Middle Smithfield Township
City Zoning Code
City Zoning Code
ARTICLE IV
Use Regulations Within Zoning Districts
§ 040-010 Public utilities.
The MPC provides that zoning is not applicable to any existing or proposed building, or extension thereof, used, or to be used, by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. If the Pennsylvania Public Utility Commission issues a certificate of convenience, then zoning shall not apply. Deregulated services are not exempt.
§ 040-020 Agriculture.
The MPC expressly recognizes the preemption of municipal zoning regulations of agriculture by the act of May 20, 1993 (P.L. 12, No. 6), known as the Nutrient Management Act, the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, the act of June 10, 1982 (P.L. 454, No. 133), known as [A]n Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances, the Right to Farm law, and other state and federal laws, all as amended from time to time. The MPC further provides that "zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations in geographic area where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on the public health and safety." The Agriculture, Communities and Rural Environment Initiative (ACRE), amending Title 3 (Agriculture), also provides additional exemptions from municipal zoning regulations. [Note: See 3 P.S. § 1717, 3 P.S. § 911(b), 3 P.S. § 951 et seq., 53 P.S. § 10603(b), 53 P.S. § 10603(h) and Act 38 of 2005, respectively.]
§ 040-030 Mineral extraction.
The MPC expressly recognizes preemption by state and federal mining laws of municipal regulation through zoning of mineral extraction. [Note: See 53 P.S. § 10603(b).] Such laws include, but are not limited to, the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act,"[1] the act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act,"[2] and the act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act,"[3] and to the extent that the subsidence impacts of coal extraction are regulated by the act of April 27, 1966 (1st Sp. SESS., P.L. 313, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act,"[4] all as amended from time to time. The MPC also mandates that the Township provide for the reasonable development of minerals within its boundaries.
§ 040-040 Forestry.
Pursuant to the MPC, forestry activities are a permitted use by right in all zoning districts within the municipality. [Note: See 53 P.S. § 10603(f). Section 603(f) further provides that the zoning ordinance may not "unreasonably" restrict forestry activities.]
§ 040-050 No-impact home-based businesses.
Pursuant to the MPC, no-impact home-based businesses [Note: "Exempt premises" under "day-care center" shall be included in this section.] are permitted by right in all residential districts within the Township, except that such permission shall not supersede any deed restriction, covenant and/or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community. [Note: See 53 P.S. § 10603(l).]
§ 040-060 Religious institutions.
It is the intention of this Township to regulate religious institutions in compliance with the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) [Note: See 42 U.S.C. § 2000cc et seq.] which, in summary, provides that no Township may impose or implement land use regulations in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless certain criteria is met, as well as with the Pennsylvania Religious Freedom Protection Act (RFPA)[1] which, in summary, provides that no Township shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination, and, pursuant to the MPC, the display of religious symbols on property being used for religious purposes may not be unduly restricted.
[1]
Editor's Note: See 71 P.S. § 2401 et seq.
§ 040-070 Group homes and age-restricted housing.
This Township, through zoning rules, policies and practices, intends to make reasonable accommodations to afford any individual equal opportunity to use and enjoy a dwelling in compliance with the federal Fair Housing Act and the Pennsylvania Human Relations Act, as both may be amended from time to time. Both acts exempt from this prohibition on discrimination "housing for older persons," as defined by the acts. [Note: See Act No. 214, December 19, 2002, 71 P.S. § 2401 et seq.; Act of October 27, 1955, P.L. 74, as amended, 43 P.S. §§ 951 through 963; 42 U.S.C. § 3607(b)(1); and 43 P.S. § 955(h)(9).]
§ 040-080 Gaming/gambling establishments.
To the extent that a licensed gaming facility has been approved by the Pennsylvania Gaming Control Board, Act 71 ("Gaming Act"),[1] approved July 5, 2004, and as amended from time to time, provides that the conduct of gaming, including the physical location of a licensed facility and extending to racetracks and related facilities, shall not be prohibited or otherwise regulated by this ordinance.
[1]
Editor's Note: See 4 Pa.C.S.A. § 1101 et seq.
§ 040-090 Township and municipal authority uses and structures.
The minimum lot area, minimum lot width and minimum street frontage requirements of this ordinance shall not apply to uses and/or structure(s) owned by Middle Smithfield Township or by a municipal authority created by the Township for uses and/or structure(s) that are intended for stormwater management, public recreation or public health and safety purposes.
§ 041-010 Designation of use regulations.
For the purposes of this chapter, the regulation of the use of land or the use of a structure within a specific zoning district situate in Middle Smithfield Township is divided into the following categories with the following abbreviations:
P | Permitted as a use by right |
C | Permitted as a conditional use |
S | Permitted as a use by special exception |
N | Prohibited as a use |
§ 041-020 Explanation of use designations.
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.
§ 041-030 Uses not specifically provided for.
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.
§ 042-010 Effect of existing nonconforming status.
A property owner has a constitutional right to continue a nonconforming condition and the Zoning Officer(s) shall issue to a property owner a zoning permit for any nonconformity so long as the property owner can prove to the Zoning Officer that the lot, use or structure was lawfully in existence as of the time of the enactment of an ordinance with which the lot, use or structure is in violation. Once a zoning permit has been issued for the nonconformity, the nonconformity can continue until it is abandoned. A preexisting nonconforming condition for which a zoning permit is issued creates a vested property right that shall run with the land, not the owner. A use or structure that is approved by the Township and subsequently becomes part of an Overlay District shall not be considered a nonconforming use. Uses and structures with no vested rights are illegal and require removal.
§ 042-020 Nonconforming lots.
Nonconforming lots in all zoning districts. A nonconforming lot enjoys the protections afforded by such attribution; however, such lot shall be developed in conformity with all applicable district regulations other than minimum lot area, and lot width, including side and rear yard setbacks. Improvement of a nonconforming lot cannot otherwise violate other dimensional requirements or increase the existing nonconformity, except pursuant to variance application procedures as hereinafter set forth:
A.
Permitted construction on a nonconforming lot. A single, permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot, provided all of the following additional requirements are met:
(1)
The lot must be a lawful nonconforming lot of record. All federal, state and local wetland regulations shall be met.
(2)
Sewer and well requirements shall be met.
(3)
If the subject lot is in a recorded subdivision having yard setback requirements set forth on the recorded plan or in the recorded deed, those delineated yard setbacks shall be applied.
(4)
If no yard setback requirements are set forth on the recorded plan or in the recorded deed, the following shall be applied for a single-family dwelling unit:
(a)
Lots having a width of 100 feet or greater but less than 150 feet shall have a minimum side yard setback of 20 feet.
(b)
Lots having a width of 79 feet or greater but less than 100 feet shall have a minimum side yard setback of 15 feet.
(c)
Lots having a width of 49 feet or greater but less than 79 feet shall have a minimum side yard setback of 12 feet.
(d)
Lots having a depth of less than 100 feet shall have a minimum front yard setback of 30 feet.
(e)
Lots having a depth of less than 100 feet shall have a minimum rear yard setback of 20 feet.
(f)
Triangular lots shall have a minimum front yard setback of 25 feet.
(g)
Triangular lots shall have a minimum rear yard setback of 15 feet.
(5)
Nonconforming lots in nonresidential districts. If a nonconforming lot is located in a nonresidential district, then a building may be constructed on it for any use permitted in that district in which the lot is located, provided that the off-street parking and loading requirements, including all yard requirements for the applicable district, are complied with.
§ 042-030 Expansion of nonconforming structures.
A structure that is nonconforming may be altered, reconstructed, enlarged and/or expanded, including an extension of a nonconforming building footprint, so long as the alteration, reconstruction, enlargement and/or expansion does not create a new dimensional nonconformity or worsen an existing dimensional nonconformity without the granting of a variance. In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements for nonconforming uses as set forth in this chapter.
§ 042-040 Reconstruction of nonconforming structures or structures containing nonconforming uses.
A.
Prior certificate of nonconformity. If a property has been previously issued a certificate for a nonconforming structure or a certificate for a structure containing a nonconforming use and said nonconforming structure is subsequently partially damaged or destroyed, then the landowner has a right to demolish and rebuild as follows:
(1)
An application for a zoning and building permit must be submitted within 18 months after the date of damage or destruction;
(2)
Work must commence within six months of the issuance of the building permit;
(3)
No new nonconformity or increase in nonconformity may be created by any reconstruction; and
(4)
The property must be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
B.
