Lower Windsor Township, PA Zoning Ordinance

Lower Windsor Township
City Zoning Code

ARTICLE VI

Supplementary Use Regulations

§ 470-50 Purpose.

The purpose of this article is to provide additional requirements applicable to certain uses permitted by right or by special exception in the various zoning districts. These regulations are intended to supplement the district regulations contained in Article III.

§ 470-51 Requirement of specific standards.

In addition to the specific standards set forth in this article, in Article III, District Regulations, and in Article V, General Provisions, the general standards pertaining to uses permitted by special exception, as set forth in § 470-151F of this chapter, must be met prior to approval for said uses in applicable districts.

§ 470-52 Accessory garage apartment or rental cottage.

The use is clearly accessory to the single-family detached dwelling.

Only one accessory garage apartment or rental cottage shall be allowed per lot.

One development right is required for each accessory garage apartment or rental cottage.

The total building coverage for the principal dwelling, any other accessory structures, and the accessory dwelling together shall not exceed the maximum lot coverage requirement for the underlying district, where applicable.

In addition to all parking requirements for the principal dwelling, a minimum of one off-street parking space, with unrestricted ingress and egress, shall be provided for the accessory garage apartment.

§ 470-53 Adult regulated facility.

An adult regulated facility shall not be located within 250 feet of any residential use.

An adult regulated facility shall not be located within 1,000 feet of any church, school, library, park, playground, day-care center, or any other adult regulated facility.

Any building or structure used and occupied as an adult regulated facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film or services are exhibited or displayed; and no sale materials, merchandise, film or other offered items of service shall be visible from outside the building or structure.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film or service offered therein.

Each and every entrance to the structure shall be posted with a notice that the use is a regulated facility that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.

No unlawful sexual activity or conduct shall be performed or permitted.

No adult regulated use may change to another adult regulated use, except upon approval of an additional special exception by the Zoning Hearing Board.

§ 470-54 Agricultural equipment/machinery sales and service.

All activities and services shall be directed at meeting the needs of the farming community.

All structures shall be located at least 50 feet from all property lines, unless setback further by standards of the district in which located.

No unenclosed storage of parts, supplies, trash, or machinery that because of age or condition is inoperable shall be permitted. Storage of such items shall be either within a building or in an area at the side or rear of the principal building enclosed by a six-foot-high fence and screened from adjoining properties. No materials may be stored within the buffer area.

§ 470-55 Agricultural roadside stand, temporary.

The retail sale of agricultural products is permitted on the property where they were produced subject to the following regulations:

There shall not be more than one roadside stand on any one premises.

Building Size. Any building containing a roadside stand shall be at least 50 square feet but not greater than 100 square feet in size.

A roadside stand may be located in any yard area provided that it is at least 10 feet from the street.

Agricultural products, not produced on the property, may be sold on a property provided:

(1)

The products were produced on lands operated by the owner of the property on which they are being sold; and

(2)

The seller is an occupant of the property on which the products are being sold; and

(3)

The sale of such products is clearly accessory to the principal use.

Following the harvesting seasons, all structures and signage shall be moved to an area to the side or rear of the principal building and appropriately screened from view.

§ 470-56 Agricultural roadside stand, permanent.

There shall not be more than one roadside stand on any one premises.

Building size. Any building containing a roadside stand shall be at least 100 square feet but not greater than 250 square feet in size.

A roadside stand may be located in any yard area provided that, but shall be set back at least 25 feet from the street right-of-way.

No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold.

The floor area devoted to the sales of accessory processed food products and handicrafts identified in § 470-6 shall not exceed 50% of the total sales area. All accessory processed food products shall be produced on premises.

Parking shall conform to the regulations in Article V, except that paving shall not be required.

§ 470-57 Airport; airstrip.

All federal and state operational and safety requirements shall be met.

Lot area: 30 acres minimum.

The approach area to any of the proposed runways or landing strips shall not be located within 2,500 feet of the Residential or Village Districts including residential districts within adjacent municipalities.

Any building, hanger or structure shall be located a sufficient distance away from the landing strip in accordance with the recommendations of all applicable federal and/or state laws.

The applicant shall furnish evidence of the obtainment of license all applicable federal and/or state agencies to the Township prior to occupancy approval by the Township.

Irrespective of Subsections A through E above, all airports and airstrips shall comply with the regulations set forth in § 470-21, Airport District Overlay, of this chapter.

§ 470-58 Animal hospital or veterinary clinic.

The primary use shall be the medical attention and professional care of animals, with incidental boarding only of animals receiving treatment.

All animal boarding buildings that are not completely enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard and screened from adjoining properties and shall be a minimum of 100 feet from all property lines.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be setback a minimum of 10 feet from all property lines.

Accumulation and storage of manure or other odor producing substances shall not be permitted in the V District.

The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous waste.

Any animal hospital or veterinary clinic in the Village District providing care to livestock and other large animals not customarily household or domestic pets shall maintain a minimum lot size of two acres and provide buffering and screening in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

§ 470-59 Bed-and-breakfast inn.

Maximum guest stays shall be limited to 14 consecutive days.

There shall be a maximum of four guest rooms in the AG and R Districts.

There shall be a maximum of six guest rooms permitted in V and WR Districts.

No external appearance modification of the building which would alter the residential character is permitted, except for the provision of fire escapes.

The inn must comply with local regulations including but not limited to fire, health and building codes.

Meals shall be offered only to registered overnight guests.

Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family detached dwelling.

§ 470-60 Boardinghouse or rooming house.

A rooming house or boardinghouse shall be owner-occupied.

The lot on which such building is located must have a lot area, in addition to other area requirements of the ordinance, of not less than 1,500 square feet for each person for who accommodation is provided.

Not more than six boarders/roomers shall be provided for upon any lot or in any single building.

Minimum periods of residency for all boarders/roomers shall be one week.

No facilities for cooking or dining shall be provided in individual rooms or suites.

All rooming houses and boardinghouses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and buildings.

§ 470-61 Boat launching facility, boat storage facility, or marina.

Outside areas for dry storage, repair and/or maintenance of watercraft shall be screened in accordance with § 470-39 of this chapter.

No major repairs (i.e., fiberglassing, spray painting, sanding) shall be permitted in an outdoor boat storage facility.

Each interior roadway, parking area and walkway shall be designed to preserve natural features including but not limited to trees with a diameter of greater than six inches at 4 1/2 feet from ground level. All trees with a diameter of greater than six inches measured at 4 1/2 feet from ground level removed shall be replaced on site with trees having a minimum diameter of two inches measured at 4 1/2 feet from ground level.

Lighting shall not cause reflections on the surface of the water that will constitute a hazard to navigation or cause reflections or glare on adjoining properties or streets.

Trash containers shall be placed throughout the lot and may not be permitted to overflow, cause objectionable odors or facilitate the breeding of vermin or insects.

Fencing shall be installed to provide security for boats and equipment in outdoor storage areas.

§ 470-62 Campground.

Minimum lot area: 10 acres.

Maximum impervious coverage: 10%.

Setbacks. All campsites shall be located at least 75 feet from any property line.

Each campsite shall be at least 500 square feet in size and shall provide parking space for one automobile which will not interfere with movement of traffic or provide equivalent parking in a common parking area.

There shall be a maximum of 15 recreational vehicles per acre of lot area in any campground.

An internal road system shall be provided. The pavement width for the access drive entrance way shall be at least 24 feet. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free, dust-free condition.

All outdoor play areas shall be set back at least 100 feet from any property line and screened from adjoining properties.

Consideration shall be given to traffic problems. If the nature of the campground is such that it will generate a high volume of vehicular traffic, then access should be via a collector street as designated by the Township's Comprehensive Plan.

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

Any accessory retail or service commercial uses shall be set back at least 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for such uses shall have vehicular access from the campground's internal road rather than the public street.

A site manager shall be available on the site 24 hours per day.

The campground must comply with all applicable state and local laws and regulations.

§ 470-63 Convalescent home or nursing home.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-64 Day-care center.

Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance. Operators shall provide copies of all certificates and licenses to the Township prior to occupancy approval by the Township.

Outdoor recreation or activity areas must be located in a side or rear yard and buffers and screens shall be provided as necessary to adequately provide for the health and safety of the individuals receiving care. This includes, but is not limited to, fences, walls, and plantings.

§ 470-65 Domiciliary care home.

The facility must be certified by the York County Area Agency on Aging prior to occupancy approval by Lower Windsor Township.

Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family detached residence.

The domiciliary care home must be owner occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.

No facilities for cooking or dining shall be provided in individual rooms or suites.

The home must comply with all local regulations including but not limited to fire, health and building codes.

§ 470-66 Family day-care home or group day-care home.

Outdoor play areas for children shall be enclosed by a fence, wall or other means to provide for the health and safety of the children as determined by PA Department of Human Services.

There shall be a minimum of two caregivers at all times when there are more than six persons being cared for present.

Day-care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a single-family detached dwelling.

§ 470-67 Group home.

A group home must be licensed where required by an appropriate government agency(ies), and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be presented to the Township prior to issuance of a use certificate.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

No kitchen or dining facilities shall be permitted in individual sleeping quarters or suites.

The facility must meet all applicable fire, health, safety, and building codes.

§ 470-68 Personal care boarding home.

No kitchen or dining facilities shall be permitted in individual rooms or suites.

The facility must meet all applicable fire, health, safety and building codes.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

§ 470-69 Cemetery.

All burial plots or facilities shall be located at least 100 feet from all property or street lines.

Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

No burial plots or facilities are permitted within the Restricted Development Overlay.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Pet cemeteries must meet all of the above applicable requirements.

§ 470-70 Club room, club grounds, or meeting hall.

All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

Any accessory outdoor trap, skeet, rifle, pistol or archery range must meet the requirements of § 470-112.

Parking areas must be set back at least 50 feet from any adjoining agricultural use or residential use or district.

§ 470-71 Commercial recreational facility, indoor.

All activities shall take place in a completely enclosed building.

The applicant shall furnish evidence as to how the use will not constitute a nuisance due to noise or loitering outside the building.

Any exterior lighting shall be directed away from all adjoining properties.

§ 470-72 Commercial recreational facility, outdoor.

Exterior lighting shall be directed away from all adjoining properties in accordance with § 470-41 of this chapter.

Depending upon the specific nature of the proposed use, additional screening or buffering may be required to protect adjoining properties.

Existing trees and vegetation shall be preserved to keep the area natural. All trees with a diameter at breast height (DBH) of greater than six inches removed shall be replaced on site with trees having a minimum DBH of two inches.

§ 470-73 Communication facilities.

No storage yard shall be operated in connection with such use except in the Industrial District.

Climbing access to the tower shall be secured from use by unauthorized persons.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any exterior lighting shall be directed away from all adjacent properties in accordance with § 470-41 of this chapter.

These standards shall apply to those communications facilities not covered by § 470-137 herein.

§ 470-74 Convenience store, convenience store dispensing fuel, or vehicle fueling station.

Access drives must be provided in accordance with§ 410-31B of Chapter 410, Subdivision and Land Development, and must be located as follows:

(1)

Minimum offset from intersection of street right-of-way lines: 40 feet.

(2)

Side lot line offset: 10 feet.

(3)

Minimum width: 12 feet.

(4)

Maximum width: 35 feet.

(5)

Minimum separation of drives on same lot: 25 feet.

Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

All lights must be diverted toward the fueling station or convenience store or downward on the lot.

No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

Fuel pumps must be set back at least 20 feet from the street right-of-way line.

§ 470-75 Cottage industry.

Documentation shall be presented to the Township that the handling and disposal of residual or hazardous wastes shall be in accordance with standards and regulations established by the Commonwealth of Pennsylvania, in Chapters 260 through 285 of Title 25 of the Pennsylvania Code, and by the U.S. Environmental Protection Agency, in 40 CFR Ch. I.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

A cottage industry may be permitted as accessory to a principal residential use in the V and WR Districts provided that:

(1)

Only one cottage industry may be permitted as an accessory use to the principal residential use of the property.

(2)

The cottage industry must be conducted within a completely enclosed building. Where feasible, the cottage industry shall be conducted within an existing building on the property.

(3)

The cottage industry shall not be subdivided or separated from the principal use of the property.

§ 470-76 Crematorium.

The unit must be located so as not to create a fire hazard, be in a well-ventilated area and be secured when not in use.

The building must be located at least 300 feet from any adjoining property lines.

The facility must comply with all applicable state and local laws and regulations, including but not limited to water systems, sewage disposal systems and solid waste disposal systems.

§ 470-77 Dwelling, caretaker/watchman.

The use is clearly accessory to the principal use.

The minimum lot area for the principal use: 20 acres.

Except in the Industrial District, one development right is required for each caretaker dwelling.

§ 470-78 Dwelling, group quarters.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.

All group quarters shall comply with all applicable building, health and fire codes.

§ 470-79 Dwelling, multifamily.

Distance between buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.

Length of buildings: 200 feet maximum.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

No building for multifamily dwellings shall contain more than 16 dwelling units.

[Amended 8-8-2024 by Ord. No. 2024-02]

§ 470-80 Dwelling, single-family attached.

No grouping shall contain more than eight dwelling units nor exceed an overall length of 200 feet.

Both public water and public sewer approved by the PA DEP must be utilized; or if not available, satisfactory evidence must be submitted to assure that the existing on-site disposal system is capable of adequately serving the proposed use or additional units.

§ 470-81 Dwelling, temporary housing for farm workers.

There shall be a minimum farm parcel size: 50 acres.

The temporary housing shall take place on farm parcels only during the harvesting season, and not to exceed 120 consecutive days.

The housing units must be temporary and clearly accessory in nature; that is either mobile homes or manufactured homes capable of being removed if no longer used for temporary housing for farm workers.

The housing units must comply with all applicable state and local laws and regulations.

The housing units shall be used to house seasonal farm laborers only. No more than eight occupants shall be permitted on the site.

§ 470-82 Dwelling, temporary recreational.

A permit must be obtained from the Township for each recreational dwelling site prior to the placement of a temporary recreational dwelling on a lot.

Only one temporary recreational dwelling shall be permitted per lot.

Temporary recreational dwellings may not remain on the lot for more than 180 consecutive days.

No permanent external appurtenances such as carports or patios may be attached to any temporary recreational dwellings.

§ 470-83 Drive-in business, drive-through business.

The subject property shall front on a collector road as designated by the Township's Comprehensive Plan.

Drive-through curb cuts and access drives shall be a maximum width of 12 feet for one-way in addition to all provisions set forth in § 410-31B of Chapter 410, Subdivision and Land Development.

Drive-through windows shall be located on the side or rear of buildings.

