When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTINGTwo or more contiguous lots, pieces or parcels of land, that share a common point or lot line.
ACCESSORY SOLAR ENERGY SYSTEMAn area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more free-standing ground or roof mounted solar arrays or modules and/or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
ACCESSORY STRUCTUREA structure clearly incidental and subordinate to, and customarily in connection with, and located on the same lot, piece or parcel of land as the principal structure.
ACCESSORY USEA use clearly incidental and subordinate to and customarily in connection with and located on the same lot, piece or parcel of land as the principal use.
ADJACENTTwo or more lots that share a common point or lot line or would share a common point or lot line but for an alley, right-of-way, street or watercourse separating them. An abutting lot is always an adjacent lot; however, an adjacent lot is not always an abutting lot. Abutting imparts that the lots are so joined and united to each other that no third object intervenes.
ADJUSTED TRACT AREAThe total lot area within a subdivision or land development plan minus the percentages of land area with certain features, as provided in Article
XIII of this chapter.
Adult bookstore, adult movie theater, adult massage parlor, or adult live entertainment facility. These terms shall each be distinct types of adult uses as defined herein.
A. ADULT USE, BOOKSTOREA use that has over 10% of the total floor area occupied by items for sale and/or rent that are books, films, newspapers, magazines, DVDs, videotapes, or other recorded format; coin- or token-operated films, videotapes, or other recorded format; paraphernalia, novelties or other materials and/or media which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law. If such items are within a separate room, then the 10% standard shall apply to the floor area of such room.
(1) One or more adults in the facility (which may include, but not be limited to, waiters, waitresses, dancers, clerk, bartenders, contractors or others) who are:
(a) Displaying uncovered male or female genitals or nude or almost nude female breasts; or
Engaging in simulated or actual "adult use, specified sexual activities" or repetitive contact between the genital areas of two or more adults or between the anal and genital areas of two or more adults; and
Which is related to an entrance charge, cover charge, tips or other monetary compensation paid by the spectators, patrons and/or customers to the person or entity operating the use or to persons involved in such activity.
ADULT USE, MASSAGE PARLORAn establishment involving massages given between adults for consideration. For therapeutic massages see "health spa."
ADULT USE, MOVIE THEATERAn establishment, where for any form of consideration, films, motion pictures, video cassettes, slides, DVDs or similar photographic reproductions are shown in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities.
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth herein.
AGRICULTURE, GENERALThe cultivation of the soil and the raising and harvesting of the products of the soil, including, but not limited to, the "nursery" use and also including the customarily accessory "livestock, keeping of" use, which includes the housing, grazing or breeding of grazing animals or poultry livestock, birds or fowl; the "agriculture, general" use does not include "agriculture, intensive."
AGRICULTURE, INTENSIVEThe commercial production of agricultural, agronomic, horticultural, silvicultural and/or aquacultural crops and/or commodities for market. The "livestock, keeping of" as the principal use, or the commercial raising of mushrooms shall also be considered agricultural, intensive.
AGRICULTURE, RETAILA seasonal selling or offering for sale at retail by vendors who have home-grown vegetables, produce, flowers that they are offering for sale or have themselves prepared homemade commodities (i.e., jams, jellies, canned pickles) that are being offered for retail sale occurring in a pre-designated area.
AIRPORTAny area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary passenger and cargo facilities, fueling, maintenance, repair, storage, and emergency services facilities.
ALLEYA publicly or privately owned right-of-way which provides a secondary means of access to the side or rear of abutting property and not intended for general traffic circulation.
ALTERATIONAs applied to building, structure or sign, means a change, rearrangement, renovation, relocation, or enlargement in the structural parts or exterior or which would change its use classification.
ALTERNATIVE TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANIMAL EQUIVALENT UNIT1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. Definition obtained from PA Nutrient Management Act (Act 38).
ANIMAL, DOMESTICAny animal customarily kept by humans for companionship that are commonly sold in retail pet shops within the community and does not require a special handling license and normally habituates under the same roof as its owner/master, including, but not limited to, dogs, cats, rodents, birds, gerbils, rabbits, insects, hamsters, fish and reptiles.
ANIMAL, EXOTICAnimals that are regulated as "exotic wildlife" by the Pennsylvania Game Commission. This term shall also include animals of the family Felidae except those species commonly called "house cats" and members of the family Canidae except those commonly called "dogs," and those licensed by the Pennsylvania Game Commission. Wolves and wolf-dog hybrids shall also be considered to be exotic animals. Exotic animals shall also include all non-native animals, except small animals and birds customarily kept as house pets. Notwithstanding the foregoing, Llamas and Alpacas are not to be classified as exotic animals.
ANIMAL, GRAZINGAnimals that subsist wholly or partly on naturally growing pastures.
ANIMAL, GRAZING UNITOne grazing animal constitutes a grazing unit; suckling offspring are included within the same animal unit as the mother until weaned.
ANIMAL, POULTRYBirds kept either in pens or structures for the purpose of providing food, clothing, breeding and production, including but not limited to chickens, turkeys, ducks, geese, pigeons, pheasants or other fowl.
ANTENNAAn exterior device or apparatus designed for but not limited to cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave or any other wireless communications through transmission and/or receiving of electromagnetic waves, or otherwise.
ANTENNA HEIGHTThe vertical distance from the base of the antenna/tower support structure at grade to the highest point of the structure, including any attachment thereto. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
APPLICANTA landowner or developer, who has filed an application for development, including his heirs, successors and assigns.
ASPHALT FACILITYSee "extractive operations, sand and gravel pit, asphalt/concrete plant."
ASSISTED LIVING CENTERA use involving the housing, care and supervision of elderly persons and persons with disabilities and which is licensed by the Commonwealth of Pennsylvania as an Assisted Living Center.
AWNINGAny material such as fabric, glass, flexible plastic or metal that is supported by or stretched over a frame that is attached to an exterior wall which may or may not be retractable.
BARSee "night club/bar/tavern."
BASEMENTThat portion of a building that is partly or completely below grade.
BED AND BREAKFASTA dwelling occupied by the bed and breakfast business owner, where no more than eight bed and breakfast units are rented to overnight guests on a nightly basis for periods of not more than 30 days. Breakfast or brunch for overnight guests is the only meal that may be provided.
BED AND BREAKFAST UNITA room or group of rooms in a bed and breakfast forming a single habitable unit used or intended to be used for living and sleeping, but not cooking or eating purposes.
BELFRYA tower or a room in a tower for a bell or set of bells.
BERMAn earthen mound designed to create a visual and/or sound barrier between a use and adjoining properties, streets, and adjacent uses and/or to retain water, earth or activity on one side of the mound from the other side.
BLIGHTThe physical deterioration of a building because of lack of proper maintenance or repair, or the collection of excessive trash and debris within or around a building.
BOARD OF SUPERVISORSThe Board of Supervisors of Middle Smithfield Township, Monroe County, Commonwealth of Pennsylvania.
BUFFERAn area separating two different types of zones, classes, areas, uses, or districts to make each blend more easily with each other (e.g., strip of land between industrial and residential areas). The buffer shall only contain open space, approved pedestrian pathways, berms and landscaping to provide suitable screening. A buffer may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer requirement.
BUILDINGA structure with walls and a roof that is designed for habitation, shelter, storage, trade, manufacture, religion, business, commerce, industry, education, and the like. A building is always a structure; however, a structure is not always a building.