No prior certificate of nonconformity. If the property did not have a certificate for a nonconforming structure or a certificate for a nonconforming use prior to the nonconforming structure being partially damaged or destroyed, the Zoning Officer shall issue to a property owner a zoning permit for any nonconformity so long as the property owner can prove to the Zoning Officer that the lot, use or structure was lawfully in existence as of the time of the enactment of an ordinance with which the lot, use or structure is in violation. The property owner may then proceed in compliance with § 042-040A.
C.
C-1 Zoning District. Within the C-1 Zoning District only, a nonconforming structure, with respect to front yard setback requirements, which contains a conforming use and for which the nonconforming structure has been issued a certificate of nonconformity, may be demolished and rebuilt at the existing nonconforming setback line, provided that the following conditions are met:
(1)
The new structure shall be located no closer to the street line at any point than the prior structure was located; and
(2)
The building footprint that lies within the required front yard setback shall be no greater after reconstruction than the building footprint that was located within the required front yard setback prior to removal.
§ 042-050 Expansion of nonconforming uses.
A.
A nonconforming use may be expanded (or subject to a series of expansions) so long as the total percentage increase of the nonconforming condition that existed at the time of enactment of this ordinance creating the nonconforming condition is not increased to greater than 100% of the nonconformity, pursuant to the procedures as outlined for a public hearing with the Zoning Hearing Board.
B.
Variance from percentage limitation. A property owner may seek a variance from the percentage limitation so long as the property owner can satisfy the following four factors:
(1)
That an unnecessary hardship exists which is not created by the party seeking the variance and which is caused by unique physical circumstances of the property for which the variance is sought;
(2)
That a variance is needed to enable the party's reasonable use of the property;
(3)
That the variance will not alter the essential character of the district or neighborhood or substantially or permanently impair the use or development of the adjacent property such that it is detrimental to the public's welfare; and
(4)
That the variance will afford the least intrusive solution.
§ 042-060 Change of nonconforming uses.
The nature of a nonconforming use is determined from the actual use to which the property is put, rather than from the identity of the users. A modification of a nonconforming use to a new or changed use is prohibited subject to the following:
A.
A proposed use need not be identical to the current use; it need only be sufficiently similar to the nonconforming use so as not to constitute a new or different use;
B.
A change in technology is a continuation of a use;
C.
A change in the intensity of a use is a continuation of a use; and
D.
A change in use necessitated for compliance with a state or federal law is not an expansion.
§ 042-070 Nonconforming use abandonment.
A.
Generally. A property owner may continue to operate under the protections of a nonconforming status until such time as the use has been abandoned.
C.
Discontinuance provision. If a nonconforming use has not been used for a period of 18 consecutive months, this failure to use the nonconforming use shall establish the intent to abandon the nonconforming use.
(1)
Once the municipality establishes the intent to abandon, the burden of persuasion shifts to the party challenging the claim of abandonment.
(2)
If the challenger introduces evidence of contrary intent, the presumption of intent to abandon is rebutted, and the burden of persuasion shifts back to the party claiming abandonment.
D.
Actual abandonment. Actual abandonment cannot be inferred from or established by a period of nonuse alone; the municipality must establish actual abandonment through the property owner's overt acts or failure to act.
§ 043-010 Table of Use Regulations Within Zoning Districts.
The Table of Use Regulations Within Zoning Districts is included at the end of this chapter.
§ 044-010 A Agricultural uses.
A.
A1 Agriculture, general.
(1)
Minimum lot area: two acres.
(2)
No structure intended for the agriculture, general or agriculture, intense uses, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line, and all exhaust fans shall be directed away from the closest residences.
(3)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[1] Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[2] and the practices prescribed by the Manure Management Manual.
(4)
Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.
(5)
All grazing and pasture areas utilized for this purpose shall be fenced.
(6)
The keeping of ferrets, garbage-fed pigs and exotic animals is prohibited.
(7)
The keeping of animals, other than pets, on 10 acres or more of contiguous land shall constitute Agriculture, Intensive and shall be governed by Pennsylvania Act 38 of 2005, as may be amended, known as the "Agriculture, Communities and Rural Environment Act" (ACRE).[3]
[3]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
(8)
The keeping of animals, other than pets, on less than 10 acres or more of contiguous land shall be subject to the following requirements:
(a)
Livestock.
[1]
Livestock shall not be permitted to overgraze any property in Middle Smithfield Township except during the winter months of November through February. "Overgrazing" shall be defined as grazing to the point of removing all or almost all vegetative growth from the ground, leaving only one inch or less of cover.
[2]
The keeping of grazing animals shall be limited to no more than one unit of grazing animals, as defined, on the first two acres of contiguous land, and one unit of grazing animals per acre for each contiguous acre of land.
[3]
The keeping of nongrazing animals shall be limited to no more than five units of nongrazing animals on the first two acres of contiguous land, and five units of nongrazing animals per acre for each contiguous acre of land.
[4]
The keeping of both grazing and nongrazing animals on the same acreage described above shall be limited to the maximum number of grazing and nongrazing animals for the acreage provided in the preceding subsections.
(b)
Poultry. The keeping of poultry shall be limited to no more than 25 units of poultry for the first two acres of contiguous land, and 25 additional units of poultry per acre for each contiguous acre of land.
(c)
Exemption. Members of youth programs sponsored and organized for the purpose of agricultural education and involving traditional agricultural animals are hereby exempted from the provisions of this subsection during the keeping and raising of traditional agricultural animals within the parameter of the youth programs.
(9)
Silos shall be situated not less than the height of the silo from any street or property line.
(10)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
A2 Agriculture, intensive.
(1)
Minimum lot area: 10 acres.
(2)
The keeping of animals, other than pets, on 10 acres or more of contiguous land shall constitute agriculture, intensive and shall be governed by Pennsylvania Act 38 of 2005, as may be amended, known as the "Agriculture, Communities and Rural Environment Act (ACRE)."[4]
[4]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
(3)
All other rules and regulations set forth in Subsection A, Agriculture, general, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.
(4)
Any building or structure used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any street or property line. Livestock and poultry are not permitted to run at large. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the owner's.
(5)
Silos shall be situated not less than the height of the silo from any street or property line.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
A3 Forestry.
(1)
These regulations shall apply when the total harvesting area is 1/2 acre or greater in a calendar year for which a permit is required. These provisions shall not regulate the following:
(a)
Cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3.5 feet above the ground level) on a lot in any calendar year, provided such cutting does not involve clear-cutting but instead involves routine thinning of woods;
(b)
Cutting of trees with a trunk diameter of less than six inches (measured 3.5 feet above the ground level);
(c)
Cutting of dead trees; and
(d)
Cutting of trees that the applicant proves to the Zoning Officer is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use.
(2)
An application for forestry shall be made a minimum of 30 days prior to the start of work. No forestry shall occur until a permit has been issued by the Zoning Officer.
(3)
The application shall include a written timbering plan, which shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.
(4)
The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the logging plan and permit.
(5)
Logging plan.
(a)
The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area and the anticipated starting and completion date of the operation. The zoning permit shall be valid for up to two years from the date of issuance.
(b)
The logging plan shall include, at a minimum, the following information:
[1]
A narrative of proposed cutting practices and/or stand prescription(s) for each stand in the proposed harvest area and the construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
[2]
An erosion and sedimentation control plan approved by the County Conservation District if over one acre will be disturbed.
[3]
All timbering activities shall use best management practices which shall be shown on the plan.
[4]
A narrative of all stream and road crossings, including required permits from the appropriate agency.
[5]
All Township and/or PennDOT highway occupancy permits, if applicable.
[6]
An application shall be submitted to the Township, with a map showing waterways, drainageways, approximate wetlands, lakes, roads, lot lines and proposed harvest areas.
[7]
The application shall also include the name and address of the property owner and the person who will be responsible to oversee the forestry operations.
(6)
Forestry practices.
(a)
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the street.