All drive-in and drive-through lanes shall be separated from the parking lot's passageways and interior access drives providing access to parking spaces.

Any exterior speaker/microphone system shall be arranged and/or screened so that it cannot be heard from beyond the property line.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

On-site stacking lanes shall accommodate eight vehicles waiting to utilize the drive-in business and shall be situated to prevent vehicle backups onto adjoining roads.

§ 470-84 Eating establishment.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

§ 470-85 Family farm support business.

The owner or occupant of the farm must be engaged in the family farm support business.

The use is clearly accessory to the principal farm use.

Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm support business is located.

Agritourism uses accessory to an existing and working farm shall comply with the following.

(1)

The use must be incidental to and directly supportive of the agricultural use of the property.

(2)

Agritourism uses shall include but are not limited to the following:

(a)

Agricultural roadside stands: see §§ 470-55 and 470-56 herein.

(b)

Cut-your-own Christmas tree operations and similar you-pick fruit and vegetable operations.

(c)

Wineries, breweries, ice cream and cheese-making operations, bakeries, and other specialty agricultural food products.

(d)

Farm-related tours, museums and agricultural exhibits, crop identification and other educational programs, corporate events, company picnics, weddings and special events.

(e)

Rodeos, agricultural fairs and festivals, horseback riding, corn mazes, haunted houses and hayrides, and wagon and sleigh rides.

(3)

All parking shall be provided on site.

(4)

Sanitary facilities shall be provided in accordance with PA DEP requirements.

(5)

If applicable, prior to the issuance of a zoning permit, all applicants shall submit a sketch identifying the location of the agritourism enterprise, all farm buildings, dwellings, existing and proposed driveways, access drives, parking areas, vehicle turn around areas, location of sanitary facilities (if required), and buffering and landscaping.

(6)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

(7)

The uses shall comply with Chapter 281, Article I, Noise Control Measures for Agritainment Businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 470-86 Farm market.

Activities and services shall be directed at meeting the needs of the farming community.

§ 470-87 Feed and grain mill.

Activities and services shall be directed at meeting the needs of the farming community.

All grain storage facilities, conveying apparatuses, drying chamber and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

§ 470-88 Forestry.

Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts, subject to the following regulations.

For all timber harvesting operations, the landowner shall notify the Township Zoning Officer at least three business days before the operation commences and within three business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.

The proposed forestry activity shall be in compliance with all applicable state laws and regulations including, but not limited to, Pennsylvania Clean Streams Law and Pennsylvania Dam Safety and Encroachments Act.[1]

[1]

Editor's Note: See 35 P.S. § 691.1 et seq. and 32 P.S. § 693.1 et seq., respectively.

An erosion and sedimentation pollution control plan in accordance with§ 410-21 of Chapter 410, Subdivision and Land Development, shall be submitted prior to any forestry activity.

Pursuant to 75 Pa.C.S.A. Chapter 49, and Chapter 189 of Title 67 of the Pennsylvania Code,, the landowner and the timber harvesting operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic and may be required to furnish a bond to guarantee the repair of such damages.

§ 470-89 Funeral home.

All off-street stacking for the formation of the funeral procession shall be provided on the site. No funeral procession will be allowed to form on public streets.

§ 470-90 Greenhouse; horticultural nursery.

The display and sale of items not grown on the premises shall be incidental to the greenhouse/nursery operation. The display and sales area for those items shall be limited to not more than 25% of the total gross display and sales area on the property.

The display, sale and/or repair of power tools or motorized nursery, lawn or garden equipment shall not be permitted.

§ 470-91 Golf course.

The minimum lot size shall be:

(1)

Forty-five acres for a par 3, eighteen-hole course; and

(2)

Sixty acres for a nine-hole or executive course; and

(3)

One hundred acres for a regulation eighteen-hole course.

The golf course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.

All golf course buildings shall be set back at least 75 feet from any adjoining streets and at least 100 feet from any adjoining residential structures.

A golf course may include the following accessory uses:

(1)

A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

(2)

Golf car maintenance and equipment storage service facilities.

(3)

Practice putting greens and driving range with outdoor lighting.

§ 470-92 Halfway house.

A halfway house must be licensed where required by an appropriate government agency(ies), and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be presented to the Township prior to issuance of a use certificate.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

All halfway houses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-93 Heavy equipment storage, sales and/or service.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped and including screening in accordance with § 470-39 of this chapter, have no impervious cover and shall not be used for building, parking, loading or storage.

Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.

No toxic or hazardous materials may be stored on any property, except in compliance with applicable state regulations.

§ 470-94 Home occupation or profession.

Subject to the requirements below, the following home occupations may be authorized only in a dwelling unit or accessory building in all districts: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician and similar service occupations and professions which have minimal impact on the surrounding area.

Employees. No person other than a resident of the dwelling unit may practice the occupation. No more than two persons shall be employed to provide secretarial, clerical or other assistance.

Pupils. No more than two pupils may receive instruction at a time.

Coverage. Not more than 30% of the habitable floor area of the dwelling unit may be devoted to a home occupation. If located in an accessory building(s), the total area devoted to home occupations(s) shall not exceed an area equal to 50% of the habitable floor area of the dwelling unit.

Appearance. The character or external appearance of the dwelling unit must be that of a dwelling. No display of products may be shown so as to be visible from outside the dwelling or accessory building.

Parking. Besides the required parking for the dwelling unit, additional parking is required as follows for each home occupation:

(1)

Two spaces for the home occupation and one space for each nonresident employee, plus;

(2)

Two additional spaces shall be provided for a physician, dentist, barbershop or beauty shop.

(3)

Garages shall not be considered parking area for home occupations. Each space provided shall not have direct access to the street to avoid vehicles backing into the flow of traffic.

Sales. There shall be no stock-in-trade stores nor commodities kept for sale that are not goods produced on the premises or used in connection with the permitted home occupation.

Additionally, to encourage the adaptive reuse of accessory buildings in the AG District, the following types of home occupations shall be permitted, only within the Agricultural District in an accessory building constructed on or before the effective date of this chapter: auctions, agricultural equipment repair, farm market, veterinary, riding academy or boarding stable, kennel, indoor commercial recreational establishment, vehicle repair, saw sharpening, woodworking, blacksmithing, custom manufacturing, and similar small shop type work, storage and warehousing and shall comply with the following:

(1)

Appearance. No display of products may be shown so as to be visible from outside the dwelling or accessory building.

(2)

No exterior modification or addition to the accessory structure, except those which are necessary to meet Labor and Industry or ADA requirements and those which do not constitute a substantial enlargement or improvement as defined in Article II, shall be permitted.

(3)

Storage. Any associated storage must be either within a totally enclosed structure or within an area to the side or rear of the principal building and appropriately screened from view.

(4)

For home occupations involving vehicle repair, no more than two vehicles not owned by the property owner shall be stored on the property at any one time unless stored within a totally enclosed structure.

In all districts, any home occupation requiring the construction of an accessory building after the effective date of this chapter shall be permitted by special exception and be subject to the provisions provided herein.

§ 470-95 No-impact home occupation or profession.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The business may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activities.

§ 470-96 Hospital.

Hospitals shall be registered and licensed by the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of such licensing bodies.

Lot area: five-acre minimum.

Access shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-97 House of worship.

Buffers and screens shall be provided in accordance with § 470-39 to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any associated residential use shall be located on a separate lot meeting all applicable dimensional criteria of the district in which located. The residential use shall be subject to all applicable regulations of this chapter.

Any associated administrative office, educational or day-care uses shall be accessory and located on the same lot as the house of worship.

§ 470-98 Industrial activities.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

Buffers. When adjacent to the Village District or residential property, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-99 Industrial park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as industrial activities and professional and business offices in § 470-6, and contractor's offices shall be permitted.

Access. Primary access shall be via a collector street as designated in the Township's Comprehensive Plan. Truck traffic going to and from the industrial park shall be permitted only on nonresidential streets.

All internal access drives providing access to parcels within the park shall be a minimum of 24 feet in width and be constructed to Township specifications including but not limited to § 410-31B of Chapter 410, Subdivision and Land Development. Such access drives shall remain private.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-100 Junkyard or salvage yard.

This use is subject to the requirements set forth in the adopted Lower Windsor Township Junkyard Ordinance, Ordinance No. 2010-01, or most recently amended.[1]

[1]

Editor's Note: See Ch. 257, Junkyards and Junk Dealers.

§ 470-101 Kennel.

All kennels shall be licensed by the Commonwealth of Pennsylvania and shall be constructed and maintained in accordance with the Pennsylvania "Dog Law," P.L. 784, No. 225, Dec. 7, 1982, as amended.[1] The applicant shall provide proof of license at time of application.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

Lot area: two acres.

All animal boarding buildings that are not completely enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard and shall be a minimum of 100 feet from all property lines.

All animals must be housed within a structure except while exercising.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back at least 10 feet from all property lines.

Documented evidence must be presented to the Township indicating that disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

Where such use is adjacent to residential properties, buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

§ 470-102 Marine rental, sales and service.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior marine vehicle storage areas shall be screened from view of any adjoining residential use.

§ 470-103 Medical clinic.

Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:

(1)

All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.

(2)

The hours during which these services are provided shall be the same as those during the regular operation hours of the principal clinic.

Necessary permits regarding water supply and sanitary waste disposal shall be provided.

§ 470-104 Mineral extraction or recovery operation.

Operational requirements.

(1)

General.

(a)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(b)

May not adversely affect any public or private water supply source.

(c)

May not adversely affect the logical, efficient, and economical extension of public services, facilities and utilities throughout the Township.

(d)

May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners.

(e)

May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the operation.

(f)

Must comply with all current applicable federal, state and local regulations.

(2)

Fencing. A substantial fence or earthen barrier measuring at least six feet in height must surround the area of actual quarrying to prevent unauthorized persons from entering the area to their potential endangerment.

(3)

Screens. Where adjacent to a residential use or Village District or a public street right-of-way or where a mineral extraction or recovery operation will substantially impair the beauty and character of the surrounding countryside, trees and shrubs must be planted, or attractive earth barriers erected to screen the operation, as far as practical, from normal view.

(4)

Access. Truck access to any mineral extraction or recovery operation shall be via a collector street as designed by the Township's Comprehensive Plan, and arranged as to minimize danger to traffic and nuisance to neighboring properties.

(5)

Setbacks From residential uses or Village District: Where the lot or parcel of land which is the site of mineral extraction or recovery operations is adjacent to a residential use or Village District:

(a)

No stockpiles, waste piles or processing equipment may be closer than 1,000 feet to the residential use or Village District.

(b)

No part of the mineral extraction or recovery pit, private access road, truck parking area, scales or operational equipment may be closer than 500 feet to the residential use or Village District.

(6)

Setbacks from public streets. No part of a mineral extraction or recovery pit, stockpiles, waste piles, processing equipment, scales, operational equipment or truck parking area may be closer than 100 feet to a public street right-of-way line.

(7)

Other setback requirements.

(a)

Except for setbacks specified in Subsection A(5) and (6) above, no part of a mineral extraction or recovery pit, stockpiles, waste piles, or processing equipment may be closer than 200 feet to a property line.

(b)

Except for setbacks specified in Subsection A(5) and (6) above, no private access road, truck parking area, scales, or operational equipment, may be closer than 100 feet to a property line.

Rehabilitation requirements for mineral extraction or recovery operations.

(1)

Rehabilitation required. Within two years after the termination of mineral extraction or recovery operations, the area of actual quarrying operations must be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.

(2)

Rehabilitation standards. In rehabilitating the area of actual mineral extraction or recovery operations, the owner or operator must comply with the following standards:

(a)

Slope. The slope of earth material in any excavated pit must not exceed the angle of slippage.

(b)

Topsoil and ground cover. Where filling of the pit is desirable and economically feasible, the fill must be a kind and depth to sustain grass, plants or trees and such must be planted.

(c)

Drainage. To prevent any silt, erosional debris, or other loose material from filling any existing drainagecourse or encroaching on state or Township roads or private property, all surface drainage existing or developing by or through the top-soil site must be controlled by dikes, barriers, or drainage structures. All measures to control natural drainage or floodwater must meet with the approval of the Zoning Hearing Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(d)

Removal of mineral extraction or recovery structures and equipment. Within two years after termination of operations, all structures and equipment must be removed, except where the structures and equipment is still used for processing earth material for other properties. If substantially covered, foundations and piers may be left in the ground.

Application, operation, and rehabilitation information for mineral extraction or recovery operations. In order to keep the Zoning Officer abreast of impending termination of mineral extraction or recovery operations and plans for rehabilitation as well as operational activities which he has a duty to check, each mineral extraction or recovery operation owner or operator must submit to the Zoning Officer, annually in the month of October, the information following:

(1)

Ownership and acreage of the land which is the site of mineral extraction or recovery operations, including all land held under contract or lease;

(2)

Type of earth resources extracted or recovered;

(3)

Present depth of excavations;

(4)

The probable effect of blasting and other excavation methods upon existing and permitted uses in the area surrounding the mineral extraction or recovery site;

(5)

Map, at a scale of one inch equal 100 feet, or such other scale acceptable to the Township, showing:

(a)

All land owned or under operation contract or lease;

(b)

Lot or land from which minerals will be extracted or recovered;

(c)

As practical, contours at twenty-foot intervals extending beyond the site to the nearest public street or highway;

(d)

Private access roads and abutting streets and highways;

(e)

Location of all structures;

(f)

Location of stockpiles and waste piles;

(g)

Title, scale, North point, and date; and

(h)

Fencing and screen planting;

(6)

The proposed reuse of the land to be quarried;

(7)

Plantings or other planned special features of rehabilitation;

(8)

The proposed methods by which rehabilitation is to be accomplished; and

(9)

A listing of those roads contained within the Township that are to be used by hauling trucks from the mineral extraction or recovery operation.

§ 470-105 Mini storage facility.

There may be one caretaker/watchman dwelling unit constructed in conjunction with this use, which, except in the Industrial District, requires the use of one development right.

Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 24 feet wide where access to storage units is on both sides of the aisle.

If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.

The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities shall be conducted within the storage units.

The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.

If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.

All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property in accordance with § 470-41 of this chapter.

§ 470-106 Mobile home park.

This use is subject to the requirements set forth in Article VII of Chapter 410, Subdivision and Land Development.

The Zoning Hearing Board may require screen planting, or may further restrict the proximity of mobile homes or other improvement to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.

A mobile home park and extension thereof shall also comply with all applicable state and/or local regulations.

§ 470-107 Mobile home sales lot.

The lot shall be improved with a building containing an office, display room and appurtenant facilities having an area of not less than 1,000 square feet.

§ 470-108 Motel or hotel.