A. BUILDING, ATTACHEDA structure with enclosing walls as well as two party walls in common with an adjacent building.
BUILDING AREAThat portion of a lot, excluding required setback areas and restricted easement areas, upon which a structure can be erected.
BUILDING COVERAGEThe total area of a lot covered by all buildings and accessory structures divided by the total gross area of the lot equals the building coverage on a lot, usually expressed as a percentage.
BUILDING HEIGHTThe vertical distance measured from the average ground level on the exterior perimeter of the building to the highest point of the roof. Exceptions to height regulations shall apply to the following structures: church spires, belfries, farm structures, silos, chimneys, flues, stacks, fire escapes, parapets, gas holders, elevator enclosures, ventilators, skylights, water tanks, and similar roof structures needed to operate and maintain the building on which they are located, flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, electric transmission line towers, and electric substation structures, and utility poles.
BUILDING MATERIAL SALESFacilities and buildings designed for the sale of building materials, including, but not limited to, lumber, tools, paints and other building supplies.
BUILDING SPACINGThe minimum distance, as set forth herein, between two buildings that shall be measured from the outermost wall or projection, including, but not limited to, bay windows, chimneys, flues and columns.
BUS SHELTERStructures to provide protection from adverse weather conditions while awaiting the arrival of public/school transportation.
BUSINESSAny enterprise, occupation, trade or professional engaged in, either continuously or temporarily, for profit excluding retail, manufacturing and industrial. The term "business" shall include the occupancy or use of a building or lot or any portion thereof for the transaction of business or the rendering or receiving of professional services.
BUSINESS PARKA business park is an area organized and laid out in accordance with an overall plan for a community of businesses, including the servicing of these businesses, and designed to insure compatibility between the business operations in the park and the surrounding area through such devises as landscaping, architectural control setbacks, and use requirements.
CAMPGROUNDShall mean a use that involves one or both of the following:
A. COMMERCIAL CAMPA business offering cottages, cabins or similar accommodations, with eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public for seasonal activities, such as religious and sports camps.
RECREATIONAL CAMPING PARKAny privately or municipally owned parcel of land accessible by automobile or other engine-driven vehicle designed for the purpose of supplying accommodations for overnight use by campers whether sleeping in tents, pop-ups and/or other recreational vehicles; and may include associated recreational facilities.
CARTWAYThat portion of a street right-of-way, paved or unpaved, including the shoulders of the road, intended for vehicular use.
CASINOSee "gaming/gambling establishment."
CEMETERYLand used for the burial or internment of the dead.
CENTER LINEThe center of the surveyed street, road, lane, alley or right-of-way, or when not surveyed, the center of the travelway.
CHANGE OF USEThe discontinuance or change of an existing use within a building or on a lot to a new use or different kind or class of use under and subject to the regulations set forth herein.
COLLOCATIONTo install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
COMMON OPEN SPACEAn open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. See also "open space."
COMMUNICATIONS ANCILLARY EQUIPMENTAny equipment serving or being used in conjunction with a WCF or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
COMMUNICATIONS ANTENNAAn apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
COMMUNITY CENTERAn educational, social, cultural or other similar facility, operated by a public or non-profit group or agency.
COMPREHENSIVE PLANThe Township plan document setting forth policies for future growth and development, and adopted by the Township pursuant to Article
III of the Pennsylvania Municipalities Planning Code.
See "extractive operations, sand and gravel pit, asphalt/concrete plant."
CONSERVATION DEVELOPMENTA subdivision and/or land development that allows flexible development of areas with sensitive natural features in such a way as to: avoid severe soil erosion and sedimentation; avoid severely increased stormwater flows and velocity; steer development to those areas that are more physically suited for it; avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain; avoid increased use of steep roads and driveways that are dangerous to drive upon in inclement weather; conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats; reduce construction costs; allow each property owner a reasonable use of their land, related directly to the natural features and location and accessibility of the land; provide for the preservation of significant areas of preserved open space; and recognize that groundwater supplies and the ability of the ground to treat wastewater are limited.
CONVENIENCE STOREA retail store with less than 5,000 square feet that sells food and beverages primarily for consumption off-premises and other household supplies and may also sell automotive fuel; does not include automotive service stations or vehicle repair shops; it is designed to attract a large volume of stop and go traffic.
CONVERSIONA change or adaptation of land or structure to a different use, occupancy or purpose.
COUNTY COMPREHENSIVE PLANA land use and growth management plan prepared by the Monroe County Planning Commission and adopted by the Monroe County Commissioners on June 30, 1999, which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plan and land use regulations.
CROSSWALK OR WALKWAYA strip of land, including a right-of-way dedicated to public use, to facilitate pedestrian access.
DATA CENTERA building or buildings which are occupied primarily by computers and/or telecommunications and related equipment where digital information is processed, transferred and/or stored, primarily to and from offsite locations. This use does not include computers or telecommunications related equipment that is secondary and customarily incidental to an otherwise permitted use on the property, such as servers associated with an office building. This use shall also include cryptocurrency mining, blockchain transaction processing, and server farms. A data center may include "data center accessory uses."
DATA CENTER ACCESSORY USEAncillary uses or structures secondary and incidental to a data center use, including but not limited to: administrative, logistical, fiber optic, storage, and security buildings or structures; sources of electrical power such as generators used to provide temporary power when the main source of power is interrupted; electrical substations; utility lines; domestic and non-contact cooling water and wastewater treatment facilities; water holding facilities; pump stations; water towers; environmental controls (air conditioning or cooling towers, fire suppression, and related equipment); security features, provided such data center accessory uses/structures are located on the same tract or assemblage of adjacent parcels developed as a unified development with a data center. The use shall not include energy generation systems used or intended to be used to supply power to the data center during normal operations.
DAY CARE CENTER, STATE LICENSED FACILITIESAny dwelling, building, or portion thereof, including any on-site outdoor play or recreation area, which provides care for children or adults, as further defined below.
A. DAY CARE CENTER, CHILDThe state-licensed premises in which care is provided at any one time for seven or more children unrelated to the operator, in accordance with state law, as amended.
DAY CARE, FAMILY CHILDA state-licensed home other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator, in accordance with state law, as amended.
DAY CARE, GROUP CHILDThe state-licensed premises in which care is provided at one time for more than six but fewer than 16 older school-age children or more than six but fewer than 13 children of another age level who are unrelated to the operator, in accordance with state law, as amended. The term includes a facility located in a residence or another premises.
DAY CARE, OLDER ADULT DAILY LIVING CENTERThe state-licensed premises operated for profit or not-for-profit in which older adult daily living services are simultaneously provided for part of a 24-hour day for four or more clients how are not relatives of the operator, in accordance with state law, as amended.
(1) The temporary or occasional care of three or less children or adults not related to the person giving care which takes place at the home of the person giving care.
The temporary or occasional care of three or less children or adults at a dwelling unit customarily and regularly occupied by the children or adults as their residence.
Note: See Article IV, Use Regulations within Zoning Districts, Division 40, § 040-050. |
DENSITYDensity is a measure of, and expressed in, the number of dwelling units per unit of area. The measure is arrived at by dividing the number of dwelling units by the adjusted tract area, unless otherwise stated. See the dimensional (area) requirements for each dwelling based on the zoning district for use as the denominator, and the calculations used to determine the adjusted tract area as defined elsewhere within this chapter for use as the nominator, in order to determine the density.
DEPThe Pennsylvania Department of Environmental Protection and its relevant bureaus.