(b)
No tops or slash shall be left within 25 feet of any public street, property line or private roadway providing access to adjoining property.
(c)
All tops and slash between 25 feet and 50 feet from a public street right-of-way or private road providing access to adjoining property or within 50 feet of adjoining property shall be lopped so that they do not extend more than four feet above the surface of the ground.
(d)
Streams are an important natural resource that provide for water quality, flood control, bank stabilization and other ecological benefits. To insure their adequate protection, logging is prohibited within 25 feet, plus one foot per percent of slope to the edge of bank on each side of all perennial waterways; this setback is doubled for streams rated "high quality" to 50 feet, plus one foot per percent of slope to the edge of the stream bank.
(e)
All earthmoving within this area shall be minimized or fully avoided.
(f)
No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodplain shall be assumed to be all that area within 50 feet of the center of a waterway.
(g)
The use of clear-cutting must be fully justified by a forestry plan prepared by a qualified professional. Clear-cutting shall be prohibited on slopes greater than 25%.
(h)
A twenty-foot minimum setback shall be maintained for forestry operations from a public street right-of-way and from any lot line of property, except that such lot line setback shall not apply if the adjoining property owner provides a written, notarized and signed waiver of the setback to the Zoning Officer.
(i)
If forestry operations involve more than two acres, a minimum of 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed to promote reforestation.
(7)
Public road responsibility. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the forestry operations operation to the extent the damage is in excess of that caused by normal traffic. The applicant shall document the structural condition of the public roads that will serve as the primary routes by trucks to the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed the design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks. Such financial security shall remain in full force until the Board of Supervisors issues a written notification that all provisions of this chapter and the permit have been complied with, provided that the Township has an engineered study of the condition of said roads, including a traffic study of said roads involved; if not, then the financial security requirement is waived per forestry regulations regarding the hauling of timber over public roads.
(8)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
A4 Kennel, state-licensed.
(1)
Minimum lot area: six acres.
(2)
Minimum setback: All boarding buildings, outdoor pens, stalls and runways shall be located at least 200 feet from all residential lot lines in a residential zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(4)
Outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.
(5)
No animal shall be permitted to use outdoor runs from 11:00 p.m. to 6:00 a.m. that are within 200 feet of an existing dwelling in a residential zoning district.
(6)
The keeping of exotic animals shall not be permitted.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
A5 Kennel, private, non-state-licensed.
(1)
Minimum lot area: six acres.
(2)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines in a residential or conservation zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(4)
Kennels covered by this use category 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.
(5)
The keeping of exotic animals shall not be permitted.
(6)
All other rules and regulations set forth in Subsection D, Kennel, state-licensed, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
A6 Nursery.
(1)
Minimum lot area: five acres.
(2)
No structure intended for the nursery use, other than a dwelling or residential accessory use, shall be constructed within 100 feet of any adjoining street or property line.
(3)
Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.
(4)
The maximum impervious surface ratio shall be 10%. This ratio may be exceeded, provided the requirements of intensive agriculture are met and provided intensive agriculture is a permitted use in the applicable zoning district.
(5)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
A7 Riding academy.
(1)
Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(2)
No structure intended for the riding academy use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any street or lot line.
(4)
All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.
(5)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[5] Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[6] and the practices prescribed by the Manure Management Manual.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
A8 Stable.
(1)
Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(2)
No structure intended for the riding academy use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any adjoining street or property line.
(4)
All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.
(5)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[7] Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[8] and the practices prescribed by the Manure Management Manual.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
§ 044-020 B Residential uses.
A.
B1 Conservation development.
(1)
See Article VI, Development Options, Division 63, Conservation Development Option, for regulations governing conservation developments which are incorporated into this provision by reference thereto as though set forth in their entirety herein.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
B2 Dwelling, apartment complex. This use is subject to the following supplementary regulations:
[Amended 3-10-2016 by Ord. No. 206]
(1)
Maximum density shall be six dwelling units per acre of "adjusted tract area," calculated in accordance with § 130-020 of the Zoning Ordinance.
(2)
A dwelling unit shall not be leased for periods of less than 30 days.
(3)
In addition to any sidewalk along a street that may be required under the Subdivision and Land Development Ordinance (SALDO), a sidewalk or other Township-approved pedestrian pathway shall connect a pedestrian entrance of each apartment building to a street.
(4)
A minimum of 20% of the total land area shall be landscaped in trees and shrubs, maintained in existing trees and natural vegetation and/or improved for outdoor recreation uses. See also the recreation land and/or fee requirements in the SALDO.
(5)
Exterior accessibility of buildings by emergency equipment shall be reviewed by local fire officials.
(6)
An architectural elevation of each proposed new principal building shall be provided to the Township for review at least 45 days prior to the intended date of issuance of a construction permit for the building.
(7)
Major resident pedestrian entrances to buildings shall include a roof overhang, awning, canopy, inverted entrance or roof extension to provide protection from inclement weather.
(8)
Rooftop heating and air-conditioning equipment shall be screened from view from public streets by rooflines, parapet walls, grading or architectural screens with materials and colors consistent with the materials of the building.
(9)
Each dwelling unit shall be served by both public water and public sewage services, unless prohibited by law, or such service is not available to the property.
(10)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
B3 Dwelling, boardinghouse.
D.
B4 Dwelling, dormitory. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
B5 Dwelling, duplex.
(1)
All units within the project shall be connected to a publicly or privately owned central sanitary collection and treatment system and a central potable water distribution system. The system shall meet appropriate minimum water pressure and fire flow and hydrant requirements.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
B6 Dwelling, group home.
(1)
Dwelling, group home uses shall meet the supplementary use regulations for the particular type of dwelling which they occupy.
(2)
All zoning permit applications for a dwelling, group home shall state, in addition to standard application information, the following:
(a)
Number of residents in said dwelling.
(b)
Number of professional staff members for said dwelling.
(c)
Type or classification of residents.
(d)
Whether twenty-four-hour, on-site staffing is required and, if so, a statement that twenty-four-hour, on-site staffing will be provided.
(e)
License number and/or certification number and/or permit number from the Commonwealth of Pennsylvania for the operation of said dwelling, group home. A copy of said license, certification and/or permit shall be attached to the zoning permit application.
(f)
Description of the nature of care/treatment provided at the dwelling, group home.
(g)
Identification of the sponsoring agency, if any, of said dwelling, group home.
(h)
Verification that local emergency service providers have been notified, in writing, of the presence of the dwelling, group home.
(3)
The base maximum capacity in a dwelling, group home is six persons (Professional and staff personnel are not included in this calculation.); however, a higher number of residents may be approved by the Board of Supervisors as part of the conditional use process, depending on the type of dwelling unit(s) being occupied and the infrastructure (i.e., water, sewer, parking and so forth) available to said use.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
B7 Dwelling, mobile/manufactured home. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
B8 Dwelling, residential conversion. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
B9 Dwelling, single-family detached. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
J.
B10 Dwelling, townhouse or rowhouse.
(1)
All townhouse or rowhouse dwellings shall be serviced by either a centralized sewage facilities system and either a centralized or community water supply system.
(2)
Vehicular access points onto all public streets shall be minimized to the lowest reasonable number; no townhouse dwelling within a tract of three or more dwelling units shall have its own driveway entering onto a public street.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
B11 Dwelling, twin dwelling unit.
(1)
A dwelling, twin dwelling unit shall have only one driveway access point onto a public road.
(2)
If a dwelling, twin dwelling unit shares a water and/or sewer facilities system, any applicant for a zoning permit must provide to the Zoning Officer a fully executed and recorded agreement for the ownership and maintenance of said joint system(s) prior to the issuance of a zoning permit.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
B12 Homeless shelter, permanent.
(1)
A homeless shelter, permanent can be situated in any of the following dwelling types and shall be compliant with all of the supplementary use regulations set forth herein for said use. These uses include:
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
M.
B13 Manufactured home park.
(1)
Minimum lot size for park: 2.5 acres.