§ 470-109 Multifamily residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a multifamily dwelling, the residential character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-110 Noncommercial keeping of animals.

Such use shall be accessory and clearly incidental to the primary use of the property for residential purposes. Livestock, small animals or poultry shall be kept for pleasure or to provide food for the residents of the premises where the livestock are kept.

Except in the AG District, minimum lot area: five acre.

In no event shall the number of livestock, kept on any lot, exceed 20.

All poultry, livestock and small animals shall, except while pasturing, grazing, feeding or exercising, be housed in a building erected and maintained for that purpose. Such buildings shall only be located in the rear yard; shall be set back at least 50 feet from any property line and shall be no closer than 100 feet to any existing residence on adjacent land.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals or poultry. All such enclosures shall be set back at least 10 feet from any property line.

Documentation indicating the methods and schedule of storage and disposal of all livestock, small animal and poultry wastes so as not to be objectionable at the site's property line or create a public health hazard or nuisance shall be presented to the Township.

Except in the AG District, no new agricultural buildings, shall be constructed which by their size and nature, will inhibit future residential, commercial or industrial uses.

§ 470-111 Office, professional or business.

§ 470-112 Outdoor shooting range.

The applicant shall present documentation to the Township demonstrating how the use will utilize industry approved safety techniques with regards to adjacent properties.

The applicant shall provide the Township with evidence demonstrating noise created by the use will not negatively impact the adjacent properties.

Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property or street right-of-way line. The use must also be located at least 1,000 feet from any existing residential use, Village or Residential District.

An earthen background berm must be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. Such berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target. The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.

Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in Subsection D above.

Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.

Warning signs must be posted at no more than 50 feet intervals at least 10 feet from the outside of the berms.

The firing range shall be free of gravel and other hard surface materials and be drained in accordance with § 470-40 of this chapter and all applicable Township stormwater and drainage standards.

Adult supervision must be provided for children less than 16 years of age.

Hours of operation shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.

§ 470-113 Park.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by a traffic impact study pursuant to § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.

Where applicable, the Zoning Hearing Board shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use to minimize adverse impacts on adjacent properties.

Existing trees and vegetation shall be preserved, to the extent possible, to keep the area natural. All trees proposed to be removed with a diameter of greater than six inches measured at 4 1/2 feet from ground level shall be replaced on site with trees having a minimum diameter of two inches measured at 4 1/2 feet from ground level.

§ 470-114 Parking garage or parking lot.

Paved areas shall be no closer than 10 feet from any property line, lot line or street line, except for entrances or exit drives.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces. In addition, all surface parking lots shall provide a solid landscape screen, earthen berm or wall no less than three feet in height along its perimeter adjacent to residential properties.

§ 470-115 Personal service business.

§ 470-116 Public services office.

Outdoor storage of materials, vehicles and related equipment shall be prohibited in the Residential District. Outdoor storage in other districts shall be completely enclosed with a six-foot-high fence and screened from adjoining streets and property lines.

§ 470-117 Public utilities.

In the R and WR Districts the storage of vehicles or equipment used in the maintenance of a utility shall not be permitted. In all other districts, all outdoor storage shall be enclosed with a fence or wall not less than six feet in height. If adjacent to a residential use or district, such fence or wall must be surrounded by evergreen plantings.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

In the R, V and WR Districts, the external design of the building (to the extent possible) shall be in conformity with the buildings in the surrounding area.

There shall be no specific minimum lot size or lot width, however, each lot shall provide front, side and rear yard setbacks in accordance with the district in which located.

This section shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by the other parties, and otherwise exercise the rights of a party to the proceedings.

§ 470-118 Research and development laboratory.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant§ 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

Accessory buildings, when such are required for the function of the principal use(s), are permitted provided that all such accessory buildings comply with all setbacks, and screening as are required for principal buildings.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-119 Research and development park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as a "research and development laboratory" in § 470-6 shall be permitted.

Access. Primary access shall be via a collector street as designated in the Township's Comprehensive Plan.

Buffers. When adjacent to the Village or Residential District or residential use, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.

All internal access drives providing access to parcels within the Park shall be a minimum of 24 feet in width and be constructed to Township specifications including but not limited to § 410-31B of Chapter 410, Subdivision and Land Development. Such access drives shall remain private.

Warehousing or storage of products for distribution shall be permitted only if such is an accessory use and involves products created or used in relation to the principal use or products used in research, testing, design, technical training or experimental product development. Warehousing, storage and distribution activities shall not be permitted as principal uses.

No temporary structures or trailers will be permitted except during construction of the facility.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

Outdoor storage of goods or materials shall be prohibited.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-120 Retail store or shop.

Retail store or shop is permitted by right to a maximum building ground square footage of 20,000 square feet in the Village, Waterfront Recreation, and Industrial Districts and by special exception granted by the Zoning Hearing Board for structures in excess of 20,000 square feet of building gross square feet in the Industrial District.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to adequately protect neighboring properties. This shall include, but is not limited to, fences, walls, planting, and open spaces.

§ 470-121 Riding academy; boarding stable.

All animals, except while exercising or pasturing, shall be confined to a building erected for that purpose.

All stalls shall be maintained so as to minimize odors.

All outdoor training or show facilities or areas shall be set back at least 50 feet from all property lines.

All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence which shall be located at least 10 feet from all property lines.

All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance.

§ 470-122 Sawmill operation.

No saw or other machinery shall be less than 75 feet from any property or street right-of-way line.

All power saws and machinery shall be secured against tampering and locked when not in use.

All machinery used in the sawmill operation shall be located at least 500 feet from any Residential or Village District or residential use.

Buffers. When adjacent to the Village District, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.

No sawmill shall operate between the hours of 10:00 p.m. and 6:00 a.m., including shipping and receiving raw and finished materials.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, a high volume of vehicular traffic then access should shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-123 School, commercial.

§ 470-124 School, public or private.

§ 470-125 Shopping mall, center or plaza.

Access must be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-126 Solid waste disposal and/or processing facility; resource recovery facility.

Any processing of solid waste including, but not limited to, incineration, composting, shredding, compaction, material separation, recycling, refuse derived fuel and pyrolysis shall be conducted within a wholly enclosed building.

No solid waste shall be deposited or stored and no building or structure shall be located within 200 feet of any property line or within 500 feet of any residential use or land within Village District.

A buffer yard, at least 75 feet wide, shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.

Any area used for the unloading, transfer, storage, processing, incineration or deposition of solid waste must be completely screened from ground level view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.

All uses shall provide stacking lanes no less than 500 feet in length into the facility, so that vehicles waiting to be weighed will not backup onto public roads.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences at gates or other positive means designed to deny access to the area at unauthorized times or locations.

Hazardous waste as described by the PA DEP shall not be disposed of within the proposed facility.

The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leak and vector proof containers. Such containers shall be designed to prevent their being carried by wind or water.

All storage of solid waste for incinerators as defined in § 470-6 of this chapter shall be indoors in a manner that is leak and vector proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours.

A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

(1)

In addition, a water feasibility study must be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Township Engineer.

(2)

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Township.

(3)

A water feasibility study shall include at a minimum the following information in addition to the provisions set forth in § 410-20 of Chapter 410, Subdivision and Land Development:

(a)

Calculations of the projected water needs;

(b)

a geologic map of the area with a radius of at least one mile from the site;

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with notation of the capacity of all high-yield wells;

(d)

The location of all existing on-lot sewage disposal systems within one 1,000 feet of the site;

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(f)

Based on the geologic formation(s) underlying the site the long-term safe yield shall be determined;

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road; and

No use certificate shall be issued for a solid waste disposal and/or processing facility or resource recovery facility until the operator shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the PA DEP and has been permitted in writing by said agency.

§ 470-127 Stockyard.

All live animals held outside shall be within secure holding pens or runways.

All storage, handling and disposal of animal wastes shall comply with provisions set forth by the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Buffers. When adjacent to any residential lot or district, a buffer yard of not less than 150 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-128 Tavern.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to adequately protect neighboring residential properties from any adverse effects of the use or vehicular traffic. This includes, but is not limited to, fences, walls, plantings and open spaces. In addition, all parking areas adjacent residential properties will provide a solid landscape screen, earthen berm or wall no less than three feet in height along its perimeter.

The use shall not constitute a public or private nuisance.

The use must be more than 300 feet from any church, hospital, charitable organization, school or public playground.

The use must be more than 200 feet from any other facility licensed by the Pennsylvania Liquor Control Board.

The use shall meet all applicable state and local regulations.

§ 470-129 Truck or motor freight terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

A buffer yard at least 150 feet wide must be located on the terminal site in all situations where the site adjoins the Village or Residential District or a residential use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for parking, building, loading or storage purposes.

Storage of materials shall conform to all applicable state and federal regulations.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-130 Two-family residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a two-family dwelling, the character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-131 Vehicle sales or rental facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

In accordance with § 470-39 of this chapter, all exterior vehicle storage areas shall be screened from view of any adjoining the Village or Residential District or residential use.

The storage of unlicensed vehicles on the premises is prohibited, except for new or used vehicles that are "for sale" or are considered "rental."

All merchandise, except vending machines, shall be stored within a building.

If gasoline pumps are to be installed, all requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied. Retail sale of gasoline is prohibited.

The outdoor stockpiling of tires is permitted only in an area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

§ 470-132 Vehicle repair and service facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior vehicle storage areas shall be screened from view of any adjoining residential district or use in accordance with § 470-39 of this chapter.

If gasoline pumps are to be installed, all special exception requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied.

All vehicles shall be repaired and removed from the premises within a six-week period.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-133 Vehicle washing facility.

Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.

Stacking lanes that accommodate a minimum of three vehicles per washing bay shall be provided to prevent vehicle backup on adjoining roads.

A water feasibility study in accordance with§ 410-20 of Chapter 410, Subdivision and Land Development, must be submitted to assure that adequate water supply is available and will not adversely affect neighboring properties.

§ 470-134 Warehouse.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-135 Wholesale establishment.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-136 Wholesale vehicle sales terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

A buffer yard, at least 75 feet wide, must be located on the terminal site in all situations where the site adjoins the Village or Residential District or residential use. This yard shall be naturally landscaped, have no impervious cover, and shall not be used for parking, building, loading or storage purposes.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-137 Wireless communications towers and antennas.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a wireless communications tower and/or wireless communications antennas.

The applicant shall demonstrate that the proposed wireless communications tower and/or antenna comply with all applicable standards established by the Federal Communications Commission, Federal Aviation Administration and Commonwealth Bureau of Aviation regulations.

Any applicant proposing the construction of a new wireless communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the wireless communications antenna on an existing building, structure, or other wireless communications tower. Written documentation of such good faith effort shall be provided with the special exception application. A good faith effort shall require that all owners of potentially suitable structures within a one-mile radius of the proposed wireless communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

(1)

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and that reinforcement cannot be accomplished.

(2)

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and that the interference cannot be accomplished.

(3)

The existing structures are not of adequate location, space, access, or height to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.

(4)

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(5)

A commercially reasonable agreement could not be reached with the owners of such structures.

The following standards shall apply to wireless communications antennas co-located on an existing building, structure, wireless communications tower or Public Utility transmission tower.

(1)

No wireless communications antenna shall be located on any single-family detached dwelling.

(2)

Evidence shall be submitted from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(3)

Detailed construction and elevation drawings shall be submitted.

(4)

Copies of all installation and maintenance agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted shall be provide to the Township.

(5)

All wireless communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(6)

Wireless communications antennas shall not cause radio frequency interference with other communications facilities located in Lower Windsor Township.

Access to the wireless communications tower and wireless communications equipment building shall be provided by means of a public street or easement to a public street.

A Wireless communications tower may be located on a lot occupied by other principal structures, and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the applicable zoning district.

The applicant shall demonstrate that the proposed height of the wireless communications tower is the minimum height necessary to perform its function; provided, however, that the maximum height of any wireless communications tower shall be 150 feet.

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed wireless communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Lower Windsor Township Building Code,[1] if any.

[1]

Editor's Note: See also Ch. 180, Construction Codes.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address, and emergency telephone number for the operator of the Wireless Communications Tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wireless communications tower and wireless communications antennas.

The applicant shall sign a tower removal agreement, with language satisfactory to the Lower Windsor Township Solicitor, providing that if a wireless communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the wireless communications tower within six months of the expiration of such twelve-month period. The agreement shall include a tower removal bond of sufficient amount, as determined by the Township Engineer, to enable the removal of the tower by the Township should the applicant fail to meet the provisions of the tower removal agreement.

The applicant shall demonstrate that the proposed tower will not negatively affect surrounding areas as a result of support structure failure, falling ice or other debris, or radio frequency interference. All towers shall be fitted with anti-climbing devices, as approved by the manufacturers.

§ 470-138 Alternative energy systems.

Alternative energy systems include geothermal heat pumps, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

All alternative energy systems, as accessory uses or structures, or as principal uses permitted by special exception, shall be built and operated in accordance with the following:

(1)

Geothermal systems shall be permitted in all districts subject to the following regulations:

(a)

The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code[1] and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application.

[1]

Editor's Note: See also Ch. 180, Construction Codes.

(b)

Only the following types of geothermal energy systems shall be permitted:

[1]

Closed horizontal loop;

[2]

Closed vertical loop; and

[3]

Open horizontal loop systems relying upon injection wells or watercourses.

(c)

Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot.

(d)

For closed loop systems, the following shall apply:

[1]

For all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

[2]

All horizontal closed loop systems shall be no more than 20 feet deep.

[3]

The top 50 feet of all closed vertical loop geothermal energy system bore holes shall be grout sealed in accordance with IGSHPA standards.

(e)

For open horizontal loop systems, the following shall apply:

[1]

Water extraction.

[a]

Open loop systems may utilize a watercourse to the extent permissible under federal, state, or local municipal laws or regulations.

[b]

All open loop systems which extract water from groundwater sources shall comply with extraction limitations set for potable water wells under federal, state, or local municipal laws or regulations. Installation requirements for extraction wells shall be the same as those for potable water wells, with respect to those regulations designed to prevent aquifer contamination (grouting, etc.), or in conformance with IGSHPA standards, as determined by the Township Engineer.

[2]

Discharge of water.

[a]

Discharge of water from open loop systems into sanitary sewer systems shall be prohibited, except upon approval by the sanitary sewage system provider.

[b]

Discharge of water from open loop systems into storm sewers shall not be permitted.

[c]

Discharge of water from open loop systems into a watercourse shall require certification by a licensed professional engineer registered by the Commonwealth of Pennsylvania that the design of the watercourse is such that the watercourse can be expected to retain its capacity to meet the needs of the geothermal system over the lifetime of the system and of any other water discharges for which it is used.