DETENTION FACILITYPublicly or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. Such facilities include an adult detention center, juvenile delinquency center and/or detention center, jail or prison but do not include temporary holding cells or sally-ports.
DEVELOPERAny landowner or legally authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
DEVELOPMENT PLANThe provisions for development, including a traditional neighborhood development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DILAPIDATEDThe substantial physical deterioration of a building because of misuse or lack of proper maintenance or repair, in a manner that has caused structural problems and/or a deteriorated roof, porch or walls.
DRIVE-IN BUSINESSAn establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service, obtain a product, or be entertained while remaining in a motor vehicle. Accessory services provided for customers which do not require the direct assistance of personnel of the establishment outside of the confines of the building (e.g., self-service gasoline pumps, vending machines, automatic teller machines, etc.) shall not be encompassed in this definition.
DRIVEWAYA privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the road.
DWELLINGA structure providing complete, independent living facilities for one family, including permanent provisions for cooking, eating, sanitation and sleeping. See "types of dwellings."
A. DWELLING, ACCESSORY APARTMENTA second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling unit, which shall only be occupied by a relative of the owner-occupant of the principal dwelling unit, except when said unit is in a TND project.
DWELLING, APARTMENT COMPLEXOne or more dwelling units within a building that do not meet the definition of single-family detached dwelling, twin dwelling, duplex, or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
DWELLING, BOARDING HOUSEA residential structure in which room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation by more than the maximum permitted unrelated persons for a standard dwelling unit; may also be referred to as a "rooming house" or "lodging house." A boarding house shall not include a use that meets the definition of a hotel/motel/inn, dormitory, life-care center, personal care center, bed and breakfast, group home or nursing home. A college fraternity/sorority house used as a residence shall be considered a type of boarding house. Emergency, temporary or permanent homeless shelters may be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents but shall not include a restaurant open to the public unless it meets the requirements for a restaurant.
DWELLING, DORMITORYA structure used primarily as a residence for multiple persons not related by blood or marriage. A dormitory shall include but not be limited to housing for students, fraternities, and sororities and also all other structures occupied by groups of persons unrelated by blood or marriage sharing a dwelling as their primary permanent residence. Dormitories shall not include boarding houses, nursing homes, group homes, or any housing arrangement where a group of persons unrelated by blood or marriage live together as a family.
DWELLING, DUPLEXA structure with two dwelling units whereby one dwelling unit accommodating one family is attached to but completely separated by a vertical un-pierced fire-resistant wall to only one additional dwelling unit. One side yard, a rear yard and a front yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
DWELLING, GROUP HOMEA dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act, as amended. Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.
(1) It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
A group home shall not include a treatment center.
DWELLING, HOMELESS SHELTER, PERMANENTA facility providing, on a nonprofit basis, and without charge, temporary lodging, with or without meals, to indigent, needy, or homeless persons. This use may also provide ancillary services such as, but not limited to, counseling and vocational training. This use operates for more days than a temporary homeless shelter.
DWELLING, HOMELESS SHELTER, TEMPORARYThe temporary use of a facility providing, on a nonprofit basis, and without charge, single-night, temporary lodging, with or without meals, for people with no ordinary or regular home or residence address, such as cold night shelter. Temporary shelters shall operate no more than a total of 30 days per year, a year being the period from July 1 through June 30. A temporary overnight shelter shall only be used as an accessory use to a church or nonprofit agency that has been established for a period of at least 12 consecutive months and where specifically permitted in this chapter and shall meet the following requirements:
(1) Any temporary overnight shelter for the homeless shall comply fully with the requirements of applicable state, county and township codes, ordinances and regulations; and
Any temporary overnight shelter for the homeless shall be contained within the structure of, and operated by, a not-for-profit corporation or charitable organization.
DWELLING, MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece or two substantial pieces designed to be joined into one integral unit capable of again being separated for transport; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. This term shall only allow dwellings constructed to federal Manufactured Housing Construction Standards. The terms "mobile home" and "manufactured home" have the same meaning.
DWELLING, RESIDENTIAL CONVERSIONThe conversion of an existing residential building into two or more dwelling units or a non-residential building into one or more dwelling units that may still contain the original non-residential use.
DWELLING, TOWNHOUSE (INCLUDES ROWHOUSE)One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by un-pierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
DWELLING, TWIN DWELLING UNITA structure with two dwelling units whereby one dwelling unit accommodating one family is attached to but completely separated by a horizontal unpierced fire-resistant wall to only one additional dwelling unit. Open yard areas shall be on all sides of the duplex dwelling unit. The structure is generally on a single lot.
DWELLING UNITOne or more rooms, including sleeping areas, a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family, for living and sleeping purposes, and containing a minimum habitable floor areas as may be set forth in any building and/or housing Code in the Township. See also §
044-090 concerning short-term rentals of housing.
An easement is a right acquired from a landowner to use the land of another for a special purpose, including, but not limited to, access, conservation, stormwater, and utility. An easement holder has a real property interest that is usually created by a written instrument or confirmed by a Court order; it is usually permanent; an easement cannot be revoked and the ownership of an easement follows the ownership of the land to which it belongs.
EMERGENCY SERVICE FACILITIESFacilities operated by public agencies, including emergency service facilities, fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
ENGINEER, PROFESSIONALA person fully licensed as a professional engineer within the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIPThe Middle Smithfield Township Engineer or any consultant designated by the Board of Supervisors to review a subdivision plan, land development plan and/or other applications that may come before the Township and perform the duties of engineer on behalf of the Township.
ESSENTIAL SERVICES/UTILITIESIncludes the provision of gas, electrical, communication, telephone, sewer, waste material, water, public safety and other similar services. The facilities required to provide such services shall consist of:
A. Limited facilities including equipment such as poles, towers, wires, drains, sewers, pipes, conduits, cables, police call boxes, traffic signals, hydrants and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way. Such facilities shall not be considered a conditional use.
Major facilities including equipment which requires enclosure within a building or construction of its own site such as gas storage areas, recycling collection stations, solid waste substations, substations, telephone exchanges, wastewater treatment facilities and wastewater pumping stations, water wells, water storage and water treatment facilities. Such facilities shall be considered a conditional use, unless said use is specifically addressed elsewhere in this chapter.
EXPLOSIVESDynamite, gunpowder, fuse, blasting caps, electric blasting caps, detonators and other explosives. This shall not prohibit the storage of gunpowder and primers to be used for reloading of ammunition for personal use.
FAMILYOne or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. Family also includes unrelated persons residing within a licensed group home as defined herein. (The Township's intent is to comply with the Federal Fair Housing Act, as amended from time to time.)
FARMA lot or lots, of two or more acres, that is used primarily for the production of crops or other agricultural products and/or the raising of livestock or poultry, and which may include a dwelling unit and buildings to support the agricultural activities. This term may also include a tree farm, vineyard or orchard. See also definitions of "agriculture, general" and "agriculture, intensive."
FENCE/WALLA partition or man-made barrier constructed of wood, stone, metal or other materials, placed or arranged as a line of demarcation, raised to some height, dividing a piece of land into distinct portions or separating two contiguous parcels and intended for purposes of privacy, security and enclosure and which does not serve as a necessary retaining wall or building wall.
FIREWORKSA combustible or explosive composition, substance or combination of substances, or article prepared for the purpose of producing a visible and/or an audible effect by combustion, explosion, deflagration or detonation.
