°.
E.
Sight distances. A driveway/access drive must be located in safe relationship to sight distance and barriers to vision. A clear sight triangle of 75 feet as measured along the street center line and five feet along the driveway/access drive center line commencing at the street right-of-way line must be maintained for all residential driveways. Permanent obstructions or plantings shall not exceed a height of three feet in the clear sight area.
F.
Slope, cuts. A driveway/access drive may not exceed a slope of 12% within 25 feet of the street right-of-way line. Where a driveway/access drive enters a bank through a cut, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the driveway/access drive intersects the street right-of-way.
G.
Paving. Driveways shall be improved to a mud-free, dust-free condition to prevent gravel or other loose material from being carried onto the street. Access drives shall be paved with a concrete or bituminous, or other paving material. All driveways and access drives shall be paved with concrete, bituminous, or other paving materials within the right-of-way of the accessed street.
§ 470-39 Screens and buffers.
Where a nonresidential use, not including agriculture and agricultural support services, is proposed and it abuts a Residential District or use, except for street or alley frontage:
A.
Any required screening and buffering may include one or a combination of the elements listed in § 470-6 and shall be utilized along the entire length of the property line abutting the Residential District or use.
B.
Screening shall be arranged so as to block the ground level views between grade, and a height of six feet. Landscape screens shall achieve visual blockage within two years of installation.
C.
The space along the side and rear lot line in the Industrial District abutting a residential use for 50 feet in depth may not be used for the nonresidential operations. This area must be screened and maintained; however, parking is permitted within the interior 25 feet of the fifty-foot buffer strip. Screening shall consist of evergreen shrubs and trees to block 75% of the use from adjoining properties.
§ 470-40 Drainage.
A.
Lot drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings and on-site sewage disposal facilities and to prevent the collection of stormwater in pools.
B.
Drainage upon adjacent properties.
(1)
In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent properties. When a storm drainage outlet will discharge upon another property, the developer must secure the approval in writing of adjoining affected owners. In no case may a change be made in the existing topography which would:
(2)
All slopes must be protected against erosion.
C.
Obstruction to drainage prohibited. The damming, filling or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Township Supervisors and the PA DEP.
§ 470-41 Illumination.
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties or so it does not obstruct the vision of motorists.
§ 470-42 Demolition.
Demolition of any structure must be completed within six months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed within six months of the issuance of a permit. All evidence of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
§ 470-43 Buildings under construction.
A building, the foundation of which was completed before the effective date of this chapter, may be constructed without being bound by the requirements of this chapter provided that the construction is completed within one year after the effective date of this chapter. In like manner, a building, the foundation of which was completed before an amendment to this chapter, may be constructed if the construction is completed within one year after the amendment is adopted.
§ 470-44 Division of built-on lots.
No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this chapter and Chapter 410, Subdivision and Land Development.
§ 470-45 Lots of record.
On a lot held in single and separate ownership on the effective date of this chapter, or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the district in which it is located, may be combined with another nonconforming lot of record and expanded as provided in § 470-47, or a building may be erected, altered and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein.
§ 470-46 Status of subdivision or land development plan.
A.
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 410, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment to the Zoning Ordinance shall affect the decision on such applications adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provision of the Zoning Ordinance as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in the Zoning Ordinance.
B.
When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment to the Zoning Ordinance shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.
§ 470-47 Nonconforming lots of record, structures and uses.
A.
Intent.
(1)
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful on or before the effective date of this chapter or created by an amendment to this chapter, but which would be prohibited under the terms of this chapter or future amendment.
(2)
It is the intent of this chapter to permit these nonconformities to continue until they are removed, although it is recognized and declared by this chapter to be incompatible with permitted uses in the districts involved.
B.
Nonconforming lots of record.
(1)
Continuance. Any nonconforming lot of record created on or before the effective date of this chapter or created by an amendment to this chapter, may be continued although such lot does not conform to the lot requirements for the district in which it is located.