[d]

Discharge of water from open loop systems into a watercourse shall comply with all federal, state, or local municipal laws or regulations.

[e]

Underground injection of water discharge from an open loop system shall be subject to the following conditions:

[i]

Returned water shall contain no treatment additives or other introduced chemicals.

[ii]

The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.

[iii]

The return well shall be located a minimum distance of 100 feet from the on-site well.

[iv]

The return well shall recharge the groundwater from which supply water is extracted.

[v]

Because such return wells are included as "Class V Underground Injection Wells," the applicant shall submit an "Inventory of injection Wells" form, available from the U.S. Environmental Protection Agency and shall comply with all federal, state, or local municipal laws or regulations.

(2)

Outdoor hydronic heaters. Outdoor hydronic heaters shall be permitted as accessory uses and accessory structures in the Agricultural District and shall be subject to the following regulations:

(a)

The design and installation of outdoor hydronic heaters shall conform to applicable industry standards, including those of the U.S. Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM, or other similar certifying organizations, and shall comply with the Township Building Code[2] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2]

Editor's Note: See also Ch. 180, Construction Codes.

(b)

All outdoor hydronic heaters shall be located a minimum distance of 150 feet from any property line, street right-of-way, or any inhabited dwelling not located on the lot on which the outdoor hydronic heater is proposed.

(c)

All outdoor hydronic heaters shall have a permanent attached stack. The minimum height of all stacks shall be 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor wood-fired boiler and otherwise installed according to the manufacturer's specifications.

(d)

The owner of the outdoor hydronic heater shall provide evidence indicating that the maintenance and operation of the outdoor hydronic heater is in compliance with all emissions of air quality standards promulgated by the U.S. Environmental Protection Agency (EPA), PA DEP, or other relevant state or federal agency including emissions of dust and particulates.

(3)

Solar energy systems.

(a)

Accessory solar energy systems shall be permitted in all districts subject to the following regulations:

[1]

A system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.

[2]

The design and installation of accessory solar energy system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[3] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[3]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

Whenever practical, all accessory solar energy systems shall be attached to a building, or located on an impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the building.

[4]

All accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

[5]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[6]

No part of any accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[7]

Accessory solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within the underlying zone.

[8]

Accessory solar energy systems which are ground mounted or freestanding detached from the principal or accessory structure shall not exceed 15 feet in height.

(b)

Principal solar energy systems shall be subject to the following regulations:

[1]

The layout, design, and installation of principal solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[4] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[4]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

Whenever practical, all principal solar energy systems in the A zone shall be attached to a building; or if ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that:

[a]

The area proposed for the principal solar energy systems does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes; and

[b]

Such facilities cannot feasibly be attached to a building due to structural limitations of the building.

[3]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[4]

All principal solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

[5]

Principal solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each the underlying zone.

[6]

All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with screening and buffering requirements in § 470-39 of this chapter.

[7]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[8]

The applicant shall submit a plan for the removal of the principal solar energy systems when it becomes functionally obsolete or is no longer in use. The principal solar energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the principal solar energy system, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

(4)

Wind energy systems.

(a)

Accessory wind energy systems shall be permitted as accessory uses and accessory structures in all districts subject to the following regulations:

[1]

A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the accessory wind energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator, and also approves of such connection. Off-grid systems shall be exempt from this requirement.

[2]

The design and installation of all accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[5] and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application.

[5]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

No more than one accessory wind energy system shall be permitted per property.

[4]

All on-site utility and transmission lines shall be placed underground.

[5]

No part of any accessory wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[6]

All accessory wind energy systems shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure not located on the lot on which the accessory wind energy system is proposed, property line, street right-of-way, or overhead utility line.

[7]

No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[8]

The maximum height of any accessory wind energy system shall be 100 feet. The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.

[9]

Accessory wind energy systems shall not display advertising, except for reasonable identification of the accessory wind energy system's manufacturer. Such sign shall have an area of less than four square feet.

[10]

When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within the underlying district.

[11]

Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any property.

[12]

The applicant shall submit a plan for the removal of the accessory wind energy system when it becomes functionally obsolete or is no longer in use. The owner shall be responsible for the removal of the system within six months from the date the applicant ceases use of the system or the system becomes obsolete. It shall be presumed that the wind turbine is obsolete or is no longer in use if no electricity is generated for a continuous period of six months.

(b)

Principal alternative energy facilities. Principal wind energy systems shall be subject to the following regulations:

[1]

The layout, design, and installation of principal wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code[6] and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application.

[6]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

Principal wind energy systems shall not generate noise which exceeds 55 decibels nor 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited structure or nearest habitable structure setback on abutting property. The ambient sound measurement, known as "A-weighted sound level" is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The fifty-five decibel or ten-decibel level may be exceeded during short-term events such as utility outages and/or severe windstorms.

[3]

All on-site utility and transmission lines shall be placed underground.

[4]

All principal wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual regulation by wind energy system personnel shall not be considered a sufficient braking system for overspeed protection.

[5]

Principal wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

[6]

Wind turbines and towers shall not display advertising, except for reasonable identification of the principal wind system's manufacturer. Such sign shall have an area of less than four square feet.

[7]

Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

[8]

All principal wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.

[9]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[10]

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[11]

No portion of any principal wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[12]

All principal wind energy systems shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

[13]

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

[14]

All mechanical equipment of principal wind energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with screening and buffering requirements in § 470-39 of this chapter, and the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

[15]

The applicant shall submit a plan for the removal of the principal wind energy system when it becomes functionally obsolete or is no longer in use. The principal wind energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the principal wind energy system, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

(5)

Anaerobic manure digester.

(a)

Anaerobic manure digesters shall be permitted by special exception as an accessory use and/or accessory structure to agricultural and farm operations where the manure generated on site is used to generate and supply electrical or thermal power exclusively for on-site use. Except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner shall provide evidence written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.

(b)

The applicant shall address and document performance standards for citing to minimize impacts on neighboring properties which shall include considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, and specific hours of operation.

(c)

Anaerobic digester systems shall be designed and constructed in compliance with the guidelines outlined in the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management publication, and any revisions, supplements and successors thereto, of the Pennsylvania Department of Environmental Protection as of this date.

(d)

Anaerobic digester systems shall be designed and constructed in compliance with applicable local, state and federal codes and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application.

(e)

A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the anaerobic digester system.

(f)

The proposed use shall comply with all the requirements of the applicable district, except that all buildings, structures and facilities used as part of the manure digesting operations shall be setback 75 feet of from any property line, 150 feet from any existing residential building other than that of the property owner, and 100 feet from any public road right-of-way.

(6)

Definitions. The following definitions relate to alternative energy systems including geothermal, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

ANAEROBIC DIGESTER

A facility which main purpose is to use anaerobic digestion processes to convert livestock manure (primary catalyst) and feedstock into biogas, which is generally burned on site to produce electricity, heat, and water; as well as to manage livestock and poultry manure. Anaerobic digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of anaerobic digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

ANAEROBIC DIGESTION

The process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings.

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.

GEOTHERMAL TERMS

(a)

CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.

(b)

CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.

(c)

GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.

(d)

GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

(e)

OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEMWater is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the Earth is then pumped back into the ground through a different well or in some cases the same well, also known as "re-injection." Alternatively, the groundwater could be discharged to a watercourse also known as a "pump and dump." In the heating mode, cooler water is returned to the earth, and in the cooling mode, warmer water is returned to the watercourse or well.

OUTDOOR HYDRONIC HEATER (WOOD-FIRED BOILER)

A fuel-burning device, also known as "outdoor wood-fired furnace," and "outdoor wood-burning appliance," designed:

(a)

To burn clean wood or other fuels specifically tested and listed for use by the manufacturer including, but not limited to, clean wood, wood pellets made from clean wood, and other fuel approved in writing by DEP;

(b)

By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and

(c)

To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

SOLAR ENERGY SYSTEM

Any solar collector consisting of one or more cell(s), panel(s), or array(s) designed to collect and convert solar power into another form of energy such as electricity or heat, and other structures and buildings, used in the conversion, storage, and distribution including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

STACK

Any vertical structure enclosing a flue(s) that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.

TURBINE HEIGHT

The distance measured from the highest point of the wind turbine rotor plane to the ground level.

WIND ENERGY SYSTEM

A device such as a wind turbine and/or other electric generation facility designed to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbines and other structures and buildings, including meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

§ 470-139 Sewage pump and haul.

Sewage pump and haul shall discontinue if sanitary sewer treatment becomes available within 150 feet of the property line or if alternate means of sewage disposal, as permitted by Pennsylvania Department of Environmental Protection and the Township become available.

Financial security posted with the Township as determined by the Township Engineer sufficient to cover two years' operation, maintenance and repair.

A signed and recorded agreement between the Township and property owner obligating the owner to maintain and continue the permanent sewage pump and haul, pay for such service and give the Township the right, but not obligation, to enter the property to maintain in case of default and charge the owner for such actions.

Lower Windsor Township
City Zoning Code

ARTICLE VI

Supplementary Use Regulations

§ 470-50 Purpose.

§ 470-51 Requirement of specific standards.

§ 470-52 Accessory garage apartment or rental cottage.

The use is clearly accessory to the single-family detached dwelling.

Only one accessory garage apartment or rental cottage shall be allowed per lot.

One development right is required for each accessory garage apartment or rental cottage.

§ 470-53 Adult regulated facility.

An adult regulated facility shall not be located within 250 feet of any residential use.

An adult regulated facility shall not be located within 1,000 feet of any church, school, library, park, playground, day-care center, or any other adult regulated facility.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film or service offered therein.

No unlawful sexual activity or conduct shall be performed or permitted.

No adult regulated use may change to another adult regulated use, except upon approval of an additional special exception by the Zoning Hearing Board.

§ 470-54 Agricultural equipment/machinery sales and service.

All activities and services shall be directed at meeting the needs of the farming community.

All structures shall be located at least 50 feet from all property lines, unless setback further by standards of the district in which located.

§ 470-55 Agricultural roadside stand, temporary.

The retail sale of agricultural products is permitted on the property where they were produced subject to the following regulations:

There shall not be more than one roadside stand on any one premises.

Building Size. Any building containing a roadside stand shall be at least 50 square feet but not greater than 100 square feet in size.

A roadside stand may be located in any yard area provided that it is at least 10 feet from the street.

Agricultural products, not produced on the property, may be sold on a property provided:

(1)

The products were produced on lands operated by the owner of the property on which they are being sold; and

(2)

The seller is an occupant of the property on which the products are being sold; and

(3)

The sale of such products is clearly accessory to the principal use.

Following the harvesting seasons, all structures and signage shall be moved to an area to the side or rear of the principal building and appropriately screened from view.

§ 470-56 Agricultural roadside stand, permanent.

There shall not be more than one roadside stand on any one premises.

Building size. Any building containing a roadside stand shall be at least 100 square feet but not greater than 250 square feet in size.

A roadside stand may be located in any yard area provided that, but shall be set back at least 25 feet from the street right-of-way.

No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold.

Parking shall conform to the regulations in Article V, except that paving shall not be required.

§ 470-57 Airport; airstrip.

All federal and state operational and safety requirements shall be met.

Lot area: 30 acres minimum.

Any building, hanger or structure shall be located a sufficient distance away from the landing strip in accordance with the recommendations of all applicable federal and/or state laws.

The applicant shall furnish evidence of the obtainment of license all applicable federal and/or state agencies to the Township prior to occupancy approval by the Township.

Irrespective of Subsections A through E above, all airports and airstrips shall comply with the regulations set forth in § 470-21, Airport District Overlay, of this chapter.

§ 470-58 Animal hospital or veterinary clinic.

The primary use shall be the medical attention and professional care of animals, with incidental boarding only of animals receiving treatment.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be setback a minimum of 10 feet from all property lines.

Accumulation and storage of manure or other odor producing substances shall not be permitted in the V District.

The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous waste.

§ 470-59 Bed-and-breakfast inn.

Maximum guest stays shall be limited to 14 consecutive days.

There shall be a maximum of four guest rooms in the AG and R Districts.

There shall be a maximum of six guest rooms permitted in V and WR Districts.

No external appearance modification of the building which would alter the residential character is permitted, except for the provision of fire escapes.

The inn must comply with local regulations including but not limited to fire, health and building codes.

Meals shall be offered only to registered overnight guests.

Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family detached dwelling.

§ 470-60 Boardinghouse or rooming house.

A rooming house or boardinghouse shall be owner-occupied.

Not more than six boarders/roomers shall be provided for upon any lot or in any single building.

Minimum periods of residency for all boarders/roomers shall be one week.

No facilities for cooking or dining shall be provided in individual rooms or suites.

All rooming houses and boardinghouses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and buildings.

§ 470-61 Boat launching facility, boat storage facility, or marina.

Outside areas for dry storage, repair and/or maintenance of watercraft shall be screened in accordance with § 470-39 of this chapter.

No major repairs (i.e., fiberglassing, spray painting, sanding) shall be permitted in an outdoor boat storage facility.

Lighting shall not cause reflections on the surface of the water that will constitute a hazard to navigation or cause reflections or glare on adjoining properties or streets.

Trash containers shall be placed throughout the lot and may not be permitted to overflow, cause objectionable odors or facilitate the breeding of vermin or insects.

Fencing shall be installed to provide security for boats and equipment in outdoor storage areas.

§ 470-62 Campground.

Minimum lot area: 10 acres.

Maximum impervious coverage: 10%.

Setbacks. All campsites shall be located at least 75 feet from any property line.

There shall be a maximum of 15 recreational vehicles per acre of lot area in any campground.

All outdoor play areas shall be set back at least 100 feet from any property line and screened from adjoining properties.

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

A site manager shall be available on the site 24 hours per day.

The campground must comply with all applicable state and local laws and regulations.

§ 470-63 Convalescent home or nursing home.

§ 470-64 Day-care center.

§ 470-65 Domiciliary care home.

The facility must be certified by the York County Area Agency on Aging prior to occupancy approval by Lower Windsor Township.

Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family detached residence.

The domiciliary care home must be owner occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.

No facilities for cooking or dining shall be provided in individual rooms or suites.

The home must comply with all local regulations including but not limited to fire, health and building codes.

§ 470-66 Family day-care home or group day-care home.

Outdoor play areas for children shall be enclosed by a fence, wall or other means to provide for the health and safety of the children as determined by PA Department of Human Services.

There shall be a minimum of two caregivers at all times when there are more than six persons being cared for present.

Day-care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a single-family detached dwelling.

§ 470-67 Group home.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

No kitchen or dining facilities shall be permitted in individual sleeping quarters or suites.