FLOODPLAIN (100-YEAR)A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse likely to occur once every 100 years; and/or any area subject to the unusual and rapid accumulation of surface water from any source which is likely to occur once every 100 years. (100-year flood: A flood that, on the average has a 1% chance of occurring each year although the flood may occur in any year.) For the purposes of this chapter, the "100-year floodplain" shall be those areas identified as such on the latest version of the official Flood Insurance Rate Map (FIRM) and Study (herein referred to as the "Federal Floodplain Study") for the Township as issued by the United States Federal Emergency Management Agency (FEMA) or other appropriate study found to be acceptable to the Township Engineer.
FOOD CARTA cart that is not motorized and that a vendor, standing outside of the frame of the cart, uses to prepare, sell or serve food or beverages for immediate human consumption.
FOOD TRUCKA large wheeled vehicle from which food is sold for immediate human consumption that typically contains cooking facilities where the food is prepared.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FUEL STORAGE AND DISTRIBUTIONA facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.
FUNERAL HOMEA building devoted to the care, embalming, and holding of services for the dead, including the sale of funeral equipment as an accessory activity.
GAMING/GAMBLING ESTABLISHMENTAn establishment that includes any and all gaming uses, including, but not limited to, casinos, off-track betting establishments, and other similar activities, whether or not including a restaurant, night club, hotel, bar or similar use, in accordance with state law, but excluding state lottery programs, and betting under the Small Games of Chance provisions of Pennsylvania Law.
GARDENThe customary, permitted by right, accessory use of a portion of a lot for the production of agricultural crops, fruits, flowers, herbs or closely similar agricultural products, but does not include 1) the raising of livestock or poultry unless specifically allowed, and/or 2) "agriculture, intensive" or "agriculture, general."
GAS STATIONA building or lot or part thereof selling gasoline or other equivalent fuel to motor vehicles at retail dispensed directly into vehicles from pumps, where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories, and safety and emissions inspection, and sale of prepackaged propane. These may include a "convenience store." A business that maintains an accessory use providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be a "gas station."
GLAREThe sensation produced by the luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted which causes annoyance, discomfort, or loss of visual.
GOLF COURSEA tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses.
GRADEThe average level of the finished surface of the ground adjacent to a sign and/or structure or adjacent to the exterior wall of the building. The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
GRADE, FINISHEDThe completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GRAVEL PITSee "extractive operations, sand and gravel pit."
GROSS FLOOR AREAThe total gross horizontal area on all floors as measured to the outside surfaces of the exterior walls, excluding crawl spaces, garages, carports, attics without floors, open porches, balconies and terraces.
GUYED TOWERA communication tower that is supported, in whole or in part, by guy wires and ground anchors.
HEALTH CARE CLINICA building or a portion of a building containing offices and facilities for providing medical, dental, and psychiatric services for outpatients only. See "medical facilities" use regulations.
HEALTH SPAAny establishment or business commonly known as health clubs, health spa, fitness studio providing health and nutritional education, fitness center, physical awareness, massage services, not including adult massage services, manicures, pedicures and other related services.
HEDGEA barrier or boundary formed by a dense row of shrubs or low trees.
HEIGHT LIMITA vertical distance fixed in certain districts contained herein and measured from the average ground level at the base of the structure.
HELIPADA facility without the logistical support provided by a heliport where helicopters take off and land. Helipads do not include facilities for maintenance, repair, fueling or storage of helicopters.
HELIPORTAny landing area used for the take off and landing of helicopters, including all necessary passenger and cargo facilities, fueling, maintenance, repair, storage and emergency services facilities. See also "helipad."
HOME-BASED BUSINESS/HOME OCCUPATIONThere are two types of home-based business:
A. (1) The use shall not customarily attract customer, patient or client vehicular traffic to the site for business persons, except for an allowed type of accessory child day care use;
The use shall not involve service to the site by tractor-trailer trucks; and
The use shall not involve more than one truck or bus that customarily operates from the property or is stored on the property for home-based business purposes.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements, in addition to the requirements for a low-impact home-based business:
(1) 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 a 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 use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic 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 living area.
The business may not involve any illegal activity.
HOMEOWNER'S ASSOCIATIONAn unincorporated association or corporation whose membership consists of the lot owners of a residential development. A homeowner's association shall also include a condominium unit owner's association. All such associations shall comply with the requirements for unit owners' associations contained in the Uniform Planned Community Act and/or the Pennsylvania Uniform Condominium Act, as amended from time to time.
HOSPITALAn institution licensed as a hospital by the state department of health, providing primary health services and medical or surgical care, including inpatient care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities. See "medical facilities" use regulations.
HOSPITAL COMPLEXOne or more buildings, one of which must be a hospital. A hospital complex may also include a cafeteria or restaurant, medically related heliports, nursing homes, extended care clinics, physical therapy/employee exercise facilities, employee housing, temporary inpatient/patient family housing, and shops for medical equipment, pharmaceutical supplies, gifts, books, magazines, toiletries, flowers, candy or similar items, provided such uses are primarily for the benefit of the patients, staff, and visitors, and are located so as not to normally to attract other retail customers. A hospital complex may also include, in the same building as the hospital or in separate buildings, other health care and health-care-related services, which may include but shall not be limited to the following: health care and child care centers, optical facilities, and medical office buildings. See "medical facilities" use regulations.
HOTEL/MOTEL/INNA building in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open to transient guests, usually with access to units primarily from interior lobbies, courts or halls, and is not a rooming or boarding house.
IMPERVIOUS SURFACEAny hard-surfaced generally man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, paved recreation areas, brick, paving block, plastic or other similar material which does not readily absorb water and that has a runoff coefficient of 0.85 or greater.
INNSee "hotel/motel/inn."
INTER GOVERNMENTAL COOPERATION AGREEMENTAn agreement adopted by ordinance or resolution by two or more local governments pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53 Pa.C.S.A. §
2301, et seq., that authorizes shared services, coordinated development policies under the MPC, or other cooperative programs.
Any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNK VEHICLEIncludes any vehicle or trailer, for which commercial gain is not the primary objective, and that meets any of the following conditions:
A. Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
Cannot be towed, such as a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis; and/or
Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle; and/or
Is unregistered and uninsured.
JUNKYARDLand or structure used in whole or in part for the collection, storage, dismantling, processing and/or sale of junk.
KENNEL, PRIVATE, NON-STATE LICENSEDThe keeping, breeding, raising, showing, or training of six or more dogs, cats or other household pets over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. Kennels covered by this definition must be constructed and operated in accordance with the "Canine Health Board Standards for Commercial Kennels," as established by the Commonwealth, as may be amended from time to time.
KENNEL, STATE-LICENSEDAny facility where 26 or more dogs or similar domestic animals are kept or transferred in a calendar year and which requires a kennel license, all as defined by PA Act 119 of 2008, as may be amended from time to time. Kennel types, as defined by PA Act 119 of 2008, include private kennels, pet shop kennels, dealer kennels, rescue network kennels, research kennels, boarding kennels, non-profit kennels and commercial kennels, all as defined by PA Act 119 of 2008, as may be amended from time to time.
LAND DEVELOPMENTThe definition in the SALDO shall apply.
A. Includes any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
Note - The above definition shall include but is not limited to the following:
(a) A planned residential development (PRD).
A cluster housing development.
A manufactured/mobile home park.
A business center development.
Development in accordance with the following is not considered a land development:
(1) The conversion of a single-family detached dwelling or two-family attached dwelling into not more than three residential units.