(a)
Requirements for individual lots within the Manufactured Home Park:
Table of Area and Dimensional Requirements For Manufactured Home Parks | |||||||
|---|---|---|---|---|---|---|---|
Use | Minimum Lot Area (Square Fee) | Lot Width at Setback (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | Minimum Space Between Units | Boundary Setback |
Single-wide to 61 feet | 4,800 | 45 | 25 | 5 | 15 | 25 | 40 |
Single-wide at more than 61 feet | 5,250 | 45 | 25 | 5 | 15 | 25 | 40 |
Double-wide | 7,000 | 60 | 30 | 15 | 15 | 30 | 40 |
(2)
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(3)
All units within the mobile home park shall be serviced by either a centralized sewage facilities system and either a centralized or community water supply system.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
N.
B14 Senior active adult development. See Article VI, Development Options, Division 62, Senior Active Adult Development Option, for regulations governing senior active adult developments.[1]
[1]
Editor’s Note: Former Subsection O, B15 Traditional Neighborhood Development, which immediately followed this subsection, was repealed 9-4-2012 by Ord. No. 188.
§ 044-030 C Institutional and recreational uses.
A.
C1 Bed-and-breakfast. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
C2 Cemetery.
(1)
A cemetery may be located on the same lot as an allowed place of worship.
(2)
In no case shall any cemetery, grave site and/or structure relating to a cemetery be located within the one-hundred-year floodplain of an adjacent watercourse.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
C3 Community center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
C4 Day-care center, state-licensed facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
C5 Detention facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
C6 Gaming/gambling establishment. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
C7 Golf course. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
C8 Library or museum. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
C9 Life-care facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
J.
C10 Medical facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
C11 Municipal service facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
C12 Nursing home. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
M.
C13 Private club. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
N.
C14 Recreational camping park.
(1)
Minimum lot area: 20 acres.
(2)
Minimum setback requirements for all campsites and structures shall be 75 feet from any lot line unless the abutting zoning district is CON; in that case, the setback shall be 40 feet.
(3)
No person other than a bona fide resident manager/caretaker shall reside at a recreational camping park for more than six months in any calendar year.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
O.
C15 Recreational facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
P.
C16 Resort complex/commercial resort development.
(1)
See Article VI, Development Options, Division 61, Resort Complex/Commercial Resort Development Option use regulations governing resort complex/commercial resort developments.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
Q.
C17 School. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
R.
C18 Shooting range. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
S.
C19 Ski area. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
T.
C20 Theater. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
U.
C21 Treatment center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
V.
C22 Worship, place of, and related uses.
(1)
A worship-related residence shall be accessory to, and located upon the same parcel as, the place of worship and subject to all the underlying zoning district's regulations.
(2)
If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
§ 044-040 D Office uses.
A.
D1 Office. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
D2 Business park.
(1)
At least 70% of the gross floor space of the business park shall be utilized for office uses.
(2)
All uses within the business park shall take access from an interior roadway.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
D3 Data center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
§ 044-050 E Utility, service and transportation uses.
B.
E2 Communications antenna/tower and communications equipment building.
(1)
Minimum setbacks: 100 feet, plus the total height of the antenna/tower above ground level.
(2)
Maximum antenna/tower height: 200 feet above ground level.
(3)
Applicant shall submit a report that provides:
(a)
Tower type analysis, including, but not limited to, guyed towers and monopole towers.
(b)
Statement that the antenna/tower must be constructed where it is proposed in order to satisfy its function pursuant to the communication industries' technological requirements.
(c)
A copy of the license from the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), if applicable, prior to issuance of zoning permit.
(d)
Proposed antenna/tower will not interfere with existing public safety telecommunications or otherwise, based upon a study performed by a radio frequency engineer or other qualified professional to analyze the threat of interference.
(e)
Co-location is unavailable within the proposed service area.
(f)
Statement that the applicant agrees to permit co-location on its facility, at reasonable market rates, of additional antennas by another cellular or wireless communications provider, provided that said co-location does not disrupt the applicant's service.
(g)
Evidence that the proposed antenna/tower is designed to minimize visual intrusiveness and environmental impacts.
(4)
Any antenna/tower that is no longer in active use shall be completely removed within six months after the discontinuance of use.
(a)
The owner/operator of the antenna/tower shall post security to the Township, in a form acceptable to the municipality, in an amount sufficient at the time of issuance of the zoning permit to cover removal and site cleanup in the event antenna/tower use is discontinued and abandoned. The security shall be utilized by the municipality in the event that the owner/operator fails to remove and cleanup the site within six months of discontinuance of use.
(5)
An antenna/tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
Note: | |
|---|---|
An antenna/tower intended to primarily serve emergency communications by a Township-recognized police, fire or ambulance organization, and that is on the same lot as an emergency services station, shall be permitted by right in any zoning district as an accessory use to said emergency service facility. |
C.
E3 Emergency service facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
E4 Essential services/utilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
E5 Helipad or heliport.
(1)
The applicant shall provide proof of approval from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the issuance of a zoning permit.
(2)
No pad for any helipad or heliport shall be within 300 feet of any nonresidential property line and 500 feet of any residential property line.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
E6 principal solar energy system ("PSES").
[Added 12-28-2023 by Ord. No. 242]
(1)
Criteria applicable to all PSES:
(a)
PSES shall be permitted by conditional use only in the I Commercial Industrial Zoning District.
(b)
The project narrative shall include the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the principal solar energy system.
(c)
An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a principal solar energy system facility.
(d)
All PSES applications after the effective date of this chapter shall be required to meet the terms and conditions of the Middle Smithfield Township Code of Ordinances, including but not limited to stormwater management, subdivision and land development, building and performance standards.
(e)
Any physical modification to any existing PSES, whether or not existing prior to the effective date of this chapter, that expands the PSES shall require approval under this chapter. Routine maintenance or replacements do not require a permit.
(f)
The PSES layout, design and installation shall conform to applicable industry regulations and with all other applicable building, fire and life safety requirements.
(g)
All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.
(h)
All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
(i)
The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system.
(j)
Signage shall comply with the prevailing sign regulations.
(k)
The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Middle Smithfield Township Zoning/Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to inquiries and complaints from the Township. A contact name, with knowledge of the system, must be provided to Middle Smithfield Township with updates due to employee advancement or turnover.
(l)
The PSES shall meet the lot size requirements of the applicable zoning district.
(m)
PSES shall comply with the following setback requirements:
[1]
Building setbacks of the I District shall apply, except that when adjacent to any residential district or parcel, the solar panels must meet a minimum fifty-foot setback. Fencing shall comply with the setbacks of the I District.
[2]
If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make the most efficient use of the project area.
(n)
No PSES shall encroach within any wetlands, wetland buffer, watercourse buffer, steep slopes, floodplains, floodways and/or other sensitive natural areas identified during the conditional use hearing.
(2)
Ground-mounted PSES.
(a)
The PSES shall meet the lot size requirements of the underlying zoning district.
(c)
Ground-mounted PSES shall not exceed 15 feet in height.
(d)
Impervious coverage:
[1]
The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.
[2]
Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.
(e)
Screening and vegetation:
[1]
Street screening shall consist of slat fencing or shrubs, six feet to eight feet high when mature, that shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way.
[2]
Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching six feet to eight feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township.
[3]
Perimeter fence shall be placed between shrubs and solar panels.
[4]
Widespread use of herbicides to control ground cover growth is prohibited.
[5]
The applicant shall agree to, execute and record a maintenance agreement ensuring the continued maintenance of the screening in a manner and form acceptable to the Township, including but not limited to the posting of a performance guarantee.
(f)
The ground-mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state, or local authority.
(g)
Unless agreed to by the easement or right-of-way holder, ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(h)
Security.
[1]
All ground-mounted PSES shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate.
[2]
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence and on the surrounding the PSES informing individuals of potential voltage hazards.
[3]
Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 20 feet.
[4]
The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
[5]
The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the principal solar energy system facility.
(i)
If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be returned to an environmentally stable condition.
(j)
Decommissioning.
[1]
An affidavit, or similar evidence, signed by the property owner and the PSES facility owner affirming a lease agreement with a decommissioning clause (or similar) and a successors and assigns clause. The decommissioning clause must provide sufficient funds to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads and other associated facilities from the property. The successors and assigns clause must bind those successors and assigns to the lease agreement.