The facility must meet all applicable fire, health, safety, and building codes.

§ 470-68 Personal care boarding home.

No kitchen or dining facilities shall be permitted in individual rooms or suites.

The facility must meet all applicable fire, health, safety and building codes.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

§ 470-69 Cemetery.

All burial plots or facilities shall be located at least 100 feet from all property or street lines.

Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

No burial plots or facilities are permitted within the Restricted Development Overlay.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Pet cemeteries must meet all of the above applicable requirements.

§ 470-70 Club room, club grounds, or meeting hall.

All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

Any accessory outdoor trap, skeet, rifle, pistol or archery range must meet the requirements of § 470-112.

Parking areas must be set back at least 50 feet from any adjoining agricultural use or residential use or district.

§ 470-71 Commercial recreational facility, indoor.

All activities shall take place in a completely enclosed building.

The applicant shall furnish evidence as to how the use will not constitute a nuisance due to noise or loitering outside the building.

Any exterior lighting shall be directed away from all adjoining properties.

§ 470-72 Commercial recreational facility, outdoor.

Exterior lighting shall be directed away from all adjoining properties in accordance with § 470-41 of this chapter.

Depending upon the specific nature of the proposed use, additional screening or buffering may be required to protect adjoining properties.

§ 470-73 Communication facilities.

No storage yard shall be operated in connection with such use except in the Industrial District.

Climbing access to the tower shall be secured from use by unauthorized persons.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any exterior lighting shall be directed away from all adjacent properties in accordance with § 470-41 of this chapter.

These standards shall apply to those communications facilities not covered by § 470-137 herein.

§ 470-74 Convenience store, convenience store dispensing fuel, or vehicle fueling station.

Access drives must be provided in accordance with§ 410-31B of Chapter 410, Subdivision and Land Development, and must be located as follows:

(1)

Minimum offset from intersection of street right-of-way lines: 40 feet.

(2)

Side lot line offset: 10 feet.

(3)

Minimum width: 12 feet.

(4)

Maximum width: 35 feet.

(5)

Minimum separation of drives on same lot: 25 feet.

Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

All lights must be diverted toward the fueling station or convenience store or downward on the lot.

Fuel pumps must be set back at least 20 feet from the street right-of-way line.

§ 470-75 Cottage industry.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

A cottage industry may be permitted as accessory to a principal residential use in the V and WR Districts provided that:

(1)

Only one cottage industry may be permitted as an accessory use to the principal residential use of the property.

(2)

The cottage industry must be conducted within a completely enclosed building. Where feasible, the cottage industry shall be conducted within an existing building on the property.

(3)

The cottage industry shall not be subdivided or separated from the principal use of the property.

§ 470-76 Crematorium.

The unit must be located so as not to create a fire hazard, be in a well-ventilated area and be secured when not in use.

The building must be located at least 300 feet from any adjoining property lines.

The facility must comply with all applicable state and local laws and regulations, including but not limited to water systems, sewage disposal systems and solid waste disposal systems.

§ 470-77 Dwelling, caretaker/watchman.

The use is clearly accessory to the principal use.

The minimum lot area for the principal use: 20 acres.

Except in the Industrial District, one development right is required for each caretaker dwelling.

§ 470-78 Dwelling, group quarters.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

All group quarters shall comply with all applicable building, health and fire codes.

§ 470-79 Dwelling, multifamily.

Distance between buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.

Length of buildings: 200 feet maximum.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

No building for multifamily dwellings shall contain more than 16 dwelling units.

[Amended 8-8-2024 by Ord. No. 2024-02]

§ 470-80 Dwelling, single-family attached.

No grouping shall contain more than eight dwelling units nor exceed an overall length of 200 feet.

§ 470-81 Dwelling, temporary housing for farm workers.

There shall be a minimum farm parcel size: 50 acres.

The temporary housing shall take place on farm parcels only during the harvesting season, and not to exceed 120 consecutive days.

The housing units must comply with all applicable state and local laws and regulations.

The housing units shall be used to house seasonal farm laborers only. No more than eight occupants shall be permitted on the site.

§ 470-82 Dwelling, temporary recreational.

A permit must be obtained from the Township for each recreational dwelling site prior to the placement of a temporary recreational dwelling on a lot.

Only one temporary recreational dwelling shall be permitted per lot.

Temporary recreational dwellings may not remain on the lot for more than 180 consecutive days.

No permanent external appurtenances such as carports or patios may be attached to any temporary recreational dwellings.

§ 470-83 Drive-in business, drive-through business.

The subject property shall front on a collector road as designated by the Township's Comprehensive Plan.

Drive-through curb cuts and access drives shall be a maximum width of 12 feet for one-way in addition to all provisions set forth in § 410-31B of Chapter 410, Subdivision and Land Development.

Drive-through windows shall be located on the side or rear of buildings.

All drive-in and drive-through lanes shall be separated from the parking lot's passageways and interior access drives providing access to parking spaces.

Any exterior speaker/microphone system shall be arranged and/or screened so that it cannot be heard from beyond the property line.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

On-site stacking lanes shall accommodate eight vehicles waiting to utilize the drive-in business and shall be situated to prevent vehicle backups onto adjoining roads.

§ 470-84 Eating establishment.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

§ 470-85 Family farm support business.

The owner or occupant of the farm must be engaged in the family farm support business.

The use is clearly accessory to the principal farm use.

Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm support business is located.

Agritourism uses accessory to an existing and working farm shall comply with the following.

(1)

The use must be incidental to and directly supportive of the agricultural use of the property.

(2)

Agritourism uses shall include but are not limited to the following:

(a)

Agricultural roadside stands: see §§ 470-55 and 470-56 herein.

(b)

Cut-your-own Christmas tree operations and similar you-pick fruit and vegetable operations.

(c)

Wineries, breweries, ice cream and cheese-making operations, bakeries, and other specialty agricultural food products.

(d)

Farm-related tours, museums and agricultural exhibits, crop identification and other educational programs, corporate events, company picnics, weddings and special events.

(e)

Rodeos, agricultural fairs and festivals, horseback riding, corn mazes, haunted houses and hayrides, and wagon and sleigh rides.

(3)

All parking shall be provided on site.

(4)

Sanitary facilities shall be provided in accordance with PA DEP requirements.

(5)

(6)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

(7)

The uses shall comply with Chapter 281, Article I, Noise Control Measures for Agritainment Businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 470-86 Farm market.

Activities and services shall be directed at meeting the needs of the farming community.

§ 470-87 Feed and grain mill.

Activities and services shall be directed at meeting the needs of the farming community.

All grain storage facilities, conveying apparatuses, drying chamber and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

§ 470-88 Forestry.

Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts, subject to the following regulations.

[1]

Editor's Note: See 35 P.S. § 691.1 et seq. and 32 P.S. § 693.1 et seq., respectively.

An erosion and sedimentation pollution control plan in accordance with§ 410-21 of Chapter 410, Subdivision and Land Development, shall be submitted prior to any forestry activity.

§ 470-89 Funeral home.

All off-street stacking for the formation of the funeral procession shall be provided on the site. No funeral procession will be allowed to form on public streets.

§ 470-90 Greenhouse; horticultural nursery.

The display, sale and/or repair of power tools or motorized nursery, lawn or garden equipment shall not be permitted.

§ 470-91 Golf course.

The minimum lot size shall be:

(1)

Forty-five acres for a par 3, eighteen-hole course; and

(2)

Sixty acres for a nine-hole or executive course; and

(3)

One hundred acres for a regulation eighteen-hole course.

All golf course buildings shall be set back at least 75 feet from any adjoining streets and at least 100 feet from any adjoining residential structures.

A golf course may include the following accessory uses:

(1)

A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

(2)

Golf car maintenance and equipment storage service facilities.

(3)

Practice putting greens and driving range with outdoor lighting.

§ 470-92 Halfway house.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

All halfway houses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-93 Heavy equipment storage, sales and/or service.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.

No toxic or hazardous materials may be stored on any property, except in compliance with applicable state regulations.

§ 470-94 Home occupation or profession.

Employees. No person other than a resident of the dwelling unit may practice the occupation. No more than two persons shall be employed to provide secretarial, clerical or other assistance.

Pupils. No more than two pupils may receive instruction at a time.

Parking. Besides the required parking for the dwelling unit, additional parking is required as follows for each home occupation:

(1)

Two spaces for the home occupation and one space for each nonresident employee, plus;

(2)

Two additional spaces shall be provided for a physician, dentist, barbershop or beauty shop.

(3)

Garages shall not be considered parking area for home occupations. Each space provided shall not have direct access to the street to avoid vehicles backing into the flow of traffic.

Sales. There shall be no stock-in-trade stores nor commodities kept for sale that are not goods produced on the premises or used in connection with the permitted home occupation.

(1)

Appearance. No display of products may be shown so as to be visible from outside the dwelling or accessory building.

(2)

(3)

Storage. Any associated storage must be either within a totally enclosed structure or within an area to the side or rear of the principal building and appropriately screened from view.

(4)

§ 470-95 No-impact home occupation or profession.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activities.

§ 470-96 Hospital.

Hospitals shall be registered and licensed by the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of such licensing bodies.

Lot area: five-acre minimum.

Access shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-97 House of worship.

Buffers and screens shall be provided in accordance with § 470-39 to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any associated administrative office, educational or day-care uses shall be accessory and located on the same lot as the house of worship.

§ 470-98 Industrial activities.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-99 Industrial park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as industrial activities and professional and business offices in § 470-6, and contractor's offices shall be permitted.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-100 Junkyard or salvage yard.

This use is subject to the requirements set forth in the adopted Lower Windsor Township Junkyard Ordinance, Ordinance No. 2010-01, or most recently amended.[1]

[1]

Editor's Note: See Ch. 257, Junkyards and Junk Dealers.

§ 470-101 Kennel.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

Lot area: two acres.

All animals must be housed within a structure except while exercising.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back at least 10 feet from all property lines.

Documented evidence must be presented to the Township indicating that disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

§ 470-102 Marine rental, sales and service.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior marine vehicle storage areas shall be screened from view of any adjoining residential use.

§ 470-103 Medical clinic.

(1)

All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.

(2)

The hours during which these services are provided shall be the same as those during the regular operation hours of the principal clinic.

Necessary permits regarding water supply and sanitary waste disposal shall be provided.

§ 470-104 Mineral extraction or recovery operation.

Operational requirements.

(1)

General.

(a)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(b)

May not adversely affect any public or private water supply source.

(c)

May not adversely affect the logical, efficient, and economical extension of public services, facilities and utilities throughout the Township.

(d)

May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners.

(e)

(f)

Must comply with all current applicable federal, state and local regulations.

No stockpiles, waste piles or processing equipment may be closer than 1,000 feet to the residential use or Village District.

(b)

No part of the mineral extraction or recovery pit, private access road, truck parking area, scales or operational equipment may be closer than 500 feet to the residential use or Village District.

(6)

(7)

Other setback requirements.

(a)

(b)

Except for setbacks specified in Subsection A(5) and (6) above, no private access road, truck parking area, scales, or operational equipment, may be closer than 100 feet to a property line.

Rehabilitation requirements for mineral extraction or recovery operations.

(1)

(2)

Rehabilitation standards. In rehabilitating the area of actual mineral extraction or recovery operations, the owner or operator must comply with the following standards:

(a)

Slope. The slope of earth material in any excavated pit must not exceed the angle of slippage.

(b)

Topsoil and ground cover. Where filling of the pit is desirable and economically feasible, the fill must be a kind and depth to sustain grass, plants or trees and such must be planted.

(c)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(d)

(1)

Ownership and acreage of the land which is the site of mineral extraction or recovery operations, including all land held under contract or lease;

(2)

Type of earth resources extracted or recovered;

(3)

Present depth of excavations;

(4)

The probable effect of blasting and other excavation methods upon existing and permitted uses in the area surrounding the mineral extraction or recovery site;

(5)

Map, at a scale of one inch equal 100 feet, or such other scale acceptable to the Township, showing:

(a)

All land owned or under operation contract or lease;

(b)

Lot or land from which minerals will be extracted or recovered;

(c)

As practical, contours at twenty-foot intervals extending beyond the site to the nearest public street or highway;

(d)

Private access roads and abutting streets and highways;

(e)

Location of all structures;

(f)

Location of stockpiles and waste piles;

(g)

Title, scale, North point, and date; and

(h)

Fencing and screen planting;

(6)

The proposed reuse of the land to be quarried;

(7)

Plantings or other planned special features of rehabilitation;

(8)

The proposed methods by which rehabilitation is to be accomplished; and

(9)

A listing of those roads contained within the Township that are to be used by hauling trucks from the mineral extraction or recovery operation.

§ 470-105 Mini storage facility.

There may be one caretaker/watchman dwelling unit constructed in conjunction with this use, which, except in the Industrial District, requires the use of one development right.

If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.

The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities shall be conducted within the storage units.

The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.

If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.

All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property in accordance with § 470-41 of this chapter.

§ 470-106 Mobile home park.

This use is subject to the requirements set forth in Article VII of Chapter 410, Subdivision and Land Development.

A mobile home park and extension thereof shall also comply with all applicable state and/or local regulations.

§ 470-107 Mobile home sales lot.

The lot shall be improved with a building containing an office, display room and appurtenant facilities having an area of not less than 1,000 square feet.

§ 470-108 Motel or hotel.

§ 470-109 Multifamily residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a multifamily dwelling, the residential character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-110 Noncommercial keeping of animals.

Except in the AG District, minimum lot area: five acre.

In no event shall the number of livestock, kept on any lot, exceed 20.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals or poultry. All such enclosures shall be set back at least 10 feet from any property line.

Except in the AG District, no new agricultural buildings, shall be constructed which by their size and nature, will inhibit future residential, commercial or industrial uses.

§ 470-111 Office, professional or business.

§ 470-112 Outdoor shooting range.

The applicant shall present documentation to the Township demonstrating how the use will utilize industry approved safety techniques with regards to adjacent properties.

The applicant shall provide the Township with evidence demonstrating noise created by the use will not negatively impact the adjacent properties.

Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.

Warning signs must be posted at no more than 50 feet intervals at least 10 feet from the outside of the berms.

The firing range shall be free of gravel and other hard surface materials and be drained in accordance with § 470-40 of this chapter and all applicable Township stormwater and drainage standards.

Adult supervision must be provided for children less than 16 years of age.

Hours of operation shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.

§ 470-113 Park.

§ 470-114 Parking garage or parking lot.

Paved areas shall be no closer than 10 feet from any property line, lot line or street line, except for entrances or exit drives.

§ 470-115 Personal service business.

§ 470-116 Public services office.