The addition to an existing commercial building or the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; provided that the addition or accessory building does not:
(a) Exceed 1,000 square feet in size;
Exceed one story in height;
Cause change in traffic patterns;
Trigger the application of additional parking requirements; or
Increase sewer flow or water demand.
Development in accordance with § 503.(1.1) of the MPC, as amended from time to time.
LANDFILL, SANITARYAn engineered burial facility for the disposal of solid waste which is so located, designed, constructed, and operated, in accordance with all state and federal regulations, to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPINGThe planting of turf, trees, shrubs, and other appropriate vegetative materials and ground cover within the open areas of a lot other than for agricultural purposes, and including the maintenance and replacement thereof, for the purposes of erosion control, retention of precipitation, protection against the elements, screening and cooling of the ground surface.
LIBRARYA public, nonprofit facility in which literary, musical, artistic, or reference materials, such as, but not limited, to books, manuscripts, computers, recordings or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.
LIFE CARE FACILITYA planned development designed for the long-term care of elderly and/or disabled persons, which may include congregate residences, and/or full health and continuing care nursing home facilities. A life care facility may also include accessory uses such as a community center, personal service shops, recreation areas and common open spaces, provided that such facilities shall only serve residents, employees and guests and are not open to the public. A life care facility may also include a "personal care center" and "assisted living facility" in addition to a nursing home. Life care facilities do not include group homes.
LIVESTOCKGenerally accepted outdoor farm animals kept either in open fields or structures for the purpose of providing food, clothing, breeding and production, or work, including but not limited to oxen, cows, horses, mules and donkeys, sheep, pigs, hogs, goats, llamas, alpacas and fowl.
LIVESTOCK, KEEPING OFThe raising of farm animals either in open fields and/or structures for the purpose of providing food, clothing, breeding and production, or work, including but not limited to oxen, cows, horses, mules and donkeys, sheep, pigs, hogs, goats, llamas, alpacas and fowl. See "agriculture, general" use regulations in this chapter.
LOADING, OFF-STREETAn unobstructed area, at least 12 feet in width and 40 feet in length and having a vertical clearance of at least 14 feet, provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.
LOGISTICS CENTERA. A building or group of buildings on the same lot used for:
(1) The receipt and unloading of goods, products, and materials;
The temporary indoor storage of those items; and
The loading and transporting of those items to another location or end-user customer.
A logistics center shall include the following terms as well as similarly implied terms:
(1) Distribution/fulfillment/shipping/processing center, handling/storehouse/warehouse facility, freight/logistics/supply chain/last-mile transport hub, on-demand warehouses, dark stores (micro-fulfillment centers) and freight/truck terminal.
Logistics centers shall be classified as a small logistics center or a large logistics center.
(1) SMALL LOGISTICS CENTERA logistics center use that contains less than or equal to 25,000 square feet of gross building floor area per lot.
LARGE LOGISTICS CENTERA logistics center use that contains more than 25,000 square feet of gross building floor area per lot.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA, MINIMUMThe total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street or legal right-of-way and no area which is to be part of existing or future easements shall be deemed a portion of any lot area. Note: in some cases, provisions of this chapter require that density be regulated based upon the "adjusted tract area."
LOT LINEA property boundary line. Where a lot abuts a street, the lot line shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street even though such may be the property boundary line for the purposes of setback requirements and minimum lot area calculations.
A. LOT LINE, FRONTA lot line separating the lot from the existing or proposed street right-of-way; every lot shall include at least one front lot line, one rear lot line and one side lot line.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to the street line, except for a lot line that is itself a right-of-way line, and except that in the case of a corner lot, the lot line opposite the right-of-way line which the front of the principal building faces shall be considered the rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to the street line. Every lot shall have a rear lot line.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. For corner lots, the lot width shall be measured along that street frontage at the required front yard setback.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect with the street lines at an angle of less than 135°.
LOT, DEPTHThe mean average horizontal distance between the front and the rear lot lines.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
MANUFACTURED HOME PARKA contiguous parcel of land which has been designed or developed for, or used for, the placement of two or more manufactured homes and is owned by an individual, firm, trust, partnership, public or private association or corporation.
MANUFACTURINGThe mechanical or chemical transformation of materials or substances into new products, including the blending of materials, such as lubricating oils, plastics, resins, or liquors.
MANUFACTURING, LIGHTAn establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial process of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few negative external effects across property lines and which does not involve bulk use or processing of materials classified as toxic or hazardous to humans under federal or state regulations. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials.
MEDICAL FACILITIESThe term includes "health care clinics," "hospitals," "hospital complexes," "medical offices," and "surgery centers" as may be defined herein.
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the State Department of Health to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the State Department of Health to grow and process medical marijuana, and to conduct wholesale sales to state-approved entities.
MEDICAL WASTE FACILITYA facility used to store and/or repackage medical waste for transportation and ultimate disposal. See "resource recovery facility" use regulations.
MOBILE/MANUFACTURED HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection and use of a mobile home thereon.
MONOPOLE TOWERA communication tower consisting of a single pole, constructed without guy wires and ground anchors.
MOTELSee "hotel/motel/inn."
MPCSee "municipalities planning code."
MUNICIPAL SERVICE FACILITYActivities and structures designed to generally provide services typically rendered by municipal governments, such as, but not limited to, road maintenance, police protection, planning, zoning, and subdivision related review services.
MUNICIPALITIES PLANNING CODEFor the purposes of this chapter, the Pennsylvania Municipalities Planning Code, enacted as Act 247 of 1968, as amended. This definition is intended to include the current code and any future amendments and shall be referred to hereafter as the "MPC."
MUSEUMA building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use. See "library or museum" use regulations.
NIGHTCLUB/BAR/TAVERNA commercial establishment or club dispensing alcoholic beverages for consumption on the premises as well as food and in which dancing and musical entertainment may be permitted. State regulations governing alcoholic beverages shall also be incorporated into this definition by reference, as they may be amended from time to time.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)WCF that are collocated on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower.
NONCONFORMANCEA condition that occurs when, on the effective date of adoption of this code or a previous ordinance or on the effective date of an ordinance text amendment or rezoning, an existing lot, structure, building, sign, development, or use of an existing lot or structure does not conform to one or more of the regulations currently applicable to the district in which the lot, structure, building, sign, development, or use is located.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NUISANCEAny public nuisance in law or in equity; including, but not limited to, whatever is dangerous to human life or is detrimental to health and safety; interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.
NURSERYAny land used to raise trees, shrubs, flowers, vines and other plants for sale or transplanting.
NURSERY, GARDEN CENTERThe retail and/or wholesale handling of any article, substance or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals or other nursery goods and related products in small quantities to the consumer. See "nursery" use regulations.
NURSING HOMEA home licensed by the state for aged or chronically or incurably ill persons in which five or more such persons not of immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICEA building or portion thereof that provides space to conduct business, service and professional services, such as insurance agencies, title insurance companies, real estate offices, post offices, but not including bulk mail centers.
OFFICES, MEDICALA building used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises. See "medical facilities" use regulations.
OPEN AIR BUSINESSRetail stores operated substantially in the open air, including, but not limited to, flea markets, boats, or home equipment sales, repair or rental services. Outdoor display area and sale, including, but not limited to, sheds, motor homes, recreation vehicles, manufactured homes, snowmobiles, swimming pools, farm implements and/or commercial construction equipment.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces. See also "common open space."
