For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.Â
Words in the present tense shall include the future tense.
B.Â
The words "should" and "may" are permissive; whereas, the words
"shall" and "will" are mandatory and directive and are not discretionary.
C.Â
Tense, gender and number. Words used in the present tense include
the future; words in the masculine gender include the feminine and
the neuter; and the singular includes the plural and vice-versa.
D.Â
If a word or term is not defined by this chapter, but is defined
in the Township's Subdivision and Land Development Ordinance (hereinafter
referred to "SALDO"),[1] then the SALDO definition shall apply. If a word or term
is neither defined in this chapter nor the SALDO, then the word or
term shall have its plain and ordinary meaning within the context
of the section. A standard reference dictionary should be consulted.
If there is a conflict between the definitions within the Township
SALDO and this ordinance, the definition set forth in this ordinance
shall control this chapter.
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:
Two or more contiguous lots, pieces or parcels of land that
share a common point or lot line.
An 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 freestanding 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.
[Added 12-28-2023 by Ord. No. 242]
A 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.
A use clearly incidental and subordinate to, and customarily
in connection with, and located on the same lot, piece or parcel of
land as, the prinicipal use.
Two 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.
The 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.
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 ten-percent standard shall apply to the floor area of such room.
ADULT USE, LIVE ENTERTAINMENT FACILITYA use including live entertainment involving both Subsections (1) and (2) below:
[Amended 12-30-2013 by Ord. No. 198]
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:
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.
ADULT USE, SPECIFIED SEXUAL ACTIVITIESAs used herein:
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.
The 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 "livestock, keeping of" use which includes
the housing, grazing or breeding of livestock, birds or fowl; the
"agriculture, general" use does not include large enterprises operating
specifically to provide agricultural, agronomical, horticultural,
silvicultural and/or aquacultural products and/or commodities for
market.
The commercial production of agricultural, agronomic, horticultural,
silvicultural and/or aquacultural crops and/or commodities for market.
A seasonal selling or offering for sale at retail by vendors,
who have home-grown vegetables, produce, flowers that they are offering
for sale, or who have themselves prepared homemade commodities (i.e.,
jams, jellies, canned pickles) that are being offered for retail sale,
occurring in a predesignated area.
Any area of land or water designed and set aside for the
landing and takeoff of aircraft, including all necessary passenger
and cargo facilities, fueling, maintenance, repair, storage and emergency
services facilities.
A 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.
As 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.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any animal customarily kept by humans for companionship that
is 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.
Members 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 Department
of Agriculture. Exotic animals shall also include all non-native animals,
except small animals and birds customarily kept as house pets. Llamas
and alpacas are not to be classified as exotic animals.
Animals that subsist wholly or partly on naturally growing
pastures.
One grazing animal constitutes a grazing unit; suckling offspring
are included within the same animal unit as the mother until weaned.
See "livestock."
Animals that exist in confined pens, cages, buildings or
feed lots.
Birds 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.
An 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.
The 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.
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns.
See "extractive operations, sand and gravel pit and asphalt/concrete
facility."
See "recreational facility."
Any 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.
See "nightclub/bar/tavern."
That portion of a building that is partly or completely below
grade.
A 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.
A 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.
A tower or a room in a tower for a bell or set of bells.
An earthen mound designed to create a visual and/or sound
barrier between a use and adjoining properties, streets and adjacent
uses.
The Board of Supervisors of Middle Smithfield Township, Monroe
County, Commonwealth of Pennsylvania.
An area separating two different types of zones, classes,
areas 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 planting strips 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.
Any structure designed for habitation, shelter, storage,
trade, manufacture, religion, business, education and the like. A
structure or edifice enclosing a space within its walls and usually,
but not necessarily, covered with a roof. A building is always a structure;
however, a structure is not always a building.
BUILDING, ATTACHEDA structure with enclosing walls as well as two party walls in common with an adjacent building.
BUILDING, DETACHEDA structure with enclosing walls but no common or party wall.
BUILDING, SEMIDETACHEDA structure with enclosing walls and one party wall in common with an adjacent building.
That portion of a lot, excluding required setback areas and
restricted easement areas, upon which a structure can be erected.
The 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.
The 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 not apply to these
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.
Facilities and buildings designed for the sale of building
materials, including, but not limited to lumber, tools, paints and
other building supplies.
See "permit, building."
See "setback, building line."
The 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.
Any 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.