§ 470-117 Public utilities.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

In the R, V and WR Districts, the external design of the building (to the extent possible) shall be in conformity with the buildings in the surrounding area.

There shall be no specific minimum lot size or lot width, however, each lot shall provide front, side and rear yard setbacks in accordance with the district in which located.

§ 470-118 Research and development laboratory.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant§ 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-119 Research and development park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as a "research and development laboratory" in § 470-6 shall be permitted.

Access. Primary access shall be via a collector street as designated in the Township's Comprehensive Plan.

No temporary structures or trailers will be permitted except during construction of the facility.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

Outdoor storage of goods or materials shall be prohibited.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-120 Retail store or shop.

§ 470-121 Riding academy; boarding stable.

All animals, except while exercising or pasturing, shall be confined to a building erected for that purpose.

All stalls shall be maintained so as to minimize odors.

All outdoor training or show facilities or areas shall be set back at least 50 feet from all property lines.

All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence which shall be located at least 10 feet from all property lines.

All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance.

§ 470-122 Sawmill operation.

No saw or other machinery shall be less than 75 feet from any property or street right-of-way line.

All power saws and machinery shall be secured against tampering and locked when not in use.

All machinery used in the sawmill operation shall be located at least 500 feet from any Residential or Village District or residential use.

No sawmill shall operate between the hours of 10:00 p.m. and 6:00 a.m., including shipping and receiving raw and finished materials.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, a high volume of vehicular traffic then access should shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-123 School, commercial.

§ 470-124 School, public or private.

§ 470-125 Shopping mall, center or plaza.

Access must be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-126 Solid waste disposal and/or processing facility; resource recovery facility.

All uses shall provide stacking lanes no less than 500 feet in length into the facility, so that vehicles waiting to be weighed will not backup onto public roads.

Hazardous waste as described by the PA DEP shall not be disposed of within the proposed facility.

The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

(1)

(2)

(3)

A water feasibility study shall include at a minimum the following information in addition to the provisions set forth in § 410-20 of Chapter 410, Subdivision and Land Development:

(a)

Calculations of the projected water needs;

(b)

a geologic map of the area with a radius of at least one mile from the site;

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with notation of the capacity of all high-yield wells;

(d)

The location of all existing on-lot sewage disposal systems within one 1,000 feet of the site;

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(f)

Based on the geologic formation(s) underlying the site the long-term safe yield shall be determined;

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

§ 470-127 Stockyard.

All live animals held outside shall be within secure holding pens or runways.

All storage, handling and disposal of animal wastes shall comply with provisions set forth by the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-128 Tavern.

The use shall not constitute a public or private nuisance.

The use must be more than 300 feet from any church, hospital, charitable organization, school or public playground.

The use must be more than 200 feet from any other facility licensed by the Pennsylvania Liquor Control Board.

The use shall meet all applicable state and local regulations.

§ 470-129 Truck or motor freight terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

Storage of materials shall conform to all applicable state and federal regulations.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-130 Two-family residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a two-family dwelling, the character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-131 Vehicle sales or rental facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

In accordance with § 470-39 of this chapter, all exterior vehicle storage areas shall be screened from view of any adjoining the Village or Residential District or residential use.

The storage of unlicensed vehicles on the premises is prohibited, except for new or used vehicles that are "for sale" or are considered "rental."

All merchandise, except vending machines, shall be stored within a building.

If gasoline pumps are to be installed, all requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied. Retail sale of gasoline is prohibited.

§ 470-132 Vehicle repair and service facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior vehicle storage areas shall be screened from view of any adjoining residential district or use in accordance with § 470-39 of this chapter.

If gasoline pumps are to be installed, all special exception requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied.

All vehicles shall be repaired and removed from the premises within a six-week period.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-133 Vehicle washing facility.

Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.

Stacking lanes that accommodate a minimum of three vehicles per washing bay shall be provided to prevent vehicle backup on adjoining roads.

§ 470-134 Warehouse.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-135 Wholesale establishment.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-136 Wholesale vehicle sales terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-137 Wireless communications towers and antennas.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a wireless communications tower and/or wireless communications antennas.

(1)

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and that reinforcement cannot be accomplished.

(2)

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and that the interference cannot be accomplished.

(3)

(4)

(5)

A commercially reasonable agreement could not be reached with the owners of such structures.

The following standards shall apply to wireless communications antennas co-located on an existing building, structure, wireless communications tower or Public Utility transmission tower.

(1)

No wireless communications antenna shall be located on any single-family detached dwelling.

(2)

(3)

Detailed construction and elevation drawings shall be submitted.

(4)

(5)

All wireless communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(6)

Wireless communications antennas shall not cause radio frequency interference with other communications facilities located in Lower Windsor Township.

Access to the wireless communications tower and wireless communications equipment building shall be provided by means of a public street or easement to a public street.

[1]

Editor's Note: See also Ch. 180, Construction Codes.

§ 470-138 Alternative energy systems.

Alternative energy systems include geothermal heat pumps, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

All alternative energy systems, as accessory uses or structures, or as principal uses permitted by special exception, shall be built and operated in accordance with the following:

(1)

Geothermal systems shall be permitted in all districts subject to the following regulations:

(a)

[1]

Editor's Note: See also Ch. 180, Construction Codes.

(b)

Only the following types of geothermal energy systems shall be permitted:

[1]

Closed horizontal loop;

[2]

Closed vertical loop; and

[3]

Open horizontal loop systems relying upon injection wells or watercourses.

(c)

Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot.

(d)

For closed loop systems, the following shall apply:

[1]

For all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

[2]

All horizontal closed loop systems shall be no more than 20 feet deep.

[3]

The top 50 feet of all closed vertical loop geothermal energy system bore holes shall be grout sealed in accordance with IGSHPA standards.

(e)

For open horizontal loop systems, the following shall apply:

[1]

Water extraction.

[a]

Open loop systems may utilize a watercourse to the extent permissible under federal, state, or local municipal laws or regulations.

[b]

[2]

Discharge of water.

[a]

Discharge of water from open loop systems into sanitary sewer systems shall be prohibited, except upon approval by the sanitary sewage system provider.

[b]

Discharge of water from open loop systems into storm sewers shall not be permitted.

[c]

[d]

Discharge of water from open loop systems into a watercourse shall comply with all federal, state, or local municipal laws or regulations.

[e]

Underground injection of water discharge from an open loop system shall be subject to the following conditions:

[i]

Returned water shall contain no treatment additives or other introduced chemicals.

[ii]

The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.

[iii]

The return well shall be located a minimum distance of 100 feet from the on-site well.

[iv]

The return well shall recharge the groundwater from which supply water is extracted.

[v]

(2)

Outdoor hydronic heaters. Outdoor hydronic heaters shall be permitted as accessory uses and accessory structures in the Agricultural District and shall be subject to the following regulations:

(a)

[2]

Editor's Note: See also Ch. 180, Construction Codes.

Solar energy systems.

(a)

Accessory solar energy systems shall be permitted in all districts subject to the following regulations:

[1]

[2]

[3]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

[4]

All accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

[5]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[6]

No part of any accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[7]

Accessory solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within the underlying zone.

[8]

Accessory solar energy systems which are ground mounted or freestanding detached from the principal or accessory structure shall not exceed 15 feet in height.

(b)

Principal solar energy systems shall be subject to the following regulations:

[1]

[4]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

[a]

[b]

Such facilities cannot feasibly be attached to a building due to structural limitations of the building.

[3]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[4]

All principal solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

[5]

Principal solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each the underlying zone.

[6]

[7]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[8]

(4)

Wind energy systems.

(a)

Accessory wind energy systems shall be permitted as accessory uses and accessory structures in all districts subject to the following regulations:

[1]

[2]

[5]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

No more than one accessory wind energy system shall be permitted per property.

[4]

All on-site utility and transmission lines shall be placed underground.

[5]

No part of any accessory wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[6]

[7]

No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[8]

The maximum height of any accessory wind energy system shall be 100 feet. The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.

[9]

[10]

[11]

Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any property.

[12]

(b)

Principal alternative energy facilities. Principal wind energy systems shall be subject to the following regulations:

[1]

[6]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

[3]

All on-site utility and transmission lines shall be placed underground.

[4]

[5]

Principal wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

[6]

Wind turbines and towers shall not display advertising, except for reasonable identification of the principal wind system's manufacturer. Such sign shall have an area of less than four square feet.

[7]

Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

[8]

All principal wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.

[9]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[10]

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[11]

No portion of any principal wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[12]

[13]

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

[14]

[15]

(5)

Anaerobic manure digester.

A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the anaerobic digester system.

(f)

(6)

Definitions. The following definitions relate to alternative energy systems including geothermal, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

ANAEROBIC DIGESTER

ANAEROBIC DIGESTION

The process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings.

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.

GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.

(d)

GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

(e)

OUTDOOR HYDRONIC HEATER (WOOD-FIRED BOILER)

A fuel-burning device, also known as "outdoor wood-fired furnace," and "outdoor wood-burning appliance," designed:

(a)

(b)

By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and

(c)

To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

SOLAR ENERGY SYSTEM

STACK

Any vertical structure enclosing a flue(s) that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.

TURBINE HEIGHT

The distance measured from the highest point of the wind turbine rotor plane to the ground level.

WIND ENERGY SYSTEM

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

§ 470-139 Sewage pump and haul.

Financial security posted with the Township as determined by the Township Engineer sufficient to cover two years' operation, maintenance and repair.

Lower Windsor Township
City Zoning Code

ARTICLE VI

Supplementary Use Regulations

§ 470-50 Purpose.

§ 470-51 Requirement of specific standards.

§ 470-52 Accessory garage apartment or rental cottage.

The use is clearly accessory to the single-family detached dwelling.

Only one accessory garage apartment or rental cottage shall be allowed per lot.

One development right is required for each accessory garage apartment or rental cottage.

§ 470-53 Adult regulated facility.

An adult regulated facility shall not be located within 250 feet of any residential use.

An adult regulated facility shall not be located within 1,000 feet of any church, school, library, park, playground, day-care center, or any other adult regulated facility.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film or service offered therein.

No unlawful sexual activity or conduct shall be performed or permitted.

No adult regulated use may change to another adult regulated use, except upon approval of an additional special exception by the Zoning Hearing Board.

§ 470-54 Agricultural equipment/machinery sales and service.

All activities and services shall be directed at meeting the needs of the farming community.

All structures shall be located at least 50 feet from all property lines, unless setback further by standards of the district in which located.

§ 470-55 Agricultural roadside stand, temporary.

The retail sale of agricultural products is permitted on the property where they were produced subject to the following regulations:

There shall not be more than one roadside stand on any one premises.

Building Size. Any building containing a roadside stand shall be at least 50 square feet but not greater than 100 square feet in size.

A roadside stand may be located in any yard area provided that it is at least 10 feet from the street.

Agricultural products, not produced on the property, may be sold on a property provided:

(1)

The products were produced on lands operated by the owner of the property on which they are being sold; and

(2)

The seller is an occupant of the property on which the products are being sold; and

(3)

The sale of such products is clearly accessory to the principal use.

Following the harvesting seasons, all structures and signage shall be moved to an area to the side or rear of the principal building and appropriately screened from view.

§ 470-56 Agricultural roadside stand, permanent.

There shall not be more than one roadside stand on any one premises.

Building size. Any building containing a roadside stand shall be at least 100 square feet but not greater than 250 square feet in size.

A roadside stand may be located in any yard area provided that, but shall be set back at least 25 feet from the street right-of-way.

No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold.

Parking shall conform to the regulations in Article V, except that paving shall not be required.

§ 470-57 Airport; airstrip.

All federal and state operational and safety requirements shall be met.

Lot area: 30 acres minimum.

Any building, hanger or structure shall be located a sufficient distance away from the landing strip in accordance with the recommendations of all applicable federal and/or state laws.

The applicant shall furnish evidence of the obtainment of license all applicable federal and/or state agencies to the Township prior to occupancy approval by the Township.

Irrespective of Subsections A through E above, all airports and airstrips shall comply with the regulations set forth in § 470-21, Airport District Overlay, of this chapter.

§ 470-58 Animal hospital or veterinary clinic.

The primary use shall be the medical attention and professional care of animals, with incidental boarding only of animals receiving treatment.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be setback a minimum of 10 feet from all property lines.

Accumulation and storage of manure or other odor producing substances shall not be permitted in the V District.

The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous waste.

§ 470-59 Bed-and-breakfast inn.

Maximum guest stays shall be limited to 14 consecutive days.

There shall be a maximum of four guest rooms in the AG and R Districts.

There shall be a maximum of six guest rooms permitted in V and WR Districts.

No external appearance modification of the building which would alter the residential character is permitted, except for the provision of fire escapes.

The inn must comply with local regulations including but not limited to fire, health and building codes.

Meals shall be offered only to registered overnight guests.

Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family detached dwelling.

§ 470-60 Boardinghouse or rooming house.

A rooming house or boardinghouse shall be owner-occupied.

Not more than six boarders/roomers shall be provided for upon any lot or in any single building.

Minimum periods of residency for all boarders/roomers shall be one week.

No facilities for cooking or dining shall be provided in individual rooms or suites.

All rooming houses and boardinghouses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and buildings.

§ 470-61 Boat launching facility, boat storage facility, or marina.

Outside areas for dry storage, repair and/or maintenance of watercraft shall be screened in accordance with § 470-39 of this chapter.

No major repairs (i.e., fiberglassing, spray painting, sanding) shall be permitted in an outdoor boat storage facility.

Lighting shall not cause reflections on the surface of the water that will constitute a hazard to navigation or cause reflections or glare on adjoining properties or streets.

Trash containers shall be placed throughout the lot and may not be permitted to overflow, cause objectionable odors or facilitate the breeding of vermin or insects.

Fencing shall be installed to provide security for boats and equipment in outdoor storage areas.

§ 470-62 Campground.

Minimum lot area: 10 acres.

Maximum impervious coverage: 10%.

Setbacks. All campsites shall be located at least 75 feet from any property line.

There shall be a maximum of 15 recreational vehicles per acre of lot area in any campground.

All outdoor play areas shall be set back at least 100 feet from any property line and screened from adjoining properties.

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

A site manager shall be available on the site 24 hours per day.

The campground must comply with all applicable state and local laws and regulations.

§ 470-63 Convalescent home or nursing home.

§ 470-64 Day-care center.

§ 470-65 Domiciliary care home.

The facility must be certified by the York County Area Agency on Aging prior to occupancy approval by Lower Windsor Township.

Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family detached residence.

The domiciliary care home must be owner occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.

No facilities for cooking or dining shall be provided in individual rooms or suites.