[2]
The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months and the owner has not initiated necessary remedial actions to return the PSES to a generating state. If the PSES owner fails to dismantle and/or remove the PSES within 18 months of cessation or abandonment, the Township may complete the decommissioning at the property owner's expense. The PSES owner must post a bond when the application for such a system is filed with the Township, in an amount determined by the Township's Engineer, to ensure the proper decommissioning.
[3]
The PSES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the PSES in the last 12 months.
[4]
During the operation of the facility, a new engineer's estimate of cost for decommissioning shall be submitted every 10 years to the Township. Upon approval of the estimated costs by the Township's Engineer, a revised surety shall be provided to the Township in the amount of 150% of the new estimate.
(3)
Roof- and wall-mounted PSES.
(a)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.
(b)
PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
§ 044-060 F Retail and consumer service uses.
A.
F1 Adult use.
(1)
"Adult use" applies to "adult use, bookstore," "adult use, live entertainment facility," "adult use, massage parlor" and "adult use, movie theater."
(2)
The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter;
(a)
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality and to limit the locations of adult uses where adverse secondary impacts can be minimized; and
(b)
To not attempt to suppress any activities protected by the free speech protections of the commonwealth and United States constitutions, but instead to control secondary effects through the criteria set forth below.
(c)
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
[Added 12-30-2013 by Ord. No. 198]
(3)
An adult use and parking and driveway areas that serve it shall not be located within 500 lineal feet of any residential zoning district.
[Amended 12-30-2013 by Ord. No. 198]
(4)
An adult use and parking and driveway areas that serve it shall not be located within 1,000 lineal feet of any existing dwelling on another lot, nursing home, personal-care home, assisted-living center, primary or secondary school, nursery school, place of worship or day-care center, or from any noncommercial recreation park open to the general public.
[Amended 12-30-2013 by Ord. No. 198]
(5)
No adult use shall be located within 1,000 lineal feet of any existing adult use, measured from lot line to lot line.
(6)
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations. As specific conditions of approval under this ordinance, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).
[Amended 12-30-2013 by Ord. No. 198]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
(8)
An adult use shall be prohibited in all zoning districts except where specifically allowed under the Table of Use Regulations Within Zoning Districts of the Zoning Ordinance.[2] An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.
[Added 12-30-2013 by Ord. No. 198]
[2]
Editor's Note: The Table of Use Regulations Within Zoning Districts is included as an attachment to this chapter.
(9)
A minimum lot area of 1.5 acres is required.
[Added 12-30-2013 by Ord. No. 198]
(10)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult videos or nude dancers.
[Added 12-30-2013 by Ord. No. 198]
(11)
No use may include sex acts or genital or sexual contact between employees and/or entertainers; or between employees/entertainers and customers.
[Added 12-30-2013 by Ord. No. 198]
(12)
Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.
[Added 12-30-2013 by Ord. No. 198]
(13)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within an approved lawful "adult use, live entertainment facility."
[Added 12-30-2013 by Ord. No. 198]
(14)
Any application for such use shall state the full legal name of an on-site manager who shall be responsible for ensuring compliance with this ordinance on a daily basis and who is authorized to accept enforcement notices and other legal documents on behalf of the owners. A telephone number shall be provided where the on-site manager can be reached during Township business hours. Such information shall be updated within two business days, in writing to the Zoning Officer, after any change in the person assigned as the on-site manager.
[Added 12-30-2013 by Ord. No. 198]
(15)
) The use shall not operate between the hours of 12:00 midnight and 7:00 a.m. If state alcohol laws require that the Township allow a use to operate during later hours, then the adult use activities shall cease at 12:00 midnight.
[Added 12-30-2013 by Ord. No. 198]
B.
F2 Convenience store and gas station. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
F3 Drive-in business.
(1)
A stacking lane, serving a minimum of eight cars, shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
F4 Funeral home. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
F5 Hotel/motel/inn. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
F6 Health spa. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
F7 Nightclub/bar/tavern. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
F8 Open-air business/flea market.
(1)
Minimum lot area: two acres.
(2)
Minimum setbacks: 50 feet from any lot line and/or street line.
(3)
Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
F9 Race track.
(1)
Minimum lot area: 30 acres.
(2)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[3] Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[4] and the practices prescribed by the Manure Management Manual.
(3)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
J.
F10 Restaurant. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
F11 Restaurant, drive-in.
(1)
A stacking lane, serving a minimum of eight cars, shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
F12 Service business. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
M.
F13 Shopping center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
N.
F14 Store, large retail. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
O.
F15 Store, retail. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
P.
F16 Vehicle parking lot or garage. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
Q.
F17 Vehicle sales.
[Amended 11-14-2019 by Ord. No. 228]
(1)
Minimum lot area: one acre.
(2)
Minimum setback requirement from any lot line shall be 40 feet.
(3)
This use shall be the only principal use permitted on the lot, with the exception of a F18 vehicle service and repair facility owned by the same person/entity.
(5)
This use shall be a conditional use in the C1 and C2 zoning districts, a permitted use in the I zoning district, and a prohibited use in all other zoning districts.
(6)
This use shall comply with all applicable federal, state and MST laws, rules, ordinances and/or regulations.
R.
F18 Vehicle service and repair facility.
S.
F19 Veterinarian office or clinic. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
T.
F20 Self-storage facilities.
[Added 11-14-2019 by Ord. No. 228]
(1)
Minimum lot area: two acres.
(2)
Minimum setback requirement from any lot line shall be 40 feet.
(4)
Shall be surrounded by a privacy fence at least six feet in height.
(5)
Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored. The outdoor storage area shall not be located in the required set back yards and shall not interfere with traffic movement through the complex.
(6)
Trash, radioactive or highly toxic substances, garbage, refuse, explosive materials, hazardous substances or similar items shall not be stored.
(7)
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.
(8)
This use shall be a conditional use in the C1 and C2 zoning districts, a permitted use in the I zoning district, and a prohibited use in all other zoning districts.
(9)
This use shall comply with all applicable federal, state and MST laws, rules, ordinances and/or regulations.
§ 044-070 G Industrial uses.
B.
G2 Bus maintenance/storage yard. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
G3 Extractive operation, sand and gravel pit, asphalt/concrete facility.
(1)
If a mineral extraction use involves mining activities over more than one acre of land in any calendar year, then the following additional requirements shall be met:
(a)
The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach Route 209 or Route 402. This route shall consider any improvements that the applicant proposes to fund.
(b)
A copy of all information submitted to and received from federal and/or state agencies in accordance with their regulations, as amended, shall also be submitted to the Zoning Officer prior to the issuance of a use permit.
(c)
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.
(d)
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.
(2)
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
(a)
Fifty feet from the existing right-of-way of public streets and from all exterior lot lines of the property.
(b)
One hundred feet from a nonresidential principal building unless released by the owner thereof.
(c)
One hundred fifty feet from the lot line of a dwelling in a residential or conservation district.
(d)
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at the time of application for the use or expansion of the use.
(e)
The excavated area of a mineral extraction use shall meet the setback of 50 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
(3)
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
(4)
Stone quarry. Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:
(a)
A screening planting within the setback area as specified above shall be required. Such a screening shall be no less than 25 feet in width and set back from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.
(b)
A chain link (or equal) fence at least 10 feet high and with an extra slanted section on top, strung with barbed wire, shall be placed at either the inner or outer edge of planting completely surrounded the area.
(c)
Warning signs shall be placed on the fence at intervals of no more than 100 feet.
(d)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
(e)
A plan shall be submitted showing sequential phases of mining activities on the land. Mining activities shall be conducted on a maximum of 10 acres at a time. Reclamation shall be initiated on one phase before the next phase is opened for mining.
(f)
A plan shall be submitted showing how dust will be controlled.
(5)
Groundwater or springwater withdrawal, involving removal of an average of more than 10,000 gallons per day from a lot for off-site consumption. (Note: If the water is being utilized for uses on adjacent lots or as part of a central water system, it shall not be considered off-site consumption.)
(6)
Water studies. [This subsection does not apply to asphalt/concrete facilities.]
(a)
Purposes: to provide the Township with information to properly evaluate the impact a proposed development will have upon groundwater resources and to make sure that adequate water supplies will be available for the proposed use without negatively impacting adjacent uses dependent upon the same water source.
