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