The MPC provides that zoning is not applicable to any existing or proposed building, or extension thereof, used, or to be used, by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. Where such authority is provided by state law, the PUC may issue a certificate of convenience and determine that zoning regulations shall not apply.
The MPC expressly recognizes the limited preemption of municipal zoning regulations of agriculture by the Act of May 20, 1993 (P.L. 12, No. 6) known as the Nutrient Management Act, the Act of June 30, 1981 (P.L. 128, No. 43) known as the Agricultural Area Security Law, the Act of June 10, 1982 (P.L. 454, No. 133) known as An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances, the Right to Farm law, and other state and federal laws, all as amended from time to time. The MPC further provides that "zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations in geographic area where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on the public health and safety." The Agriculture, Communities and Rural Environment Initiative (ACRE) amending Title 3 (Agriculture) also provides additional limited preemptions from municipal zoning regulations. [Note: See 3 P.S. § 1717, 3 P.S. § 911(b), 3 P.S. § 951 et seq., 53 P.S. § 10603(b), 53 P.S. § 10603(h) and Act 38 of 2005, respectively.]
See § 603(b) of the MPC, in addition to the regulations of this Chapter 200, Zoning, of the Middle Smithfield Township Code of Ordinances.
Pursuant to the MPC, forestry activities are a permitted use by right in all zoning districts within the municipality. [Note: See 53 P.S. § 10603(f).]
Pursuant to the MPC, no-impact home-based businesses are permitted by right in all residential districts within the Township, except that such permission shall not supersede any deed restriction, covenant and/or agreement restricting the use of land, nor any master deed, by-law, or other document applicable to a common interest ownership community. [Note: See 53 P.S. § 10603(1).]
It is the intention of the Township to regulate religious institutions in compliance with the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") [Note: See 42 U.S.C § 2000cc et seq.] which, in summary, provides that no township may impose or implement land use regulations in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless certain criteria is met; as well as the Pennsylvania Religious Freedom Protection Act ("RFPA")[1] which, in summary, provides that no township shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination, and, pursuant to the MPC, the display of religious symbols on property being used for religious purposes may not be unduly restricted.
This Township, through zoning regulations, and procedures and practices, intends to make reasonable accommodations to afford any individual equal opportunity to use and enjoy a dwelling in compliance with the federal Fair Housing Act and the Pennsylvania Human Relations Act, as both may be amended from time to time. Both Acts exempt from this prohibition on discrimination "housing for older persons" as defined by the Acts. [Note: See Act No. 214, December 19, 2002, 71 P.S. § 2401 et seq.; Act of October 27, 1955, P.L. 74, as amended, 43 P.S. §§ 951 through 963; 42 U.S.C. § 3607(b)(1); and 43 P.S. § 955(h)(9).]
To the extent that a licensed gaming facility has been approved by the Pennsylvania Gaming Control Board, Act 71 ("Gaming Act"),[1] approved July 5, 2004, and as amended from time to time, provides that the conduct of gaming, including the physical location of a licensed facility and, extending to racetracks and related facilities, shall not be prohibited or otherwise regulated by this Chapter 200.
The minimum lot area, minimum lot width and minimum street frontage requirements of this Chapter 200 shall not apply to uses and/or structure(s) owned by Middle Smithfield Township or by a municipal authority created by the Township for uses and/or structure(s) that are intended for storm water management, public recreation, governmental or public health and safety purposes.