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 devices
as landscaping, architectural control setbacks, and use requirements.
An area designed for the parking of buses as well as facilities
and buildings for the maintenance and repair of same.
Structure to provide protection from adverse weather conditions
while awaiting the arrival of public/school transportation.
That portion of a street right-of-way, paved or unpaved,
including the shoulders of the road, intended for vehicular use.
See "drive-in business."
See "gaming/gambling establishment."
A graveyard or burial place. A place or area set apart for
interment of the dead. This term includes not only lots or columbarium
for depositing the bodies and/or remains of the dead, but also avenues,
walks and grounds for shrubbery and ornamental purposes as well as
structures required for the maintenance thereof.
The center of the surveyed street, road, lane, alley or right-of-way,
or when not surveyed, the center of the travelway.
See "permit, certificate of compliance."
See "permit, certificate of occupancy."
The 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.
See "sight distance."
See "sight triangle."
Locating wireless communications equipment from more than
one provider on a single site.
An 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."
A guyed, monopole or lattice tower, constructed as a freestanding
structure or in association with a communications equipment building,
other permanent structure or equipment, containing one or more antennas
intended for transmitting and/or receiving television, AM/FM radio,
digital, microwave, cellular, telephone or other similar forms of
electronic communication. The term includes, but is not limited to,
radio and television transmission towers, personal communications
service towers (PCS), microwave towers, cellular telephone towers,
alternative tower structures and the like. This definition does not
include any structure erected solely for a residential, noncommercial
individual use, such as television antennas, satellite dishes or amateur
radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of a communications antenna/tower.
An educational, social, cultural or other similar facility,
operated by a public or nonprofit group or agency.
The Township document setting forth policies for future growth
and development pursuant to the Township, prepared by the Township
Planning Commission pursuant to the Pennsylvania Municipalities Planning
Code,[1] as adopted by the governing body. The most recent Comprehensive
Plan, entitled "Middle Smithfield Township Comprehensive Plan Update:
2007," adopted by the Township on February 14, 2008, is included herein
by reference, as well as any updates to the Comprehensive Plan as
may be adopted by the Township from time to time.
See "extractive operation, sand and gravel pit, asphalt/concrete
plant."
A use permitted in a particular zoning district pursuant to the provisions of Article VIII, Administration, § 084-020, Permit application procedure for conditional uses.
See "permitted use."
A 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 his or her 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.
A retail store with less than 5,000 square feet that sells
groceries, beverages and other household supplies and may also sell
gasoline; does not include automotive service stations or vehicle
repair shops; it is designed to attract a large volume of stop-and-go
traffic.
A change or adaptation of land or structure to a different
use, occupancy or purpose.
A 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.
The Monroe County Planning Commission and its professional
staff.
A strip of land, including a right-of-way dedicated to public
use, to facilitate pedestrian access.
A facility used to house computer systems and associated
components, such as, but not limited to, telecommunications and storage
systems. It generally includes redundant or backup power supplies,
redundant data communications connections, environmental controls
(e.g., air conditioning, fire suppression) and special security devices.
Any dwelling or building, or portion thereof, including any
on-site outdoor play or recreation area, which provides care for children
or adults, as further defined below.
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 twenty-four-hour day for four or more clients who are not relatives of the operator, in accordance with state law, as amended.
Exempt premises. The following exemptions apply:
The temporary or occasional care of three or fewer 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 fewer children
or adults at a dwelling unit customarily and regularly occupied by
the children or adults as their residence.
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Note:
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See Article IV, Use Regulations Within Zoning Districts, Division 40, § 040-50.
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Density 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. 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.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
Publicly 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.
Any landowner or legally authorized agent of such landowner
who makes or causes to be made a subdivision of land or a land development.
Any 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.
The provisions for development, including a traditional neighborhood
development,[2] 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 ordinance, shall mean the
written and graphic materials referred to in this definition.
See "dwelling, dormitory."
An 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.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road.
A structure providing complete, independent living facilities
for one family, including permanent provisions for cooking, eating,
sanitation and sleeping. See types of dwellings below:
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 a single-family detached dwelling, twin dwelling, duplex or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
DWELLING, BOARDINGHOUSEA 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 boardinghouse 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 boardinghouse. Emergency, temporary or permanent homeless shelters may be considered a type of boardinghouse. A boardinghouse 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 boardinghouses, 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, unpierced, 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 or 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,[3] as amended. Group homes shall be subject to the same limitations
and regulations by the Township as the type of dwelling unit they
occupy.