(b)
Credentials. The study shall be prepared, signed and sealed by a professional geologist or professional engineer with substantial experience in preparing similar studies. The written credentials of the person conducting the study shall be submitted to the Township.
(c)
The hydrogeologic study, at a minimum, shall include the following:
[1]
A location map for the proposed development showing proximity to waterways, lakes and major roads.
[2]
A proposed thirty-day average rate and maximum daily rate of groundwater or springwater withdrawal from each water source.
[3]
A map showing water withdrawal points.
[4]
An analysis of the impacts of the water withdrawal upon the groundwater supply and upon uses and creek levels within a 1/2 mile radius of the project, including agricultural activities.
[5]
Consideration of the impacts during both normal conditions and drought conditions. Drought conditions shall be documented.
[6]
The Board of Supervisors may require that the study include the construction of test wells to determine the impacts. The Board of Supervisors may require a draw-down test with monitoring of existing wells or a new monitoring well for a period of time (such as over 48 hours) necessary to determine the impacts upon neighboring wells. The level, rates, dates and times of water measurements shall be provided, and weather conditions shall be documented. The impacts upon a reasonable sampling of existing wells shall be recorded, provided that the owners of such wells grant permission for such studies.
[7]
The study shall be professionally acceptable to the Township Engineer or his designee.
(7)
The applicant is requested to offer a written statement of what, if any, guarantees, limitations or protections the applicant is willing to commit to address water issues. The applicant may, for example, offer to upgrade a neighboring well that becomes insufficient within a certain period of time and may exempt certain shallow wells from such offer.
(8)
The gallons of usage may be measured based upon average use over a thirty-day period.
(9)
Minimum lot area: five acres, plus any additional acreage that the water study may indicate is needed to show that the net withdrawal from the site will be neutral in its ability to be replenished by natural or other sources, up to a maximum of 100 acres.
(10)
Any bottling or processing operations shall be considered a distinct use and shall meet the requirements of this chapter.
(11)
If the water will be trucked off site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential or conservation district.
(12)
The applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated in terms of structure, geometry, safety and capacity to accommodate the additional truck traffic. The applicant shall document the structural condition of the public roads that will serve as the routes by trucks from the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed the design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks carrying mining materials.
(13)
Explosives that may be stored on site for use in extractive operations shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.
(14)
Hours of operation. The Board of Supervisors, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
(15)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
G4 Fuel storage and distribution. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
G5 Junkyard.
(1)
Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas; the contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed and shall be stored in such a manner to insure that it will not be transferred out of the junkyard by wind, water or other natural causes.
(2)
The storage and/or dumping of trash, garbage, biodegradable material, toxic chemicals or nuclear wastes shall be prohibited.
(3)
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.
(4)
All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided to prevent contamination of groundwater or nearby waterways. The base should be sloped to drain to a sump or holding tank, and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to state regulations, as amended.
(5)
All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
G6 Landfill, sanitary.
(1)
Minimum lot area: 50 acres.
(2)
Minimum setback: 200 feet from lot line(s) and street line(s).
(3)
No burning or incineration shall occur except within an approved waste-to-energy facility.
(4)
The applicant shall prove, to the satisfaction of the Board of Supervisors, that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.
(5)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles. The applicant shall document the structural condition of the public roads that will serve as the primary routes by trucks to the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed the design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks.
(6)
A sanitary landfill shall only be approved if the applicant proves that a continuous route over roads is available that entirely involves roads with a minimum paved cartway width of 18 feet between the exit driveway of the landfill and Route 209 or Route 402.
(7)
A chain link or other approved fence with a minimum height of eight feet shall surround active sanitary landfills to prevent the scattering of litter and to keep out children, unless the applicant proves, to the satisfaction of the Board of Supervisors, that this is unnecessary. The Board shall require that earth berms, evergreen screening and/or shade trees, as needed, be used to prevent landfill operations from being visible from dwellings. At a minimum, a one-hundred-foot buffer shall be provided along all property lines. The buffer shall meet the requirements of this chapter.
(8)
An attendant shall be present during all periods of operation or dumping.
(9)
The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(10)
The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(11)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
G7 Manufacturing.
(1)
The manufacture of fireworks shall not be allowed in the C1 District. Fireworks that may be manufactured, stored and/or warehoused in the Industrial District shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
G8 Manufacturing, light.
(1)
The use shall be conducted within a completely enclosed building.
(2)
The use shall not create explosive or fire hazards.
(3)
The use shall not involve outdoor storage of materials that exceeds more than 50% of the building floor area.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
G9 Resource recovery facility.
(1)
Minimum lot area: 10 acres.
(2)
Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, any resource recovery facility shall be a minimum of 300 feet from any residential zoning district.
(3)
Parking areas, vehicle storage, maintenance or accessory buildings shall be a minimum of 100 feet from any property line.
(4)
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the commonwealth, as amended, the rules and regulations of the Department of Environmental Protection (DEP), as amended, and all provisions of this chapter and all other applicable ordinances. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the DEP, the more restrictive DEP regulations shall supersede and control.
(5)
Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches inside all boundaries. The entire area shall be kept clean and orderly.
(6)
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color. This limitation of access may be waived by the governing body for recycling dropoff stations where public access is essential for the operation.
(7)
Unloading of municipal waste shall be continuously supervised by a facility operator.
(8)
Hazardous waste, as included on the list of hazardous waste maintained by the Department of Environmental Protection (DEP), shall not be disposed of in a resource recovery facility.
(9)
All parts of the process, including unloading, handling and storage of municipal waste, shall occur within a building. However, certain separated, nonputrescent, recyclable materials like glass, aluminum and other materials may be unloaded, handled or stored outdoors when authorized by the governing body. All outdoor storage shall meet the standards of other subsections hereof.
(10)
Paper shall be stored within an enclosure.
(11)
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or properties.
(12)
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(13)
No municipal waste shall be processed or stored at a recycling facility. For types of resource recovery facilities other than a recycling facility, municipal waste shall not be stored on the site for more than 72 hours.
(14)
A contingency plan for disposal of municipal waste during a plant shutdown must be submitted to the municipality and approved by the governing body.
(15)
For a solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface drain to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
(16)
Leachate from the municipal waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with the Pennsylvania Department of Environmental Protection's (DEP's) regulations, as amended. If the leachate is to be discharged into a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground or in any other manner inconsistent with the DEP regulations.
(17)
Waste from the resource recovery facility process shall be stored in such a manner as to prevent it from being carried from the site by wind or water. Such residual waste shall be located at least 200 feet from any property line and stored in leakproof and vectorproof containers. Such residual processed waste shall be disposed of in a sanitary landfill approved by the Pennsylvania Department of Environmental Protection (DEP) or in another manner approved by DEP.
(18)
A fifty-foot dense evergreen buffer shall be maintained as a permanent visual screen. The visual screen shall begin at the ground and extend to the height of the fence. Evergreens shall be six feet to eight feet in height when planted. The lower branches of mature trees shall not be removed. The buffer shall meet the requirements of this chapter.
(19)
A traffic impact study and a water impact study shall be required.
(21)
Recycling collection center as an accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.
(22)
This use shall not be bound by the requirements of a solid waste disposal facility.
(23)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(24)
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
(25)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(26)
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds except within the industrial district.
(27)
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 200 feet of an existing dwelling.
(28)
Any composting of manure shall be restricted to lots of five acres or greater. Such composting shall comply with the published manure management standards of the Pennsylvania State University Cooperative Extension Service, as amended.
(29)
All composting shall be conducted in such a manner that does not create a fire hazard or create a rodent or disease-carrying insect hazard and does not cause noxious odors off of the subject property.
(30)
Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves and vegetable waste. Such composting shall be kept free of other garbage and animal fats.
(31)
Setbacks. Composting areas of greater than one acre shall be set back 75 feet from abutting residential lot lines.
(32)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
G12 Wholesale/warehousing.
(1)
Explosives shall not be allowed in the C1 District. Explosives that may be stored and/or warehoused in the Industrial District shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.[2]
[2]
Former Subsection L(2), regarding mini-warehouses, which immediately followed this subsection, was repealed 11-14-2019 by Ord. No. 228. This ordinance also renumbered former Subsection L(3) as Subsection L(2).