The home must comply with all local regulations including but not limited to fire, health and building codes.

§ 470-66 Family day-care home or group day-care home.

Outdoor play areas for children shall be enclosed by a fence, wall or other means to provide for the health and safety of the children as determined by PA Department of Human Services.

There shall be a minimum of two caregivers at all times when there are more than six persons being cared for present.

Day-care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a single-family detached dwelling.

§ 470-67 Group home.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

No kitchen or dining facilities shall be permitted in individual sleeping quarters or suites.

The facility must meet all applicable fire, health, safety, and building codes.

§ 470-68 Personal care boarding home.

No kitchen or dining facilities shall be permitted in individual rooms or suites.

The facility must meet all applicable fire, health, safety and building codes.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

§ 470-69 Cemetery.

All burial plots or facilities shall be located at least 100 feet from all property or street lines.

Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

No burial plots or facilities are permitted within the Restricted Development Overlay.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Pet cemeteries must meet all of the above applicable requirements.

§ 470-70 Club room, club grounds, or meeting hall.

All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

Any accessory outdoor trap, skeet, rifle, pistol or archery range must meet the requirements of § 470-112.

Parking areas must be set back at least 50 feet from any adjoining agricultural use or residential use or district.

§ 470-71 Commercial recreational facility, indoor.

All activities shall take place in a completely enclosed building.

The applicant shall furnish evidence as to how the use will not constitute a nuisance due to noise or loitering outside the building.

Any exterior lighting shall be directed away from all adjoining properties.

§ 470-72 Commercial recreational facility, outdoor.

Exterior lighting shall be directed away from all adjoining properties in accordance with § 470-41 of this chapter.

Depending upon the specific nature of the proposed use, additional screening or buffering may be required to protect adjoining properties.

§ 470-73 Communication facilities.

No storage yard shall be operated in connection with such use except in the Industrial District.

Climbing access to the tower shall be secured from use by unauthorized persons.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any exterior lighting shall be directed away from all adjacent properties in accordance with § 470-41 of this chapter.

These standards shall apply to those communications facilities not covered by § 470-137 herein.

§ 470-74 Convenience store, convenience store dispensing fuel, or vehicle fueling station.

Access drives must be provided in accordance with§ 410-31B of Chapter 410, Subdivision and Land Development, and must be located as follows:

(1)

Minimum offset from intersection of street right-of-way lines: 40 feet.

(2)

Side lot line offset: 10 feet.

(3)

Minimum width: 12 feet.

(4)

Maximum width: 35 feet.

(5)

Minimum separation of drives on same lot: 25 feet.

Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

All lights must be diverted toward the fueling station or convenience store or downward on the lot.

Fuel pumps must be set back at least 20 feet from the street right-of-way line.

§ 470-75 Cottage industry.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

A cottage industry may be permitted as accessory to a principal residential use in the V and WR Districts provided that:

(1)

Only one cottage industry may be permitted as an accessory use to the principal residential use of the property.

(2)

The cottage industry must be conducted within a completely enclosed building. Where feasible, the cottage industry shall be conducted within an existing building on the property.

(3)

The cottage industry shall not be subdivided or separated from the principal use of the property.

§ 470-76 Crematorium.

The unit must be located so as not to create a fire hazard, be in a well-ventilated area and be secured when not in use.

The building must be located at least 300 feet from any adjoining property lines.

The facility must comply with all applicable state and local laws and regulations, including but not limited to water systems, sewage disposal systems and solid waste disposal systems.

§ 470-77 Dwelling, caretaker/watchman.

The use is clearly accessory to the principal use.

The minimum lot area for the principal use: 20 acres.

Except in the Industrial District, one development right is required for each caretaker dwelling.

§ 470-78 Dwelling, group quarters.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

All group quarters shall comply with all applicable building, health and fire codes.

§ 470-79 Dwelling, multifamily.

Distance between buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.

Length of buildings: 200 feet maximum.

Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

No building for multifamily dwellings shall contain more than 16 dwelling units.

[Amended 8-8-2024 by Ord. No. 2024-02]

§ 470-80 Dwelling, single-family attached.

No grouping shall contain more than eight dwelling units nor exceed an overall length of 200 feet.

§ 470-81 Dwelling, temporary housing for farm workers.

There shall be a minimum farm parcel size: 50 acres.

The temporary housing shall take place on farm parcels only during the harvesting season, and not to exceed 120 consecutive days.

The housing units must comply with all applicable state and local laws and regulations.

The housing units shall be used to house seasonal farm laborers only. No more than eight occupants shall be permitted on the site.

§ 470-82 Dwelling, temporary recreational.

A permit must be obtained from the Township for each recreational dwelling site prior to the placement of a temporary recreational dwelling on a lot.

Only one temporary recreational dwelling shall be permitted per lot.

Temporary recreational dwellings may not remain on the lot for more than 180 consecutive days.

No permanent external appurtenances such as carports or patios may be attached to any temporary recreational dwellings.

§ 470-83 Drive-in business, drive-through business.

The subject property shall front on a collector road as designated by the Township's Comprehensive Plan.

Drive-through curb cuts and access drives shall be a maximum width of 12 feet for one-way in addition to all provisions set forth in § 410-31B of Chapter 410, Subdivision and Land Development.

Drive-through windows shall be located on the side or rear of buildings.

All drive-in and drive-through lanes shall be separated from the parking lot's passageways and interior access drives providing access to parking spaces.

Any exterior speaker/microphone system shall be arranged and/or screened so that it cannot be heard from beyond the property line.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

On-site stacking lanes shall accommodate eight vehicles waiting to utilize the drive-in business and shall be situated to prevent vehicle backups onto adjoining roads.

§ 470-84 Eating establishment.

All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.

§ 470-85 Family farm support business.

The owner or occupant of the farm must be engaged in the family farm support business.

The use is clearly accessory to the principal farm use.

Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm support business is located.

Agritourism uses accessory to an existing and working farm shall comply with the following.

(1)

The use must be incidental to and directly supportive of the agricultural use of the property.

(2)

Agritourism uses shall include but are not limited to the following:

(a)

Agricultural roadside stands: see §§ 470-55 and 470-56 herein.

(b)

Cut-your-own Christmas tree operations and similar you-pick fruit and vegetable operations.

(c)

Wineries, breweries, ice cream and cheese-making operations, bakeries, and other specialty agricultural food products.

(d)

Farm-related tours, museums and agricultural exhibits, crop identification and other educational programs, corporate events, company picnics, weddings and special events.

(e)

Rodeos, agricultural fairs and festivals, horseback riding, corn mazes, haunted houses and hayrides, and wagon and sleigh rides.

(3)

All parking shall be provided on site.

(4)

Sanitary facilities shall be provided in accordance with PA DEP requirements.

(5)

(6)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

(7)

The uses shall comply with Chapter 281, Article I, Noise Control Measures for Agritainment Businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 470-86 Farm market.

Activities and services shall be directed at meeting the needs of the farming community.

§ 470-87 Feed and grain mill.

Activities and services shall be directed at meeting the needs of the farming community.

All grain storage facilities, conveying apparatuses, drying chamber and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

§ 470-88 Forestry.

Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts, subject to the following regulations.

[1]

Editor's Note: See 35 P.S. § 691.1 et seq. and 32 P.S. § 693.1 et seq., respectively.

An erosion and sedimentation pollution control plan in accordance with§ 410-21 of Chapter 410, Subdivision and Land Development, shall be submitted prior to any forestry activity.

§ 470-89 Funeral home.

All off-street stacking for the formation of the funeral procession shall be provided on the site. No funeral procession will be allowed to form on public streets.

§ 470-90 Greenhouse; horticultural nursery.

The display, sale and/or repair of power tools or motorized nursery, lawn or garden equipment shall not be permitted.

§ 470-91 Golf course.

The minimum lot size shall be:

(1)

Forty-five acres for a par 3, eighteen-hole course; and

(2)

Sixty acres for a nine-hole or executive course; and

(3)

One hundred acres for a regulation eighteen-hole course.

All golf course buildings shall be set back at least 75 feet from any adjoining streets and at least 100 feet from any adjoining residential structures.

A golf course may include the following accessory uses:

(1)

A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

(2)

Golf car maintenance and equipment storage service facilities.

(3)

Practice putting greens and driving range with outdoor lighting.

§ 470-92 Halfway house.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

All halfway houses shall comply with all applicable federal, state and local laws and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-93 Heavy equipment storage, sales and/or service.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.

No toxic or hazardous materials may be stored on any property, except in compliance with applicable state regulations.

§ 470-94 Home occupation or profession.

Employees. No person other than a resident of the dwelling unit may practice the occupation. No more than two persons shall be employed to provide secretarial, clerical or other assistance.

Pupils. No more than two pupils may receive instruction at a time.

Parking. Besides the required parking for the dwelling unit, additional parking is required as follows for each home occupation:

(1)

Two spaces for the home occupation and one space for each nonresident employee, plus;

(2)

Two additional spaces shall be provided for a physician, dentist, barbershop or beauty shop.

(3)

Garages shall not be considered parking area for home occupations. Each space provided shall not have direct access to the street to avoid vehicles backing into the flow of traffic.

Sales. There shall be no stock-in-trade stores nor commodities kept for sale that are not goods produced on the premises or used in connection with the permitted home occupation.

(1)

Appearance. No display of products may be shown so as to be visible from outside the dwelling or accessory building.

(2)

(3)

Storage. Any associated storage must be either within a totally enclosed structure or within an area to the side or rear of the principal building and appropriately screened from view.

(4)

§ 470-95 No-impact home occupation or profession.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activities.

§ 470-96 Hospital.

Hospitals shall be registered and licensed by the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of such licensing bodies.

Lot area: five-acre minimum.

Access shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-97 House of worship.

Buffers and screens shall be provided in accordance with § 470-39 to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

Any associated administrative office, educational or day-care uses shall be accessory and located on the same lot as the house of worship.

§ 470-98 Industrial activities.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-99 Industrial park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as industrial activities and professional and business offices in § 470-6, and contractor's offices shall be permitted.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-100 Junkyard or salvage yard.

This use is subject to the requirements set forth in the adopted Lower Windsor Township Junkyard Ordinance, Ordinance No. 2010-01, or most recently amended.[1]

[1]

Editor's Note: See Ch. 257, Junkyards and Junk Dealers.

§ 470-101 Kennel.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

Lot area: two acres.

All animals must be housed within a structure except while exercising.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back at least 10 feet from all property lines.

Documented evidence must be presented to the Township indicating that disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

§ 470-102 Marine rental, sales and service.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior marine vehicle storage areas shall be screened from view of any adjoining residential use.

§ 470-103 Medical clinic.

(1)

All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.

(2)

The hours during which these services are provided shall be the same as those during the regular operation hours of the principal clinic.

Necessary permits regarding water supply and sanitary waste disposal shall be provided.

§ 470-104 Mineral extraction or recovery operation.

Operational requirements.

(1)

General.

(a)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(b)

May not adversely affect any public or private water supply source.

(c)

May not adversely affect the logical, efficient, and economical extension of public services, facilities and utilities throughout the Township.

(d)

May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners.

(e)

(f)

Must comply with all current applicable federal, state and local regulations.

No stockpiles, waste piles or processing equipment may be closer than 1,000 feet to the residential use or Village District.

(b)

No part of the mineral extraction or recovery pit, private access road, truck parking area, scales or operational equipment may be closer than 500 feet to the residential use or Village District.

(6)

(7)

Other setback requirements.

(a)

(b)

Except for setbacks specified in Subsection A(5) and (6) above, no private access road, truck parking area, scales, or operational equipment, may be closer than 100 feet to a property line.

Rehabilitation requirements for mineral extraction or recovery operations.

(1)

(2)

Rehabilitation standards. In rehabilitating the area of actual mineral extraction or recovery operations, the owner or operator must comply with the following standards:

(a)

Slope. The slope of earth material in any excavated pit must not exceed the angle of slippage.

(b)

Topsoil and ground cover. Where filling of the pit is desirable and economically feasible, the fill must be a kind and depth to sustain grass, plants or trees and such must be planted.

(c)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(d)

(1)

Ownership and acreage of the land which is the site of mineral extraction or recovery operations, including all land held under contract or lease;

(2)

Type of earth resources extracted or recovered;

(3)

Present depth of excavations;

(4)

The probable effect of blasting and other excavation methods upon existing and permitted uses in the area surrounding the mineral extraction or recovery site;

(5)

Map, at a scale of one inch equal 100 feet, or such other scale acceptable to the Township, showing:

(a)

All land owned or under operation contract or lease;

(b)

Lot or land from which minerals will be extracted or recovered;

(c)

As practical, contours at twenty-foot intervals extending beyond the site to the nearest public street or highway;

(d)

Private access roads and abutting streets and highways;

(e)

Location of all structures;

(f)

Location of stockpiles and waste piles;

(g)

Title, scale, North point, and date; and

(h)

Fencing and screen planting;

(6)

The proposed reuse of the land to be quarried;

(7)

Plantings or other planned special features of rehabilitation;

(8)

The proposed methods by which rehabilitation is to be accomplished; and

(9)

A listing of those roads contained within the Township that are to be used by hauling trucks from the mineral extraction or recovery operation.

§ 470-105 Mini storage facility.

There may be one caretaker/watchman dwelling unit constructed in conjunction with this use, which, except in the Industrial District, requires the use of one development right.

If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.

The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities shall be conducted within the storage units.

The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.

If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.

All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property in accordance with § 470-41 of this chapter.

§ 470-106 Mobile home park.

This use is subject to the requirements set forth in Article VII of Chapter 410, Subdivision and Land Development.

A mobile home park and extension thereof shall also comply with all applicable state and/or local regulations.

§ 470-107 Mobile home sales lot.

The lot shall be improved with a building containing an office, display room and appurtenant facilities having an area of not less than 1,000 square feet.

§ 470-108 Motel or hotel.

§ 470-109 Multifamily residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a multifamily dwelling, the residential character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-110 Noncommercial keeping of animals.

Except in the AG District, minimum lot area: five acre.

In no event shall the number of livestock, kept on any lot, exceed 20.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals or poultry. All such enclosures shall be set back at least 10 feet from any property line.

Except in the AG District, no new agricultural buildings, shall be constructed which by their size and nature, will inhibit future residential, commercial or industrial uses.

§ 470-111 Office, professional or business.

§ 470-112 Outdoor shooting range.

The applicant shall present documentation to the Township demonstrating how the use will utilize industry approved safety techniques with regards to adjacent properties.

The applicant shall provide the Township with evidence demonstrating noise created by the use will not negatively impact the adjacent properties.

Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.

Warning signs must be posted at no more than 50 feet intervals at least 10 feet from the outside of the berms.