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.
Emergency, temporary or permanent homeless shelters may be considered
a type of group home.
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Note: The Federal Fair Housing Act defines "handicap" as follows:
"1) a physical or mental impairment which substantially limits one
or more of such person's major life activities, 2) a record of having
such an impairment, or 3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction
to a controlled substance as defined in Section 802 of Title 21."
This definition was subsequently adjusted by Section 512 of the Americans
with Disabilities Act[4] to address certain situations related to substance abuse
treatment.
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DWELLING, HOMELESS SHELTER, PERMANENTA facility providing, on a nonprofit basis, and without charge, temporary lodging, with or without meals, to indigent, needy, homeless or transient persons; may also provide ancillary services such as, but not limited to, counseling and vocational training.
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:
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; 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. 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 nonresidential building into one or more dwelling units that may still contain the original nonresidential use.
DWELLING, SINGLE-FAMILY DETACHEDA detached building designed for and occupied exclusively by one family, except for a mobile/manufactured home, as defined herein.
DWELLING, TOWNHOUSE OR ROWHOUSEOne 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 unpierced, 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.
One or more rooms, including 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 of 700 square feet or such other minimum
habitable floor areas as may be set forth in any building and/or housing
code in the Township.
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.
Facilities operated by public agencies, including emergency
service facilities, fire stations, other fire prevention and fire-fighting
facilities, police and sheriff substations and headquarters, including
interim incarceration facilities.
A person fully licensed as a professional engineer.
The 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, who performs the duties of engineer on behalf of the
Township.
Includes 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:
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.
Dynamite, 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.
A use involving on-site extraction of surface mineral products
or natural resources. Extraction is limited to stone quarries, top
soil borrow pits and sand and gravel operations, as well as the manufacture
of asphalt and concrete.
One 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,[5] as amended from time to time.)
A hedge, 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 intended for purposes of privacy,
security and enclosure.
A 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.
See "health spa."
See "open-air business."
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. [One-hundred-year
flood: a flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).] For the purposes of this
ordinance, the "one-hundred-year floodplain" shall be those areas
identified as such on the latest version of the official Flood Insurance
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.
See "gross floor area."
The 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.
See "setback, front yard."
A 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.
A building devoted to the care, embalming and holding of
services for the dead, including the sale of funeral equipment as
an accessory activity.
An 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, nightclub,
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.[6]
A 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.
The 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
performance and visibility and/or ability to focus.
A 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.
The Board of Supervisors of Middle Smithfield Township.
The 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.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
See "extractive operation, Sand and Gravel Pit, asphalt/concrete
plant."
See "cemetery."
The 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.
A communication tower that is supported, in whole or in part,
by guy wires and ground anchors.
A 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.[7]
Any 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.
A barrier or boundary formed by a dense row of shrubs or
low trees.
See "building height."
A vertical distance fixed in certain districts contained
herein and measured from the average ground level at the base of the
structure.
A 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.
Any landing area used for the takeoff and landing of helicopters,
including all necessary passenger and cargo facilities, fueling, maintenance,
repair, storage and emergency services facilities. See also "helipad."
See "dwelling, homeless shelter, permanent."
See "dwelling, homeless shelter, temporary."
See "no-impact home-based business."
An unincorporated association or corporation whose membership
consists of the lot owners of a residential development. A homeowners'
association shall also include a condominium unit owners' association.
All such associations shall comply with the requirements for unit
owners' associations contained in the Uniform Planned Community Act[8] and/or the Pennsylvania Uniform Condominium Act,[9] as amended from time to time.
An institution licensed by the state department of health,
providing primary health services and medical or surgical care to
persons, primarily inpatients, 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.[10]
One 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 to not normally
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.[11]
A 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 house or boardinghouse.
Any 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.
The percentage of the area of a lot that is covered by impervious
surface.
See "hotel/motel/inn."
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.
Includes any vehicle or trailer for which commercial gain
is not the primary objective and that meets any of the following conditions:
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;
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle; and/or
Is unregistered and uninsured.
Land or structure used in whole or in part for the collection,
storage, dismantling, processing and/or sale of junk.
The 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.
Any 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,[12] 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, nonprofit kennels and commercial kennels, all as defined
by PA Act 119 of 2008, as may be amended from time to time.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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; or
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.
A subdivision of land; or
Development in accordance with Section 503.(1.1) of the MPC,
as amended from time to time.
