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
|
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.