The firing range shall be free of gravel and other hard surface materials and be drained in accordance with § 470-40 of this chapter and all applicable Township stormwater and drainage standards.

Adult supervision must be provided for children less than 16 years of age.

Hours of operation shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.

§ 470-113 Park.

§ 470-114 Parking garage or parking lot.

Paved areas shall be no closer than 10 feet from any property line, lot line or street line, except for entrances or exit drives.

§ 470-115 Personal service business.

§ 470-116 Public services office.

§ 470-117 Public utilities.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

In the R, V and WR Districts, the external design of the building (to the extent possible) shall be in conformity with the buildings in the surrounding area.

There shall be no specific minimum lot size or lot width, however, each lot shall provide front, side and rear yard setbacks in accordance with the district in which located.

§ 470-118 Research and development laboratory.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant§ 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-119 Research and development park.

Lot area: five-acre minimum.

Permitted uses. Uses such as those listed as a "research and development laboratory" in § 470-6 shall be permitted.

Access. Primary access shall be via a collector street as designated in the Township's Comprehensive Plan.

No temporary structures or trailers will be permitted except during construction of the facility.

Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.

Outdoor storage of goods or materials shall be prohibited.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

All uses within the park must comply with all applicable federal, state and local regulations.

§ 470-120 Retail store or shop.

§ 470-121 Riding academy; boarding stable.

All animals, except while exercising or pasturing, shall be confined to a building erected for that purpose.

All stalls shall be maintained so as to minimize odors.

All outdoor training or show facilities or areas shall be set back at least 50 feet from all property lines.

All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence which shall be located at least 10 feet from all property lines.

All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance.

§ 470-122 Sawmill operation.

No saw or other machinery shall be less than 75 feet from any property or street right-of-way line.

All power saws and machinery shall be secured against tampering and locked when not in use.

All machinery used in the sawmill operation shall be located at least 500 feet from any Residential or Village District or residential use.

No sawmill shall operate between the hours of 10:00 p.m. and 6:00 a.m., including shipping and receiving raw and finished materials.

Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, a high volume of vehicular traffic then access should shall be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-123 School, commercial.

§ 470-124 School, public or private.

§ 470-125 Shopping mall, center or plaza.

Access must be via a collector street as designated in the Township's Comprehensive Plan.

§ 470-126 Solid waste disposal and/or processing facility; resource recovery facility.

All uses shall provide stacking lanes no less than 500 feet in length into the facility, so that vehicles waiting to be weighed will not backup onto public roads.

Hazardous waste as described by the PA DEP shall not be disposed of within the proposed facility.

The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

(1)

(2)

(3)

A water feasibility study shall include at a minimum the following information in addition to the provisions set forth in § 410-20 of Chapter 410, Subdivision and Land Development:

(a)

Calculations of the projected water needs;

(b)

a geologic map of the area with a radius of at least one mile from the site;

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with notation of the capacity of all high-yield wells;

(d)

The location of all existing on-lot sewage disposal systems within one 1,000 feet of the site;

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(f)

Based on the geologic formation(s) underlying the site the long-term safe yield shall be determined;

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

§ 470-127 Stockyard.

All live animals held outside shall be within secure holding pens or runways.

All storage, handling and disposal of animal wastes shall comply with provisions set forth by the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-128 Tavern.

The use shall not constitute a public or private nuisance.

The use must be more than 300 feet from any church, hospital, charitable organization, school or public playground.

The use must be more than 200 feet from any other facility licensed by the Pennsylvania Liquor Control Board.

The use shall meet all applicable state and local regulations.

§ 470-129 Truck or motor freight terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

Storage of materials shall conform to all applicable state and federal regulations.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-130 Two-family residential conversion.

Residential dwelling conversions shall require the use of one development right per additional unit.

Where an existing dwelling is converted to a two-family dwelling, the character of the existing structure shall be maintained except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area and all other applicable requirements of this chapter shall be met.

The structure shall comply with all state and local applicable rules and regulations including, but not limited to, fire, health, safety and building codes.

§ 470-131 Vehicle sales or rental facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

In accordance with § 470-39 of this chapter, all exterior vehicle storage areas shall be screened from view of any adjoining the Village or Residential District or residential use.

The storage of unlicensed vehicles on the premises is prohibited, except for new or used vehicles that are "for sale" or are considered "rental."

All merchandise, except vending machines, shall be stored within a building.

If gasoline pumps are to be installed, all requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied. Retail sale of gasoline is prohibited.

§ 470-132 Vehicle repair and service facility.

All service and/or repair activities shall be conducted within a wholly enclosed building.

All exterior vehicle storage areas shall be screened from view of any adjoining residential district or use in accordance with § 470-39 of this chapter.

If gasoline pumps are to be installed, all special exception requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied.

All vehicles shall be repaired and removed from the premises within a six-week period.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

§ 470-133 Vehicle washing facility.

Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.

Stacking lanes that accommodate a minimum of three vehicles per washing bay shall be provided to prevent vehicle backup on adjoining roads.

§ 470-134 Warehouse.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-135 Wholesale establishment.

Access shall be via a collector street as identified by the Township's Comprehensive Plan.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

No outdoor storage of commodities is permitted.

§ 470-136 Wholesale vehicle sales terminal.

Access shall be via a collector street as designated by the Township's Comprehensive Plan.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.

Vehicle loading and unloading is prohibited between 11:00 p.m. and 6:00 a.m.

§ 470-137 Wireless communications towers and antennas.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a wireless communications tower and/or wireless communications antennas.

(1)

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and that reinforcement cannot be accomplished.

(2)

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and that the interference cannot be accomplished.

(3)

(4)

(5)

A commercially reasonable agreement could not be reached with the owners of such structures.

The following standards shall apply to wireless communications antennas co-located on an existing building, structure, wireless communications tower or Public Utility transmission tower.

(1)

No wireless communications antenna shall be located on any single-family detached dwelling.

(2)

(3)

Detailed construction and elevation drawings shall be submitted.

(4)

(5)

All wireless communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(6)

Wireless communications antennas shall not cause radio frequency interference with other communications facilities located in Lower Windsor Township.

Access to the wireless communications tower and wireless communications equipment building shall be provided by means of a public street or easement to a public street.

[1]

Editor's Note: See also Ch. 180, Construction Codes.

§ 470-138 Alternative energy systems.

Alternative energy systems include geothermal heat pumps, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

All alternative energy systems, as accessory uses or structures, or as principal uses permitted by special exception, shall be built and operated in accordance with the following:

(1)

Geothermal systems shall be permitted in all districts subject to the following regulations:

(a)

[1]

Editor's Note: See also Ch. 180, Construction Codes.

(b)

Only the following types of geothermal energy systems shall be permitted:

[1]

Closed horizontal loop;

[2]

Closed vertical loop; and

[3]

Open horizontal loop systems relying upon injection wells or watercourses.

(c)

Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot.

(d)

For closed loop systems, the following shall apply:

[1]

For all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

[2]

All horizontal closed loop systems shall be no more than 20 feet deep.

[3]

The top 50 feet of all closed vertical loop geothermal energy system bore holes shall be grout sealed in accordance with IGSHPA standards.

(e)

For open horizontal loop systems, the following shall apply:

[1]

Water extraction.

[a]

Open loop systems may utilize a watercourse to the extent permissible under federal, state, or local municipal laws or regulations.

[b]

[2]

Discharge of water.

[a]

Discharge of water from open loop systems into sanitary sewer systems shall be prohibited, except upon approval by the sanitary sewage system provider.

[b]

Discharge of water from open loop systems into storm sewers shall not be permitted.

[c]

[d]

Discharge of water from open loop systems into a watercourse shall comply with all federal, state, or local municipal laws or regulations.

[e]

Underground injection of water discharge from an open loop system shall be subject to the following conditions:

[i]

Returned water shall contain no treatment additives or other introduced chemicals.

[ii]

The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.

[iii]

The return well shall be located a minimum distance of 100 feet from the on-site well.

[iv]

The return well shall recharge the groundwater from which supply water is extracted.

[v]

(2)

Outdoor hydronic heaters. Outdoor hydronic heaters shall be permitted as accessory uses and accessory structures in the Agricultural District and shall be subject to the following regulations:

(a)

[2]

Editor's Note: See also Ch. 180, Construction Codes.

Solar energy systems.

(a)

Accessory solar energy systems shall be permitted in all districts subject to the following regulations:

[1]

[2]

[3]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

[4]

All accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

[5]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[6]

No part of any accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[7]

Accessory solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within the underlying zone.

[8]

Accessory solar energy systems which are ground mounted or freestanding detached from the principal or accessory structure shall not exceed 15 feet in height.

(b)

Principal solar energy systems shall be subject to the following regulations:

[1]

[4]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

[a]

[b]

Such facilities cannot feasibly be attached to a building due to structural limitations of the building.

[3]

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

[4]

All principal solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

[5]

Principal solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each the underlying zone.

[6]

[7]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[8]

(4)

Wind energy systems.

(a)

Accessory wind energy systems shall be permitted as accessory uses and accessory structures in all districts subject to the following regulations:

[1]

[2]

[5]

Editor's Note: See also Ch. 180, Construction Codes.

[3]

No more than one accessory wind energy system shall be permitted per property.

[4]

All on-site utility and transmission lines shall be placed underground.

[5]

No part of any accessory wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

[6]

[7]

No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[8]

The maximum height of any accessory wind energy system shall be 100 feet. The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.

[9]

[10]

[11]

Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any property.

[12]

(b)

Principal alternative energy facilities. Principal wind energy systems shall be subject to the following regulations:

[1]

[6]

Editor's Note: See also Ch. 180, Construction Codes.

[2]

[3]

All on-site utility and transmission lines shall be placed underground.

[4]

[5]

Principal wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

[6]

Wind turbines and towers shall not display advertising, except for reasonable identification of the principal wind system's manufacturer. Such sign shall have an area of less than four square feet.

[7]

Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

[8]

All principal wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.

[9]

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[10]

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[11]

No portion of any principal wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[12]

[13]

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

[14]

[15]

(5)

Anaerobic manure digester.

A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the anaerobic digester system.

(f)

(6)

Definitions. The following definitions relate to alternative energy systems including geothermal, outdoor hydronic heaters, solar and wind energy systems, and anaerobic digesters.

ANAEROBIC DIGESTER

ANAEROBIC DIGESTION

The process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings.

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.

GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.

(d)

GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

(e)

OUTDOOR HYDRONIC HEATER (WOOD-FIRED BOILER)

A fuel-burning device, also known as "outdoor wood-fired furnace," and "outdoor wood-burning appliance," designed:

(a)

(b)

By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and

(c)

To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

SOLAR ENERGY SYSTEM

STACK

Any vertical structure enclosing a flue(s) that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.

TURBINE HEIGHT

The distance measured from the highest point of the wind turbine rotor plane to the ground level.

WIND ENERGY SYSTEM

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

§ 470-139 Sewage pump and haul.

Financial security posted with the Township as determined by the Township Engineer sufficient to cover two years' operation, maintenance and repair.

Lower Windsor TownshipCity Zoning Code

ARTICLE VI

§ 470-50 Purpose.

§ 470-51 Requirement of specific standards.

§ 470-52 Accessory garage apartment or rental cottage.

§ 470-53 Adult regulated facility.

§ 470-54 Agricultural equipment/machinery sales and service.

§ 470-55 Agricultural roadside stand, temporary.

§ 470-56 Agricultural roadside stand, permanent.

§ 470-57 Airport; airstrip.

§ 470-58 Animal hospital or veterinary clinic.

§ 470-59 Bed-and-breakfast inn.

§ 470-60 Boardinghouse or rooming house.

§ 470-61 Boat launching facility, boat storage facility, or marina.

§ 470-62 Campground.

§ 470-63 Convalescent home or nursing home.

§ 470-64 Day-care center.

§ 470-65 Domiciliary care home.

§ 470-66 Family day-care home or group day-care home.

§ 470-67 Group home.

§ 470-68 Personal care boarding home.

§ 470-69 Cemetery.

§ 470-70 Club room, club grounds, or meeting hall.

§ 470-71 Commercial recreational facility, indoor.

§ 470-72 Commercial recreational facility, outdoor.

§ 470-73 Communication facilities.

§ 470-74 Convenience store, convenience store dispensing fuel, or vehicle fueling station.

§ 470-75 Cottage industry.

§ 470-76 Crematorium.

§ 470-77 Dwelling, caretaker/watchman.

§ 470-78 Dwelling, group quarters.

§ 470-79 Dwelling, multifamily.

§ 470-80 Dwelling, single-family attached.

§ 470-81 Dwelling, temporary housing for farm workers.

§ 470-82 Dwelling, temporary recreational.

§ 470-83 Drive-in business, drive-through business.

§ 470-84 Eating establishment.

§ 470-85 Family farm support business.

§ 470-86 Farm market.

§ 470-87 Feed and grain mill.

§ 470-88 Forestry.

§ 470-89 Funeral home.

§ 470-90 Greenhouse; horticultural nursery.

§ 470-91 Golf course.

§ 470-92 Halfway house.

§ 470-93 Heavy equipment storage, sales and/or service.

§ 470-94 Home occupation or profession.

§ 470-95 No-impact home occupation or profession.

§ 470-96 Hospital.

§ 470-97 House of worship.

§ 470-98 Industrial activities.

§ 470-99 Industrial park.

§ 470-100 Junkyard or salvage yard.

§ 470-101 Kennel.

§ 470-102 Marine rental, sales and service.

§ 470-103 Medical clinic.

§ 470-104 Mineral extraction or recovery operation.

§ 470-105 Mini storage facility.

§ 470-106 Mobile home park.

§ 470-107 Mobile home sales lot.

§ 470-108 Motel or hotel.

§ 470-109 Multifamily residential conversion.

§ 470-110 Noncommercial keeping of animals.

§ 470-111 Office, professional or business.

§ 470-112 Outdoor shooting range.

§ 470-113 Park.

§ 470-114 Parking garage or parking lot.

§ 470-115 Personal service business.

§ 470-116 Public services office.

§ 470-117 Public utilities.

§ 470-118 Research and development laboratory.

§ 470-119 Research and development park.

§ 470-120 Retail store or shop.

§ 470-121 Riding academy; boarding stable.

§ 470-122 Sawmill operation.

§ 470-123 School, commercial.

§ 470-124 School, public or private.

§ 470-125 Shopping mall, center or plaza.

§ 470-126 Solid waste disposal and/or processing facility; resource recovery facility.

§ 470-127 Stockyard.

Lower Windsor Township
City Zoning Code

Lower Windsor Township
City Zoning Code