An 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.
The 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.
See "buffer."
See "resource recovery facility."
The 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 promotion
of human comfort and welfare.
A guyed or self-supporting, three- or four-sided, open, metal
frame structure used to support communications equipment.
A 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.
A planned development designed for the 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, and the life-care
facility and accessory facilities shall be designed and used to serve
its residents and guests only. This definition also includes "personal
care center" and "assisted living facility." Life-care facilities
do not include group homes.
See "junk."
Generally 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.
See agriculture, general use regulations in this chapter.[13]
An 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.
A 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.
The 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.
A 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°.
The mean average horizontal distance between the front and
the rear lot lines.
An interior lot having frontage on two parallel or approximately
parallel streets.
A 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.
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 LINE, SIDEAny lot line other than a front or rear lot line.
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The 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.
A contiguous parcel of land which has been developed for
the placement of manufactured homes and is owned by an individual,
firm, trust, partnership, public or private association or corporation.
The mechanical or chemical transformation of materials or
substances into new products, including the blending of materials,
such as lubricating oils, plastics, resins or liquors.
An 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 external
effects across property lines. 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.
The term includes health care clinics, hospitals, hospital
complexes, medical offices and surgery centers, as may be defined
herein.
A facility used to store and/or repackage medical waste for
transportation and ultimate disposal. See resource recovery facility
use regulations.[14]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection of a mobile home thereon.
See "manufactured home park."
See "dwelling, mobile/manufactured home."
A communications tower consisting of a single pole, constructed
without guy wires and ground anchors.
See "hotel/motel/inn."
See "theater."
For the purposes of this ordinance, the code, enacted as
Act 247 of 1968, as amended.[15] This definition is intended to include the current code
and any future amendments and shall be referred to hereafter as the
"MPC."
As used herein, "municipality" shall refer to Middle Smithfield
Township.
Activities 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.
A 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 its own use. See library or
museum use regulations.[16]
A commercial establishment dispensing alcoholic beverages
for consumption on the premises, as well as food, and in which dancing
and musical entertainment are permitted. State regulations governing
alcoholic beverages shall also be incorporated into this definition
by reference, as they may be amended from time to time.
A 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, or 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:
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.
A condition that occurs when, on the effective date of adoption
of this chapter 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.
A 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.
A 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.
A 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.
Any 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.
Any land used to raise trees, shrubs, flowers, vines and
other plants for sale or transplanting.
The 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.[17]
A 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.
A building or portion thereof that provides space to conduct
business, service and professional services, such as insurance agencies,
title insurance companies, real estate offices and post offices, but
not including bulk mail centers.
See "business park."
A 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.[18]
See "sewer facilities."
Retail 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.
Any 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."
An 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 and driving
range not affiliated with a golf course. See "recreation facility."
Areas set aside outside of a building for the storage or
display of material and merchandise for commercial, sales and/or industrial
businesses.
Any 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.
That portion of a wall which extends above the roofline.
Any 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.
A noncommercial, not-for-profit facility designed to serve
the recreation needs of the residents of the community.
An 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.[19]
A 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.
A level-surfaced area directly adjacent to a principal building.
Ground covered with stone, brick, concrete, asphalt, gravel
or other substantial matter making a firm, smooth and level surface.
Selling, 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.
Refers to the Pennsylvania Department of Transportation.
A document issued by the Township, Township Zoning Officer,
Township Sewage Enforcement Officer or Township Building Codes Department
allowing a person to begin an activity provided for in this ordinance.
PERMIT, BUILDINGA permit issued by the Township pursuant to the International Building Code and Uniform Construction Code, as adopted by the Commonwealth of Pennsylvania and the Township, and as amended from time to time, indicating that a proposed construction of, alteration to or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Township and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this ordinance.
PERMIT, CERTIFICATE OF COMPLIANCEA permit that is issued that signifies that a particular zoning or building permit complies with applicable sections of this ordinance, 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 a structure or parcel of land indicating that the premises comply with the provisions of this ordinance 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 ordinance.
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This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
A use of real property or a structure which is in conformity with
those uses permitted within a particular zoning district.
|
See "animal, domestic" and "animal, exotic."
An area of land, controlled by a landowner, 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 the zoning ordinance under which the specific PRD
was approved.
Refers to the Middle Smithfield Township Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
An area designed and constructed for outdoor active recreation,
including, but not limited to, playground equipment such as slides,
swings and climbing apparatus.