OUTDOOR RECREATION FACILITYAn outdoor recreation facility includes, but is not limited to, tennis courts, baseball, field hockey and soccer fields, batting cages, swimming pool, skating rink, miniature golf course, driving range not affiliated with a golf course. See "recreational facility."
OUTDOOR STORAGEAreas set aside outside of a building for the storage or display of material and merchandise for commercial, sales and/or industrial businesses.
OWNERAny person, agent, firm, corporation, or partnership that alone, jointly, or severally with others has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the Monroe County Recorder of Deeds to be the owner of a particular property shall be presumed to be the person in control of that property.
PARAPETThat portion of a wall which extends above the roof line and is not structural in nature.
PARCELAny legally described area of land, piece of land or property designated by the owner or developer as land to be used or developed as a unit, or that has been developed as a unit.
PARKA noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community.
PARK-AND-RIDE FACILITYAn off-street parking lot or structure designed or intended for parking automobiles primarily on a daily basis, the occupants of which transfer to carpools, vanpools, buspools, or mass transit to continue their trips, including accessory structures such as but not limited to passenger shelters. Fees for parking may or may not be charged. See "vehicle parking lot or garage" use regulations.
PARTY WALLA wall common to but dividing contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.
PATIOA level surfaced area directly adjacent to a principal building.
PAVEDGround covered with stone, brick, concrete, asphalt, gravel, or other substantial matter making a firm, smooth, and level surface.
PEDDLINGSelling, offering for sale or soliciting orders for goods or services or distributing, disseminating, or gathering information by written or spoken word upon the streets, sidewalks, or alleys of the Township. A temporary use permit is required to peddle.
PERMITA document issued by an authorized Township official, officer, or employee allowing a person to begin an activity regulated by the Township under its local ordinances or other federal or state law.
A. PERMIT, BUILDINGA permit issued by the Township Building Codes Official under the provisions of the current Construction Codes in effect in Middle Smithfield Township. Such permit typically approves of the proposed method of construction or alteration of a structure. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
PERMIT, CERTIFICATE OF COMPLIANCEA permit that is issued that signifies that a particular zoning or building permit complies with applicable sections of this chapter as approved.
PERMIT, CERTIFICATE OF OCCUPANCYA permit/certificate issued by the Township Building Codes Official upon completion of the construction of a structure or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
PERMIT, ZONINGA permit issued by the Township Zoning Officer authorizing or allowing a person to begin an activity or use as provided for in this chapter.
PERSONAL CARE HOMEA use involving housing, care and supervision of elderly persons and persons with disabilities and which is licensed by the Commonwealth of Pennsylvania as a personal care home.
PLANNED RESIDENTIAL DEVELOPMENT ("PRD")An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance. The Township's current Zoning Ordinance does not contain provisions for the creation of a new PRD under Article
VII of the MPC.
The map or plan of a subdivision or land development, whether preliminary or final.
PLAY AREAAn area designed and constructed for outdoor active recreation, including, but not limited to, playground equipment such as slides, swings and climbing apparatus.
PLOTLand occupied or to be occupied by a building or use, and its accessory buildings and accessory uses, together with such yards and open spaces as are required.
PRINCIPAL SOLAR ENERGY SYSTEMAn area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground or roof mounted solar collector devices and/or solar related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
PRINCIPAL STRUCTUREThe structure or any addition thereto in which the principal use of a lot is conducted.
PRINCIPAL USEThe dominant use of any and all principal and accessory structures on a lot. If there is a residential dwelling and a commercial operation on the same lot but in separate structures, then each shall be considered a principal use/structure.
PRIVATE CLUBA building to house a social membership organization that is not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, restaurant, cafe or other commercial enterprise open to the general public (e.g. American Legion, VFW, Moose, and Elks).
PUBLIC HEARINGA formal meeting held pursuant to public notice that is intended to inform and obtain public comment, prior to taking action in accordance with the MPC.
PUBLIC NOTICENotice required by the MPC, as amended from time to time. (Note: At the time of adoption of this chapter, notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.)
QUARRYSee "extractive operation, sand and gravel pit."
RACE TRACKA measured course where animals, vehicles and/or machines may be entered in competition against one another or against time, including a course used for training for such purposes.
RECREATION, ACTIVELeisure time activities, usually of a more formal nature and performed with other individuals, often requiring equipment and taking place at prescribed places, site or fields. Such areas usually require physical alteration to the area before they can occur and are intensively used, such as playgrounds, ball courts and swimming pools.
RECREATION, PASSIVELeisure time activities, usually of an informal nature, such as hiking and picnicking, and not including athletic competition.
RECREATIONAL FACILITYFacility designed for outdoor/indoor recreation owned and operated by private and/or public entities.
RECREATIONAL VEHICLEA vehicle which is designed for recreational use, regardless of size, which is not designed to be used as a permanent dwelling and which is self-propelled or is designed to be towed by a light-duty vehicle. This term includes campers, travel trailers, motor homes and vehicles of similar nature.
RECYCLING COLLECTION CENTERA center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Collection centers include: reverse vending machines occupying more than 75 square feet, a mobile recycling unit, kiosk-type units that may include permanent structures and unattended containers placed for the donation of recyclable materials.
RESTAURANTA commercial establishment in which the principal use is the preparation and sale of food and beverages and may also include an outdoor dining area.
A. RESTAURANT, DRIVE-INA building and adjoining parking area used for the purpose of furnishing food, soft drinks, ice cream, and similar confections to the public normally for consumption outside the confines of the principal permitted building, or in vehicles parked upon the premises, regardless of whether or not, in addition hereto, seats or other accommodations are provided inside for the patrons. Services are offered principally while patrons remain in their vehicles.
RESTAURANT, OUTDOOR DINING AREAA porch, patio, deck or other area of land used for seated eating or drinking which is adjacent to but not within the interior building walls of a restaurant. No portion of an outside dining area shall be used for any purpose other than dining or drinking and circulation therein.
RETAINING WALLA wall or similar structural device used at a grade change to hold the soil on the up-hill side from slumping, sliding, or falling.
RIDING ACADEMYAn establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction and equestrian competition may be offered, including but not limited to polo clubs, public show rings, and rodeos.
SALDOThe Middle Smithfield Township Subdivision and Land Development Ordinance, as amended.
SAND PITSee "extractive operations, sand and gravel pit."
SANITARY SEWERA sewer that carries sewage and excludes storm water, surface water and groundwater.
SCHOOLAn institution for the teaching of children or adults, including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.
SENIOR ACTIVE ADULT DEVELOPMENTA senior active adult development is a residential community for active adults that meets the following requirements: comprised of one or more dwelling unit types; provides particular features and facilities to serve specifically the needs and interests of the residents; and no more than four persons occupy a dwelling on a permanent basis, at least one of whom shall be 55 years of age or older. No persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.
SERVICE BUSINESSAn establishment intended to provide services to individuals or other businesses such as, but not limited to, advertising, copying and printing, office supplies, travel, equipment rental, building maintenance, amusement arcade and other such services.
SETBACKThe minimum distance measured horizontally and at 90° (perpendicular) from the edge of the right-of-way of the road or a property line to the outermost projection of a building or appurtenance to a structure permanently fixed on a building lot or real estate property. With respect to roads, highways or other public or private ways with undeterminable right-of-way, such setback shall be measured coincident with the line marking the outer portion of the traveled way or other outer portion of the berm, whichever shall provide the maximum width for street purposes. A building and/or structure should not extend into the minimum yard setbacks unless otherwise expressly permitted in this chapter.
