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Township of Middle Smithfield, PA
Monroe County
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Table of Contents
Table of Contents
For the purposes of this chapter, the regulation of the use of land or the use of a structure within a specific zoning district situate in Middle Smithfield Township is divided into the following categories with the following abbreviations:
P
Permitted as a use by right
C
Permitted as a conditional use
S
Permitted as a use by special exception
N
Prohibited as a use
A. 
P Permitted as a use by right: a use within a zoning district that is permitted as a use by right; a permitted use must comply with all the requirements of this chapter.
B. 
C Permitted as a conditional use: a use that would not be appropriate generally or without conditions throughout a zoning district, but which is permitted after a hearing before the Board of Supervisors, and approval issued therewith, and pursuant to compliance with the provisions of the MPC, as well as the regulations set forth herein.
C. 
S Permitted as a use by special exception: a use that would not be appropriate generally or without conditions throughout a zoning district but which is permitted, after a hearing before the Zoning Hearing Board, and approval issued therewith, and pursuant to the provisions of the MPC and with the imposition of certain restrictions as to number, area, location or relation to the neighborhood which, if required, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare as set forth herein.
D. 
N Prohibited as a use in Middle Smithfield Township: Any use of land, a building or a structure within the Township that is not preempted or exempt from Township regulation and is not permitted as a use by right, a conditional use or as a special exception in a particular zoning district is prohibited as a use in that district.
If a use is clearly not provided for in this chapter, whether as a permitted use as of right or by conditional use or as a use by special exception within any zoning district within the municipality, then the Zoning Officer(s) may make a determination as to whether the use not specifically provided for is similar to a use permitted by conditional use or similar to a use permitted by special exception. Once this determination is made by the Zoning Officer, the applicant must satisfy certain conditions to the appropriate board as set forth herein.
A. 
Similar to a use permitted by special exception. If the Zoning Officer determines that a use not specifically provided for is similar to another use permitted by special exception under this chapter, then the proposed use may also be permitted by special exception if the applicant proves to the satisfaction of the Zoning Hearing Board that the following conditions can and shall be met:
(1) 
The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by right or by special exception within the district;
(2) 
The proposed use would be closely similar in impact and character to uses permitted by right or by special exception within that district; and
(3) 
The proposed use would meet all of the standards that would apply to the use to which the proposed use is most similar.
B. 
Similar to a use permitted as a conditional use. If the Zoning Officer determines that a use not specifically provided for is similar to another use permitted as a conditional use under this chapter, then the proposed use may also be permitted as a conditional use if the applicant proves to the satisfaction of the governing body that the following conditions can and shall be met:
(1) 
The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by conditional use within the district;
(2) 
The proposed use would be closely similar in impact and character to uses permitted by conditional use within the district; and
(3) 
The proposed use would meet all of the standards that would apply to the conditional use to which the proposed use is most similar.