Land 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.
See "animal, poultry."
An 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 freestanding 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.
[Added 12-28-2023 by Ord. No. 242]
The structure or any addition thereto in which the principal
use of a lot is conducted.
The 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.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other commercial enterprise open to
the public (e.g., American Legion, VFW, Moose and Elks).
A recorded boundary of a plot or deed.
See "owner."
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the MPC.
Notice required by the Pennsylvania Municipalities Planning
Code, 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.)
See "extractive operation, sand and gravel pit, asphalt/concrete
plant."
A measured course where animals, vehicles and/or machines
may be entered in competition against one another or against time,
including tracks used only in the training of animals.
See "setback, rear yard."
Leisure time activities, usually of a more formal nature
and performed with other individuals, often requiring equipment and
taking place at prescribed places, sites 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.
Includes commercial camps and resort camps as defined below:
RECREATIONAL CAMPING PARK, COMMERCIAL CAMPA business offering dormitories, cottages, cabins or similar accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public on other than a transient basis. This definition does not include "trailer camp."
RECREATIONAL CAMPING PARK, CAMPGROUNDAny 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.
Facility designed for outdoor/indoor recreation owned and
operated by private and/or public entities.
A 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; includes campers, pickup coaches, travel trailers, motor
homes and vehicles of like nature.
Leisure time activities, usually of an informal nature, such
as hiking and picnicking.
A 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.
A property of 10 acres or more on which are located multiple
facilities offering a combination of eating, lodging, recreational
and/or commercial enterprises.
Facility designed and operated to collect, separate, process
and recycle waste material for reuse.
A commercial establishment in which the principal use is
the preparation and sale of food and beverages and may also include
an outdoor dining area.
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 not within the interior building walls of a restaurant. May also be located on a public sidewalk, which provides waiter or waitress service and is either an enclosed or unenclosed outdoor dining area, as defined. No portion of an outside dining area shall be used for any purpose other than dining or drinking and circulation therein.
See "use, temporary."
A wall or similar structural device used at a grade change
to hold the soil on the uphill side from slumping, sliding or falling.
An 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.
See "dwelling, boardinghouse."
See "junk."
See "junkyard."
See "extractive operations, sand and gravel pit, asphalt/concrete
plant."
A sewer that carries sewage and excludes stormwater, surface
water and groundwater.
An 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.
See "buffer."
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal property.
[Added 11-14-2019 by Ord.
No. 228]
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 specifically serve
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.
An 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.
The 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 an 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.
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.
A 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.[20]
A 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:
SEWAGE FACILITIES SYSTEM, CENTRALIZEDA public utility system or other multidwelling 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 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.
Any facility designed for the treatment of sewage that serves
in excess of two structures or dwelling units.
A 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.
Public sewerage service that is owned and operated by the
Township or a Township-authorized municipal authority and is a DEP-approved
sewerage system.
The connection consisting of all pipes, fittings and appurtenances,
from the drain outlet of a dwelling or building to the lateral of
the sewer.
That 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.
See "accessory structure."
An 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.
A 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.
Any 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. 2004-03, as amended.
[Added 9-14-2017 by Ord.
No. 215]
See "special event."
See "setback, side yard."
The 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.
An 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.
Any device (including but not limited to letters, words,
numerals, figures, emblems, pictures, or any part or combination thereof)
used for visual communication, intended to attract the attention of
the public and visible to the public right-of-way or other properties.
The term "sign" shall not include any flag, badge or insignia of any
governmental unit. See also the sign portion of this chapter for additional
definitions for sign types.[21]
The minimum distance required between any property line and
any portion of a sign or sign structure and/or the required spacing
between two signs.
The 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.
This term shall include one or more of the following activities:
A 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.
A process for the review and approval of a land development
plan.
An area developed for snow skiing, with trails and lifts,
and including sales, rentals and services of related equipment and
accessories, instruction, and may include restaurants.
A facility for the slaughtering and processing of animals
and the refining of their by-products.
The degree of deviation of a surface from the horizontal
plane, usually expressed in percent or degrees.
Slopes of a gradient of 15% or steeper.[22]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 12-28-2023 by Ord. No. 242]
Any garbage, refuse, rubbish or other discarded materials
in solid or liquid form.
See "dwelling, dormitory."
A 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 thirty-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.
A use permitted in a particular zoning district pursuant to the provisions of Article VIII, Administration, § 084-030, Permit application procedure for special exception uses.