(2)
Construction.
(a)
The provisions of this chapter shall not prevent the construction of a structure or the establishment of a use on any nonconforming lot.
(b)
However, this provision shall not apply to any two or more contiguous lots in common ownership created on or before the effective date of this chapter, where reparceling or replatting could either create one or more conforming lots or expand an existing nonconforming lot, as long as it does not create any other new nonconforming lots as stated in § 470-47B(3). If the owner/developer proposes to build over the adjoining property line, the two lots must be formally joined by having a subdivision plan approved by the Township Board of Supervisors prior to the issuance of any permit authorizing such construction.
(3)
Reverse or resubdivision of nonconforming lots. If two or more contiguous lots, or combination of lots, or portions of lots with continuous frontage in single and separate ownership are of record, created on or before the effective date of this chapter, and that do not meet the requirements established for lot width and area, the land involved may be combined by subdivision plan to either create a conforming lot or expand an existing nonconforming lot, as long as it does not create any other new nonconforming lots.
C.
Nonconforming principal buildings or structures.
(1)
Continuance. Except as otherwise provided in this section, any nonconforming principal building or structure, created on or before the effective date of this chapter or created by an amendment to this chapter, may remain although such structure does not conform to the dimensional requirements for the district in which it is located.
(2)
Restoration. A nonconforming principal structure or building which has been destroyed in part or in whole by reason of windstorm, fire, explosion, or other act of God or a public enemy, the structure or building may be rebuilt, restored or repaired to the extent of the nonconformity prior to destruction; providing that restoration is begun within one year following said destruction and shall be carried on without interruption. Otherwise the nonconforming structure or building status shall be null and void. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
(3)
Replacement A nonconforming principal building or structure may be replaced only in conformance with the provisions of this chapter. This includes, but is not limited to, the removal of mobile or modular buildings or structures. If such a nonconforming principal building or structure is removed, it cannot be replaced unless it conforms to the regulations of this chapter.
(4)
Expansion. An existing principal building or structure which does not conform to building setback requirements may be expanded or altered provided the extension or alteration conforms to all dimensional requirements of this chapter and all other applicable regulations of this chapter.
D.
Nonconforming uses.
(1)
Continuance. Except as otherwise provided in this section, any nonconforming use, existing on or before the effective date of this chapter or created by an amendment to this chapter, may be continued indefinitely although such use does not conform to the requirements for the district in which it is located. Unless specifically provided by the Zoning Hearing Board for a particular use, no change of title or possession or any other change in status of a property on which a nonconforming use exists shall prevent the continuance of such nonconforming use.
(2)
Expansion and extension.
(a)
A nonconforming use existing on or before the effective date of this chapter may be expanded and extended within the limits of the lot of record upon which it existed upon on or before the effective date of this chapter or created by an amendment to this chapter as a matter of right provided that such expansion:
[1]
No nonconforming use shall be extended or expanded to displace a conforming use.
[2]
Does not exceed the maximum lot coverage set forth in Table 470-12 for the district which the nonconforming use would be permitted if it were located in the respective district, (i.e., any nonconforming industrial uses shall not exceed the maximum lot coverage for the Industrial District and likewise any nonconforming commercial uses not exceeding the maximum lot coverage for the Village or Waterfront Recreation District). If a use is permitted by right in multiple districts, the district which requires the least restrictive maximum lot coverage provision shall apply to said nonconforming use. However, if a use is permitted in multiple districts by right and by special exception, the district(s) in which the use is permitted by right shall be applicable.
[3]
Any extension or expansion shall conform to the dimensional criteria set forth in Table 470-12 and other requirements of the district in which said extension or expansion is located.
(b)
Upon application for a special exception, the Zoning Hearing Board may approve the extension of expansion of an existing nonconforming use onto an adjoining property subject to the following standards:
[1]
Any extension or expansion shall take place only onto a contiguous or adjoining lot created on or before the effective date of this chapter and held in the same ownership. The owner of the lot on which the nonconforming use is located must provide satisfactory evidence to show that he is also owner, or owner in equity, of the adjoining lot.