(2)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
§ 044-080 H Accessory uses and structures.
A.
H1 Accessory structures. Accessory structures shall only be allowed as accessory to a principal structure within the terms of this chapter. All accessory structures shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
(1)
Accessory structures for nonresidential principal structures.
(a)
Building height and setback requirements shall meet the requirements for the principal use in the district in which it is located.
(b)
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c)
Outside storage areas shall be shielded from view from all public streets and adjacent residential lots, except that in the case of a retail commercial use with over 50,000 square feet of gross floor area, the Board of Supervisors may allow an outdoor area for display of retail merchandise that fronts on PA 209 to be visible from PA 209.
(d)
Outside displays shall be shielded from any adjacent residential uses.
(e)
Outdoor storage or displays shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(f)
No such storage or displays shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodplain.
(g)
Any outdoor storage or more than five tires on a lot in a residential district or more than 50 in a nonresidential district shall only be permitted as part of a Township-approved junkyard.
(h)
Accessory structures, outside storage and display areas shall not encroach upon the front yard or any buffer yard.
(2)
Fences and walls.
(a)
Any fence or wall shall be durably constructed and well maintained. Fences that have deteriorated shall be repaired, replaced or removed.
(b)
No fence, wall or hedge shall obstruct the sight requirements elsewhere in this chapter.
(c)
Any fence located in the required minimum front yard of a lot in a residential district shall be an open-type of fence (such as picket, wrought iron, chain link or split rail) with a minimum ratio of 1:1 of open to structural areas and not exceeding five feet in height.
(d)
On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.
(e)
A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.
(f)
No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line except where buffer plantings are required elsewhere in this chapter. Where no setback is required, a one-foot-or-greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
(g)
Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.
(h)
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right, as needed, in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line, or further if structural holdbacks longer than 15 feet are required. The setback shall then be a minimum of five feet beyond the limit of the structural holdbacks.
(i)
No wall of greater than four feet shall be located in the required front yard in a residential district except as a backing for a permitted sign as permitted elsewhere in this chapter.
(j)
A wall in a residential district outside of a required front yard shall have a maximum height of four feet if it is within the minimum accessory structure setback.
(k)
Walls that are attached to a building shall be regulated as a part of that building.
(3)
Accessory structures to residential principal structures.
(a)
A garage for personal motor vehicles, a storage shed for household items, a gazebo, a private greenhouse and similar accessory buildings shall be allowed. These structures may be placed in side and rear yards at a distance from property lines of no less than five feet, unless an easement limits the ability to place the accessory structure that close to the property line, provided that the size of the structure is no more than 160 square feet. Structures in excess of 160 square feet shall be set back a minimum of 10 feet from the property line, unless an easement limits the ability to place the accessory structure that close to the property line.
(b)
A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(c)
Accessory structures shall not be located within a front yard nor within any yard required to be equal in width to a front yard along a street on a corner lot.
(4)
Recreational vehicles. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such a use, except for special occasions.
(5)
Swimming pools.
(a)
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 24 inches at the deepest or lowest point, unless a permit is first obtained from the Zoning Officer and the required plans and information are filed, together with required permit fees. Wading pools, which are exempt from the provisions of this ordinance, are those temporary pools of plastic, light metal or other light-duty material which do not exceed 24 inches in depth at the deepest or lowest point and, in addition, which are completely emptied of water when not in use.
(b)
Each pool or water area and the decking, paving or coping surrounding it or associated with it shall be located not less than the front building line and no closer than 10 feet to any property line, unless an easement limits the ability to place the swimming pool that close to the property line.
(c)
Building permits are required prior to the construction, alteration or remodeling of, or additions to, a swimming pool or other artificial water areas not specifically exempt from this ordinance. Proposed grading associated with the installation of a new pool shall be shown on all submitted permit plans.
(d)
Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. For an above ground pool, all detachable ladders shall be removed when the pool is not in use. Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
(e)
A minimum isolation distance of 10 feet shall be required between a swimming pool and any sewage disposal system.
(f)
No pool shall be located under any electrical power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
(g)
Should the owner abandon the pool, a demolition permit shall first be obtained from the Zoning Officer.
(6)
Satellite dish antennas, aerials, masts, radio and television facilities and flagpoles.
(a)
Such structures shall be set back from all property lines a distance equal to the height of the structure.
(b)
Such structures shall be anchored to the ground in accordance with building code requirements.
(c)
Such structures may have a maximum height of up to 75 feet.
(d)
The following additional regulations shall apply to satellite dish antennas:
[1]
Satellite dish antennas one meter (39.37 inches) or less in diameter are subject to the following regulations:
[a]
A satellite dish shall not be located within the front yard of a residential structure, unless the applicant demonstrates that the location of the satellite dish in the rear or side yard would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
[b]
Roof mounting.
[i]
For residential uses, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline, unless the applicant demonstrates that anchoring the antenna to the rear portion of the roof would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
[ii]
If the total height of the satellite dish antenna and mast will exceed 12 feet above the roofline, the applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds the building code requirements. This shall include documentation of the load distributions within the building's support structure.
[c]
A satellite dish antenna shall not be mounted on a chimney.
[d]
Historic properties. The location of satellite dishes on a designated or eligible historic site, building, structure or object is subject to review by the Township and other regulatory agencies having jurisdiction over said historical properties.
[2]
Satellite dish antennas greater than one meter (39.37 inches) in diameter are permitted by conditional use only, subject to the following regulations:
[a]
When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.
[b]
When separately supported, the satellite dish antenna shall be screened by staggered plantings of evergreen trees or hedges which present a solid visual barrier to any adjoining residential uses and to the street.
[c]
Historic properties. The location of satellite dishes on a designated or eligible historic site, building, structure or object is subject to review by the Township and other regulatory agencies having jurisdiction over said historical properties.
[d]
Roof mounting of any satellite dish antenna is only permitted subject to the following:
[i]
The applicant must demonstrate that anchoring the antenna to the ground would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
[ii]
A satellite dish antenna shall not be mounted on a chimney.
[iii]
If the total height of the satellite dish antenna and mast will exceed 12 feet above the roofline, the applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds the building code requirements. This shall include documentation of the load distributions within the building's support structure.
[3]
For commercial uses, for antennas greater than one meter (39.37 inches) in diameter, the applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds the building code requirements. This shall include documentation of the load distributions within the building's support structure.
[4]
Residential installations: The diameter of a satellite dish antenna shall not exceed nine feet when proposed as an accessory use to a residential use or to any use in CON, RR, R1, R2 and R3 Districts.
[5]
Commercial installations: The diameter of a satellite dish antenna shall not exceed 23 feet when proposed as an accessory use to any use in the C1, C2 and I Districts.
B.
H2 Accessory uses. The following shall be allowed as an accessory to a principal dwelling, within the following requirements:
(1)
Parking.
(a)
Parking for motor vehicles, provided that there shall not be exterior parking of more than one commercial vehicle. A maximum of two commercial vehicles may be parked on the lot. No truck parked on the lot shall have an aggregate gross vehicle weight of greater than 14,000 pounds, unless it will be kept a minimum of 100 feet from the lot line of any other dwelling. One school bus may be parked on a residential lot if the resident is a school bus driver and is required to bring the vehicle home.
(b)
Repairs of a truck with an aggregate gross vehicle weight of over 14,000 pounds shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her relative shall not occur on a residential lot.
(2)
Yard sales.
(a)
A yard sale shall not include wholesale sales or sale of new merchandise of a type typically found in retail stores.
(b)
Each dwelling may have a maximum of six garage sales in any calendar year. Each sale shall be at least one month apart. Each sale shall last a maximum of three days.
(c)
The use shall be clearly accessory to the principal use.
(d)
No outdoor storage shall be permitted when the sale is not in operation.
(e)
A Township permit shall be required.
(f)
All items shall be placed and offered for sale within the confines of the property described in the permit.
(g)
No toxic substances or alcoholic beverages shall be offered at a garage sale.
C.
H3 Agriculture, retail.
(1)
The agriculture, retail use shall be an accessory use incidental to, and at the location of, one of the following uses: agriculture, general, agriculture, intensive and nursery.