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.
A 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.
A 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.
A 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.
See "watercourse."
A 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,[23] as amended from time to time, for additional definitions
and descriptions of the different types of streets.
Anything 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, stormwater facilities, wells, paving
and septic systems shall not be considered structures.
STRUCTURE, NONCONFORMINGA 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 ordinance.
STRUCTURE, NONCONFORMING, ILLEGALA structure that did not legally exist prior to the adoption of this ordinance 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.
The division or redivision of land into two or more lots,
tracts, parcels, sites or divisions.
A map, prepared by a Pennsylvania-licensed civil engineer
or a Pennsylvania-licensed land surveyor, showing the subdivision
of land into lots.
A medical facility that focuses on outpatient surgery and
has limited facilities for overnight stays. See medical facilities
use regulations.[24]
See "nightclub/bar/tavern."
A 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.
See "dwelling, townhouse."
The Township of Middle Smithfield, Monroe County, Pennsylvania.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks which provide multiple routes from origins to destinations
and is appropriately designed to serve the needs of pedestrians and
vehicles equally.
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.
Facility designed for the parking of vehicles and transfer of persons to buses for transport to other destinations, generally for commuter use, in accordance with Article IV of this chapter.
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 and providing housing for
three or more unrelated persons who require specialized housing, treatment
and/or counseling due to:
A treatment center is not a group home under the Federal Fair
Housing Act,[26] as amended.
A facility for the receipt, transfer, short-term storage
and dispatching of goods transported by truck. Included in the use
type would be express and other mail, bulk mail and package distribution
facilities.
The purpose for which land or a building is arranged or intended
or for which either land or a building may be occupied or maintained.
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 ordinance 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 ordinance and the MPC, provided generally that the specific application of the use would not prove injurious to the public interest.
The 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.
A 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.
A structure and/or outside area set aside for the sale of
vehicles, with or without accessory service facilities.
A building or lot or part thereof where repairs, improvements
and installation of parts and accessories for motor vehicles are conducted
that involve work that is more intense in character than work permitted
under the definition of "gas station." "Vehicle service and repair
facility" shall include, but not be 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.
An establishment offering veterinary services for all types
of animals and which may include indoor and overnight boarding for
animals.
The connection consisting of all pipes, fittings and appurtenances
from the water main to the internal distribution system of the dwelling
or nonresidential unit.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Water 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 supply service to a building and/or structure via an
individual on-lot well.
Central water service by a system owned and/or operated by
a municipality, a municipal authority or the public utility.
A 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 the start
of construction, and a copy shall be supplied to the Township prior
to the start of construction.
A 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 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 the Township
prior to the start of construction.
An area of land that is inundated and saturated by surface
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Buildings and outside areas designed for the storage, warehousing
and/or wholesale marketing of commercial and/or industrial goods.
[Amended 11-14-2019 by Ord. No. 228]
Accessory devices and equipment designed to collect wind
power and convert same into usable energy.
See "communications equipment building."
The use of all or a portion of lands or a building or 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
premises.
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.
YARD, FRONTThe area between the front lot line and the front yard setback.
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.
A land area within which certain uniform regulations and
requirements apply under the provisions of this chapter.
The Zoning Hearing Board of Middle Smithfield Township.
The 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."
The administrative officer charged with the duty of enforcing
the provisions of this ordinance.
The "Zoning Ordinance of Middle Smithfield Township of 2010-A,"
as may be amended from time to time.
See "permit, zoning."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor’s Note: The Traditonal Neighborhood Development (TND) Option was removed from Ch. 200 by Ord. No. 188, adopted 9-4-2012.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[4]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[5]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[6]
Editor's Note: See 10 P.S. § 311 et seq.
[7]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[8]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
[9]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[10]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[11]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[12]
Editor's Note: See 3 P.S. § 459-101 et seq.
[13]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[14]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[15]
Editor's Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[17]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[18]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[19]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[20]
Editor's Note: See 35 P.S. § 691.1 et seq.
[22]
Editor's Note: The former definition of "solar energy system,"
which immediately followed this definition, was repealed 12-28-2023 by Ord. No.
242.
[24]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[25]
Editor’s Note: The Traditonal Neighborhood Development (TND) Option was removed from Ch. 200 by Ord. No. 188, adopted 9-4-2012.
[26]
Editor's Note: See 42 U.S.C. § 3601 et seq.