[2]
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located. If the owner/developer proposes to build over the adjoining property line, the two lots must be formally joined by having a subdivision plan approved by the Township Board of Supervisors prior to the issuance of any permit authorizing such construction.
[3]
Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
[4]
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control and maintenance in good condition of all improvements and open spaces.
[5]
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
[6]
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities except as provided for in § 470-47B.
[7]
A letter is obtained from the adjoining property owner(s) stating that there is no objection to the proposed expansion.
[8]
The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the proposed extension or expansion will not adversely affect the use or enjoyment of neighboring properties.
(3)
Change of use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the conditions set forth below:
(a)
Such change shall be permitted only as a special exception under the provisions of § 470-151 of this chapter.
(b)
The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted conforming use.
(c)
The applicant shall show that the proposed change will have equal or less impact than the existing nonconforming use with respect to:
(d)
The proposed nonconforming use is a permitted use in one or more zoning districts established in the chapter.
(e)
The Zoning Hearing Board may impose such additional requirements as may be reasonable to assure that the change of use will not adversely affect the use or enjoyment of neighboring properties.
(4)
Abandonment.
(a)
A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
(b)
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconformities existing therein or created thereby.
E.
Certificate of nonconformance.
(1)
An application for a certificate of nonconformance may be made to the Township by the owner of any nonconformity as the effective date of this chapter or as the effective date of an amendment or variance creating the nonconformity. This certificate affirms the legality of the nonconformance.
(2)
The certificate of nonconformance shall set forth in detail all the nonconforming conditions of said property as of the effective date of this chapter or as of the effective date of an amendment or variance creating the nonconformity.
(3)
The certificate shall be for the purposes of insuring such owner the right to continue the nonconformity; therefore, the certificate should be filed with the Township Zoning Officer within one year of the effective date of subsequent amendments or variance to this chapter, which creates a nonconformity.
(4)
The Township shall retain a copy of the certificate of nonconformance.
§ 470-48 Conservation of stream corridors.
A.
Any portion of a property located within 25 feet of the ordinary waterline of any stream or watercourse shown on the Zoning Map where soil disturbance is proposed shall:
(1)
Not be altered, regraded, filled, or used for any purpose, excluding agricultural land uses, except in conformance with this section.
(2)
Be comprised and maintained at all times, in an undisturbed vegetative buffer or filter strip to intercept sediment and pollutants from runoff occurring overland before they reach the stream, thereby protecting local water resources and the environment. The buffer shall consist of existing or new vegetation or a combination thereof, as in the following order or preference:
(a)
Existing hedgerow, woodlot, brush and/or uncultivated fields which are naturally occurring along the stream.
(b)
A combination of existing vegetation (such as above) and newly established vegetation.
(c)
A newly established area of trees, bushes and grasses, where no vegetation existed prior to development.
(3)
Where it is necessary to cross a stream or watercourse with a street, access road or driveway, such crossing shall be perpendicular to the thread of the stream or waterway, and shall minimize the disturbance to the vegetative filter strip. If any vegetation is proposed to be disturbed, the disturbed area must be replaced so that the resulting size of the vegetative filter strip remains the same.
(4)
Where it is necessary to provide for livestock crossings of a stream or watercourse, farmers must obtain a permit issued by the Pennsylvania Department of Environmental Protection. Additionally, farmers are encouraged to work with the York County Conservation District and Natural Resources Conservation Service (NRCS) to establish best management practices (BMPs) to protect the stream.
B.
Provisions and requirements set forth in § 470-48A(1) through (5) shall also apply to areas located within 25 feet of the ordinary waterline of the Susquehanna River.
§ 470-49 Water and sewer.
Public water and public sewer approved by the PA DEP must be utilized or else satisfactory evidence must be submitted to assure that the new or existing on-site system is capable of adequately serving the proposed use or additional units.