(2)
Retail sales shall be limited to products produced by the agriculture, general and/or agriculture, intensive and/or nursery uses.
(3)
Any structures erected for the agriculture, retail accessory use that are not permanent in nature shall be disassembled during seasons when products are not offered for sale.
(4)
No agriculture, retail accessory use structure shall be located closer than 50 feet from a lot line of an existing dwelling.
(5)
No agriculture, retail accessory use structure shall exceed 5,000 square feet of gross floor area.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
H4 Bus shelter.
(1)
Bus shelters shall be allowed in a all districts by right, if the shelter will be regularly served by a school bus or a regularly scheduled Monroe County Transit Authority (MCTA) bus route.
(2)
The location of any bus shelter shall be subject to approval by the Township.
(3)
A bus shelter shall have a maximum floor area of 60 square feet and be firmly anchored on concrete.
(4)
A bus shelter shall be constructed primarily using clear, shatter-resistant materials.
(5)
A bus shelter shall not obstruct a clear sight triangle.
(6)
Abandoned bus shelters must be removed within 30 days of abandonment.
E.
H5 Day-care center, exempt premises. The use shall comply with any applicable local, state and federal regulations, as amended.
F.
H6 Dwelling, accessory apartment.
(1)
Except for a dwelling, accessory apartment developed as part of a TND, all other dwelling, accessory apartments shall only be occupied by a relative of the owner-occupant of the principal dwelling unit.
(2)
Accessory apartments may contain separate cooking, sleeping, living and bathroom facilities.
(3)
There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood.
(4)
No more than one accessory apartment shall be permitted per single-family detached dwelling, per lot.
(5)
Each accessory apartment shall be registered with the Middle Smithfield Township Zoning Officer, who shall keep a record of its use to ensure compliance with this section.
(6)
Access for the accessory apartment shall be restricted to the existing access to the lot; no additional or multiple driveways will be permitted.
(7)
The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory apartment as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.
G.
H7 Homeless shelter, temporary.
(1)
The homeless shelter, temporary shall be sponsored and supervised by a government agency or a nonprofit organization.
(2)
The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements.
(3)
The applicant must prove that there are adequate sanitary facilities to serve the temporary use.
(4)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
H8 No-impact home-based business.
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted within the dwelling and may not occupy more than 25% of the habitable floor area.
I.
H9 Outside storage.
(1)
Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.
(2)
No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodplain.
(3)
Tire storage.
(a)
For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard.
(b)
Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks, and from all lot lines by a minimum of 25 feet. If tires are stored on a lot for more than six months, they shall be stored within a building or trailer.
(c)
The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.
J.
H10 Pets, keeping of (animals, domestic and animals, exotic).
(1)
A noncommercial kennel shall be established as an accessory use only.
(2)
No more than a combination of five dogs, cats or other small animals ordinarily kept by residents of each dwelling unit shall be kept under the permanent care of the occupants.
(3)
Animal shelters and runs shall not be located closer to the property line than 15 feet or the minimum yard requirement, whichever is greater.
(4)
Animals shall not be permitted to run at large.
(5)
Animal shelters and runs shall be properly cleaned and maintained to prevent the creation of any nuisance, health hazard or odor, as regulated by this chapter.
(6)
Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
H11 Recycling collection center.
(1)
Setback requirements shall meet the requirements for the principal use in the district in which it is located.
(2)
Outside storage is not allowed.
(3)
Owners of the recycling collection centers shall have a sufficient pickup schedule to insure that material does not overflow the containers provided. If material continues to overflow the containers after receiving three notices from the Township, the permit for the recycling collection center may be revoked and the recycling collection center removed at no expense to the Township.
L.
H12 accessory solar energy system ("ASES").
[Amended 12-28-2023 by Ord. No. 242]
(1)
Criteria applicable to all accessory solar energy systems:
(a)
An accessory solar energy system is permitted by right in all zoning districts as an accessory to a principal use. An accessory solar energy system may be roof-mounted or ground-mounted.
(b)
Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.
(c)
All such uses shall primarily serve on-site generation needs. If a hookup to a public or community utility system is proposed, the utility company shall provide written authorization of such arrangement by submitting a copy of the agreement to the Township.
(d)
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(e)
All electric wiring and connections from such uses shall be located underground and in accordance with the appropriate building code, as amended.
(f)
Accessory solar energy systems shall require a building permit and be accompanied by standard drawings demonstrating compliance with the building code, as amended. A ground-mounted system shall require a zoning permit.
(2)
Ground-mounted ASES:
(a)
A ground-mounted ASES shall meet the setback requirements for accessory structures.
(b)
Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting requirements of the zoning ordinance may be used.
M.
H13 Structure, temporary.
(1)
The time period of the initial permit for a temporary structure shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Extensions must be approved by the Zoning Officer. A garage or other accessory building, partial structure or temporary structure may be used for dwelling purposes subject to cooking and sanitary services being provided. Such structure or use shall be removed completely upon expiration of the permit without cost to the municipality.
(2)
The applicant shall provide the Township with plans for temporary structures to ensure: adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after the expiration of the zoning permit allowing for said temporary structures. The plans shall be reviewed by the Planning Commission and the Board of Supervisors prior to the issuance of a zoning permit for the temporary structures.
N.
H14 Use, temporary.
(1)
A "temporary use" may also be defined as a "special event" and "retail sales establishment, seasonal." Applicants shall remove all evidence of such temporary use within five business days of the end of the temporary use, and the site shall be restored to pre-use condition.
(2)
Parades and peddling are considered temporary uses.
(3)
A seasonal retail sales establishment cannot operate for more three consecutive months per year on a lot.
O.
H15 Wind energy systems.
(1)
Such accessory uses shall not be located within the front yard or within the minimum required side and/or rear yards.
(2)
Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment.
(3)
All such uses shall primarily serve on-site generation needs unless otherwise approved by the Board of Supervisors. If a hookup to a public or community utility system is proposed, electrical plans must be prepared by a Pennsylvania-licensed electrical engineer, at the applicant's expense, and submitted to the utility company and Township for approval.
(4)
All electric wiring and connections from such uses shall be located underground and in accordance with the appropriate building code, as amended.
(5)
The safety of all systems shall be certified, in writing, to the Township by a Pennsylvania-licensed professional engineer or by an authorized factory representative that the system will operate safely, without loss of structural integrity, under the following conditions:
(6)
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side or rear yards.
(7)
Windmills.
(a)
Windmills shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning district or 1.1 times the overall height of the windmill, whichever is greater.
(b)
No windmill shall be permitted with a design which permits any vane, sail or rotor blade to pass within 15 feet of the ground.
(c)
All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base.
(d)
Maximum height: none. A windmill shall not be subject to the maximum height restrictions of this ordinance, except as imposed by FAA regulations.
(e)
Building permit applications for a wind energy system shall be accompanied by standard drawings of the turbine, tower, base and footings demonstrating compliance with the building code, as amended.
§ 044-090 Short-term rental of residential dwelling units.
[Added 9-14-2017 by Ord. No. 215]
The following supplementary regulations shall apply to the short-term rental of residential dwelling units:
A.
When a residential dwelling unit use is permitted in the Conservation, Rural Reserve, R1 Residential, R2 Residential, and R3 Residential Zoning Districts ("Residential Zoning Districts"), short-term rental of the dwelling unit for residential purposes shall also be permitted, provided that the short-term rental use of the dwelling unit shall not exceed, in total, a maximum of 179 days in a calendar year. Short-term rental in excess of that limitation shall be considered a hotel/motel/inn use, which is limited to the Commercial Zoning District, and prohibited in the Residential Zoning Districts.
B.
Short-term rental of a residential dwelling unit in the Commercial and Industrial Zoning Districts shall be permitted, without a limitation on the number of days of short-term rental use in a calendar year.
C.
Short-term rental use of a dwelling unit shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations, including without limitation, other provisions of the Zoning Ordinance which would be applicable to the use of the property as a dwelling unit when not subject to short-term rental.
D.
The commencement of short-term rental activity of a dwelling unit shall be considered a change in use of the property, and shall not occur without the property owner first applying for, and receiving, a zoning permit from the Township for such change in use.