A. SETBACK, BUILDING LINEThe minimum distance as established herein from the front, side and/or rear lot line to the point where improvements may be constructed on any given lot pursuant to the restrictions set forth herein.
SETBACK, FRONT YARDA line running parallel to the front lot line and/or street right-of-way line as required by this chapter; such line shall extend the full width of the lot from side lot line to side lot line.
SETBACK, SIDE YARDA line which establishes the minimum setback for the closest portion of the subject structure and which is measured from along the entire length of the side lot line and which extends from the front setback line to the rear setback line.
SETBACK, REAR YARDA line extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure and which stretches between the side lot lines parallel to the rear lot line.
SEWAGEA substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals; a substance harmful to the public health, to animal or aquatic life or to the use of water for domestic water supply or for recreation; or a substance which constitutes pollution under The Clean Streams Law.
SEWAGE FACILITIES SYSTEMA system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. The term includes:
A. SEWAGE FACILITIES SYSTEM, CENTRALIZEDA public utility system or other multi-dwelling sewage disposal treatment system designed to collect, centrally treat and dispose of sewage from users in compliance with regulations of the appropriate governmental agency, local, state or federal, whichever may be more stringent. A permit shall be obtained from the appropriate governmental agency for a centralized sewage disposal system prior to the start of its construction.
SEWAGE FACILITIES SYSTEM, INDIVIDUALA system of piping, tanks or other facilities serving serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into the waters of this Commonwealth or by means of conveyance to another site for final disposal.
SEWAGE FACILITIES SYSTEM, ON-LOTAn on-lot individual system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining bank.
SEWAGE TREATMENT PLANTAny facility designed for the treatment of sewage that serves in excess of two structures or dwelling units.
SEWERA pipe located in a public right-of-way or easement which transports sewage. The term "sewer," as used herein, includes manholes, connections, and all other appurtenances.
SEWER CONNECTIONThe connection consisting of all pipes, fittings and appurtenances, from the drain outlet of a dwelling or building to the lateral of the sewer.
SEWER, LATERAL SANITARYThat portion of the sewer system extending from the sewer to the curb line, or if there is no curb line to the property line, or if no such lateral shall be provided, then sanitary sewer lateral shall mean that portion of a sewer which is provided.
SEWERAGE SERVICE, PUBLICPublic sewerage service that is owned and operated by the Township or a Township authorized municipal authority and is a DEP-approved sewerage system.
SHEDSee "accessory structure."
SHOOTING RANGEAn area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, bows, crossbows, skeet, trap, black powder, or any similar firearm.
SHOPPING CENTERA group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
SHORT-TERM RENTALAny dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2001-03, as amended.
SIGHT DISTANCEThe required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic; this distance shall be compliant with PennDOT design criteria, as amended from time to time.
SIGHT TRIANGLEAn area alongside a public or private street, alley, avenue, boulevard, road, parkway, drive or other way, which area may include private property, required to be kept free of certain visual obstructions to the driver of a passenger vehicle when the view is unobstructed by traffic.
SIGN SETBACKSThe minimum distance required between any property line and any portion of a sign or sign structure and/or the required spacing between two signs.
SIGN STRUCTUREThe supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single-faced, double-faced, V-type or otherwise. Any trailer, vehicle and/or any other device that is readily movable and designed or used primarily for the display of signs (rather than with signs as an accessory function) shall be construed to be a sign structure.
SITE ALTERATIONSThis term shall include one or more of the following activities:
A. Filling of lakes, ponds, marshes or floodplains or alteration of watercourses.
Clearing and grading of more than 5,000 sq. ft., other than selective thinning of existing vegetation or trees.
SITE PLANA plan drawn to scale, showing uses, site improvements and structures proposed for a parcel of land as required by this chapter and other regulations of the Township.
SKI AREAAn area developed for snow skiing, with trails and lifts, and including sales, rentals, and services of related equipment and accessories, instruction, and may include restaurant(s).
SLAUGHTERHOUSEA facility for the slaughtering and processing of animals and the refining of their byproducts.
SLOPEThe degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.
SMALL WIRELESS COMMUNICATIONS FACILITY (small WCF)WCF that meets the following criteria:
A. The wireless support structure on which communications antenna facilities are mounted that —
(1) Is 50 feet or less in height, or
Is no more than 10% taller than other adjacent structures, or
Is not extended to a height of more than 50 feet or by more than 10% above its original height as a result of the collocation of new communications antenna facilities; and
Each communications antenna associated with the deployment (excluding the communications ancillary equipment) is no more than three cubic feet in volume; and
All communications ancillary equipment associated with the WCF (excluding communications antennas) is cumulatively no more than 28 cubic feet in volume; and
The WCF does not require communications antenna structure registration under 47 CFR Part
17; and
The WCF does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR
1.1307(b).
SOLID WASTEAny garbage, refuse, rubbish, or other discarded materials in solid or liquid form.
SPECIAL EVENTA temporary use such as circuses, fairs, carnivals, festivals, bazaars, sidewalk sales, concerts, neighborhood fairs, and other types of special events that run for no longer than seven consecutive calendar days up to four times a year, are intended to or likely to attract substantial crowds, and are unlike the customary or usual activities generally associated with the property where the special event is to be located. There shall be at least a 30-day period between such occurrences. A parade is also considered a special event or temporary use. Temporary uses are subject to the conditions set forth in accessory uses as outlined in Article
IV of this chapter.
Any structure or land used, designed, or arranged for the maintenance, feeding, housing and riding or rental of horses, mules, ponies, and/or donkeys either with or without a bridle path or riding area, but excluding structures or land used, designed, or arranged for the maintenance of horses or mules used exclusively for agricultural purposes. Use H13 stable, private shall mean a stable that is accessory to a single family detached dwelling.
STACKING LANEA paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.
STEALTH DESIGNCamouflaging methods applied to WCF and communications ancillary equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted communications antennas, building-mounted communications antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STORE, LARGE RETAILA singular retail or wholesale user who occupies more than 75,000 square feet of gross floor area, selling food, drugs, household merchandise, clothing and a variety of other retail goods. The store may, in some cases, include limited medical services, and has a regional sales market.
STORE, RETAILA singular retail or wholesale user who occupies less than 75,000 square feet of gross floor area, selling one or more of the following; food, drugs, household merchandise, clothing and/or a variety of other retail goods.
STREETA public or private thoroughfare which provides the principal means of vehicular access to two or more lots. See the Middle Smithfield Township Subdivision and Land Development Ordinance, as amended from time to time, for additional definitions and descriptions of the different types of streets.
STRUCTUREAnything erected, built or constructed whether installed on, above or below the surface of a parcel of land and/or water. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless a specific setback is established for that particular type of structure or setbacks are noted on a previous Land Development and/or Subdivision Map. For the purposes of this chapter, fences, utility poles, storm water facilities, wells, paving and septic systems shall not be considered structures.
A. STRUCTURE, NONCONFORMING LAWFULA structure, or portion thereof, that no longer conforms to the site area, coverage, setback or other open space, height, or other regulations prescribing physical development standards for the district in which such structure is located but which legally existed prior to the adoption date of this chapter, or an amendment thereto, that render such structure or use nonconforming.
STRUCTURE, NONCONFORMING, ILLEGALA structure that did not legally exist prior to the adoption of this chapter and does not conform to the current ordinance requirements for the district in which it is located.
STRUCTURE, TEMPORARYA structure that is required for a limited period of time as stated on the zoning permit. The use of the structure, such as, but not limited to, sales office or temporary residence shall dictate what accessory facilities must be provided with the temporary structure, such as, but not limited to, parking, access, and sanitary facilities. Once the permit expires for a temporary structure it must be removed from the site and the site returned to its original condition, at the applicant's expense.
SUBDIVISION PLANA plan or map meeting the requirements of SALDO, prepared by a professional engineer and/or land surveyor licensed in the Commonwealth of Pennsylvania, showing a proposed or approved subdivision of land
SURGERY CENTERA medical facility that focuses on out-patient surgery and has limited facilities for over-night stays. See "medical facilities" use regulations.
TAVERNSee "night club/bar/tavern."
THEATERA building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis, but not including an outdoor drive-in theater or adult movie theater.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (tower-based WCF)Any structure that is used for the primary purpose of supporting one or more communications antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and utility poles exceeding 50 feet in height and the accompanying communications antenna and communications ancillary equipment.
TOWNSHIPThe Township of Middle Smithfield, Monroe County, Pennsylvania.
TRANSFER OF DEVELOPMENT RIGHTS (TDR)The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
TREATMENT CENTERA. A dwelling unit/facility operated by a responsible individual, family or organization, other than a prison, with a program designed to provide a supportive living arrangement providing housing for three or more unrelated persons who require specialized housing, treatment and/or counseling due to:
(1) Criminal rehabilitation (e.g. criminal half-way house);
Addiction to controlled substances and/or alcohol (e.g. alcohol treatment facility, drug treatment center); and/or
Other types of mental illness or behavioral abnormalities (e.g. independent psychiatric institutions).
A treatment center is not a group home under the Federal Fair Housing Act, as amended.
USEThe purpose for which land or a building is arranged or intended or for which either land or a building may be occupied or maintained.
A. USE, CONDITIONALCertain specified uses which are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this chapter and the MPC.
USE, PERMITTEDAny use which does not require special action by the Zoning Hearing Board or by the Board of Supervisors before a zoning permit is granted by the Zoning Officer. A "permitted use" and a "use permitted by right" may be used interchangeably with the same intent.
USE, TEMPORARYA use established for a limited duration to be discontinued upon the expiration of the time period which may require a permit.
USE, SPECIAL EXCEPTIONAn approval granted to use land in a zoning district for a purpose other than that generally permitted outright in that district. The permission or special exception is granted by the Zoning Hearing Board in accordance with standards and criteria set forth in this chapter and the MPC, provided generally that the specific application of the use would not prove injurious to the public interest.
VARIANCEThe granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land and/or structures because compliance cannot be met with at least one specific requirement of this chapter. A variance shall only be granted within the limitations of the MPC as amended from time to time.
VEHICLE PARKING LOT OR GARAGEA lot, building or portion thereof, other than an automobile sales lot, used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.
VEHICLE SALESA structure and/or outside area set aside for the sale of vehicles with or without accessory service facilities.
VEHICLE SERVICE AND REPAIR FACILITYA building or lot or part thereof where repairs, improvements and installation of parts and accessories for motor vehicles are conducted that involves work that is more intense in character that work permitted under the definition of "gas station." "Vehicle service and repair facility" shall include, but not limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. Any use permitted as part of a "gas station" is also permitted as part of a "vehicle service and repair facility."
VETERINARIAN OFFICE OR CLINICAn establishment offering veterinary services for all types of animals and which may include indoor and overnight boarding for animals.
WATER CONNECTIONThe connection consisting of all pipes, fittings and appurtenances from the water main to the internal distribution system of the dwelling or nonresidential unit.
WATER SERVICE, CENTRALWater supply service to a building and/or structure by a state-approved water supply system which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, PUBLICCentral water service by a system owned and/or operated by a municipality a municipal authority or the Public Utility.
WATER SUPPLY SYSTEM, CENTRALIZEDA public and/or private utility system or other centralized water supply system designed to supply and transmit water from a common source for two or more users in compliance with the Pennsylvania Department of Environmental Protection regulations, as amended. All appropriate permits shall be obtained from the appropriate local and/or state agencies for a centralized water supply system prior to start of construction and a copy shall be supplied to the Township prior to the start of construction.
WATER SUPPLY SYSTEM, COMMUNITYA system designed to supply and transmit water from a common source for two or more users owned and operated by the users or by an association or group made up and/or controlled by the said users in compliance with the Pennsylvania Department of Environmental Protection regulations, as amended. All appropriate permits shall be obtained from all local and/or state agencies for a community water supply system and copies of such permits shall be furnished to Township prior to the start of construction.
WATERCOURSEA channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLANDSAn area of land that meets the federal or state regulatory definition of a "wetland," whichever is more inclusive. Wetlands are generally inundated and saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions.
WIND ENERGY SYSTEMAccessory devices and equipment designed to collect wind power and convert same into usable energy.
WIRELESS COMMUNICATIONS FACILITY (WCF)A communications antenna facility and a wireless support structure that is used for the provision of wireless communication service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
WIRELESS SUPPORT STRUCTUREA pole, tower, base station, building, or other structure, whether or not it has an existing communications antenna facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services). A wireless support structure may be temporary or permanent. A wireless support structure includes the following:
A. Self-supporting lattice towers, guy towers, and monopoles.
Utility poles, traffic light poles and streetlights.
Building and other permanent structures.
Any temporary tower constructed for a special event, provided that the tower will not be located on the premises for more than 30 days; that the height of the tower will not exceed 100 feet; and that the tower will be set back from all property lines at a distance that is equal to its height, including all attached communications antenna facilities.
Any temporary communications tower that may be required in response to a natural disaster or another emergency event.
WORSHIP, PLACE OF, AND RELATED USESThe use of all or a portion of lands, building, structure or group of buildings or structures, as a place of worship, including accessory uses such as a convent, religious-related educational and/or day care center, monastery, or similar religious institution, including rectories, parsonages, and parish houses for an organization solely or primarily used as a religious institution when located on the same premise.
YARDA yard is an open space unobstructed from the ground up to the sky except for permitted projections and plantings on the same lot on which a building is situated, extending along a lot line or street line and inward to the structure. As used herein, the size of a required yard (whether front, side or rear) shall be measured as the shortest distance between the structure and a lot line and/or street line.
A. YARD, FRONTThe area between the front lot line and the front yard setback.
(1) The front yard shall be on a side that faces towards a public street whenever one public street abuts the lot.
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard.
YARD, REARThe area between the rear lot line and the rear yard setback.
YARD, SIDEThe area between the side lot line and the side yard setback.
YARD SALEAn occasional customarily accessory use of a residential property to sell used household items to the public. This use is part of Use H2, which includes controls on the frequency of yard sales. Occasional sales of used items on the property of a place of worship or similar property by multiple personal shall be considered an accessory special event.
ZONING DISTRICTA land area within which certain uniform regulations and requirements apply under the provisions of this chapter.
ZONING MAPThe map established by the Township governing body designating the location and boundaries of the zoning districts established within the Township, as may be amended from time to time, and herein referred to as "Zoning Map."
ZONING OFFICERThe administrative officer charged with the duty of enforcing the provisions of this chapter.
ZONING ORDINANCEThe "Zoning Ordinance of Middle Smithfield Township," as may be amended from time to time.
