Smith Township Washington County, PA Zoning Ordinance

[Ord. 2007-2, 5/22/2007; Ord. 2008-3, 5/20/2008, § 1; Ord. 2009-6, 8/20/2009; Ord. 2010-3, 9/1/2010; Ord. 2013-1, 9/9/2013; Ord. 2015-8, 9/21/2015; Ord. No. 2018-1, 7/16/2018; Ord. No. 2023-2, 4/17/2023; Ord. No. 2024-5, 11/12/2024; Ord. No. 2025-2, 8/18/2025]

The following words and phrases shall have the particular meanings specified for the purpose of interpreting this chapter:

ACADEMIC CLINICAL RESEARCH CENTER

An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.

ACCESS

A means of providing vehicular or pedestrian ingress and egress to and from a property.

ACCESSORY SOLAR ENERGY SYSTEM (ASES)

A solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power for on-site use. An ASES consists of one or more freestanding ground-, roof-mounted, or wall-mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels. An ASES must be accessory to the principal use of the subject property.

ACCESSORY STORAGE STRUCTURE

A structure located on the same lot with the principal structure or use, that is subordinate and incidental to the principal structure or use of the property, including lawn and garden sheds accessory to a dwelling, a cooler accessory to a food store, a lean-to or shed accessory to a commercial or industrial building, but excluding any motorized vehicle, whether immobilized or not, and any trailer or mobile home, except a construction trailer authorized by § 1207 of this chapter.

ACCESSORY USE OR STRUCTURE

A use or structure, located on the same lot with the principal use or structure, that is subordinate and incidental to the principal structure or use of the property and that may occupy a separate structure and/or area on or in the ground, including but not limited to storage sheds, garages, swimming pools, decks, fences, patios and similar structures.

ADULT ARCADE

Any place where the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players or other image-producing devices not located within viewing booths are maintained to show images to five or fewer persons per machine at any one time and where the images displayed are distinguished or characterized by the depicting or describing of nudity, specified sexual activities or specified anatomical areas, as defined herein.

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

A commercial establishment that, as one of its substantial business activities, offers for sale or rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, CD ROM discs or other computer software, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

ADULT BUSINESS

A sexually oriented business, including an adult arcade, adult bookstore, adult novelty store or adult video store, adult cabaret, adult live theater, adult mini motion-picture theater, adult motion-picture theater, adult motel, escort agency, nude model studio or sexual encounter center.

ADULT CABARET

A nightclub, bar, restaurant or other commercial establishment that regularly features:

Persons who appear in a state of nudity or semi-nudity;

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, videocassettes, slides or other photographic reproductions or visual presentations of any other kind that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT LIVE THEATER

Any theater, concert hall, dance hall, auditorium or similar commercial establishment that regularly features live shows for public viewing in which all or some of the performers appear in a state of nudity or semi-nudity or live performances characterized by the exposure of specified anatomical areas or by specified sexual activities, as defined herein.

ADULT MINI MOTION-PICTURE THEATER

A completely enclosed building, as defined herein, with a capacity for accommodating fewer than 50 persons, where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions or visual presentations of any kind are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel or motel presenting adult motion pictures by means of closed-circuit television, the material being presented having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, specified sexual activities or specified anatomical areas, as defined herein.

ADULT MOTION-PICTURE THEATER

An enclosed building, with a capacity for accommodating 50 or more persons, where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions or visual presentations of any kind are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

AGRICULTURE

The science and art of farming, the work of cultivating the soil, producing crops and livestock.

AIRPORT

A place licensed by the Pennsylvania Department of Transportation, Bureau of Aviation, where fixed-wing aircraft land and take off on designated and/or improved runways, including hangars and facilities for refueling and repair and that may include accommodations for passengers.

AISLE

A paved area, of a minimum width specified by this chapter, that provides direct access to one or two rows of parking spaces and connects those parking spaces with the driveways that provide circulation through a parking area.

ALTERATION

See "structural alteration."

ANIMAL HOSPITAL

An establishment for the medical or surgical treatment of animals, including the boarding of hospitalized animals. An animal hospital shall not board or treat exotic animals and shall be subject to all State and Federal regulations.

APARTMENT IN COMBINATION WITH BUSINESS

A dwelling unit located in the same building with an office and/or retail business.

ARTERIAL STREET

See "street, arterial."

ASSEMBLY HALL

A room, hall or building used for lectures, meetings and gatherings, other than a religious convocation.

AUTOMOBILE SERVICE STATION

See "service station, automobile."

BANKS AND FINANCIAL INSTITUTIONS

Any institution that lends money or is engaged in a finance-related business, including but not limited to a bank, savings and loan association, mortgage or finance company or similar institution.

BAR or TAVERN

A business that sells alcoholic beverages for consumption on the premises as the principal use and that may offer food for consumption on the premises as an accessory use.

BATTERY ENERGY STORAGE SYSTEM

A type of energy storage solution that can provide backup power for microgrids and assist in load leveling and grid support. Battery energy storage systems are prohibited from using lithium or lithium-ion batteries. Hydrogen production and/or storage is also prohibited.

BED-AND-BREAKFAST

A dwelling that is the principal residence of the operator where no more than four sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast.

BEER DISTRIBUTOR

A commercial business licensed by the Commonwealth to sell beer in quantity entirely for off-premises consumption.

BILLBOARD

Any off-premises sign with a changeable advertising face that advertises an establishment, person, activity, product or service that is unrelated to or not available on the premises on which the sign is located.

BOARDING STABLE

The keeping of horses and ponies owned by persons other than the owner of the stable or the rental of horses owned by the owner of the stable for a fee or other form of compensation. (See also "riding academy.")

BOARD OF SUPERVISORS

The Board of Supervisors of the Township of Smith, Washington County, Pennsylvania.

BUFFER AREA

A landscaped area, of a certain depth specified by this chapter, that shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material and that shall consist of a mix of types and sizes of plant material that, within three years of planting, meets the standard of providing a compact year-round visual screen at least six feet in height or an existing natural barrier, such as vegetation and/or topography, that duplicates the effect of the required buffer area.

BUILDING

Any structure having enclosing walls and roofs and having a permanent location on the land. (See also "completely enclosed building.")

BUILDING AREA

The total of areas taken on a horizontal plane at the finished grade level of the principal building and all accessory buildings, excluding one-story uncovered porches, bay windows, balconies, terraces and steps.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINE, FRONT

A line parallel to or concentric with the front lot line, the minimum measurement of which is the front yard depth required by this chapter.

BUILDING, PUBLIC

See "public building."

BUILDING SPACING

The minimum distance between two buildings on the same lot, measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters that project beyond the wall of the building no more than two feet.

BUSINESS OR PROFESSIONAL OFFICES

Any office of recognized professions, such as doctors, lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature, and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.

BUSINESS SERVICES

Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature, and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.

CAREGIVER

The individual designated by a patient to deliver medical marijuana.

CAR WASH

A facility, whether automatic, semiautomatic or manual, for washing and polishing of vehicles.

CARPORT

A structure to house or protect motor vehicles, that is open to the weather for at least 40% of the total area of its sides.

CEMETERY

Property used for interring of dead persons or domestic pets, including mausoleums and columbariums, but not including crematoriums or family plots.

CERTIFICATE OF OCCUPANCY

A document issued by the Zoning Officer indicating that a premises for which a building permit and/or a zoning certificate has been issued is ready for occupancy and is in compliance with the provisions of this chapter and the Uniform Construction Code, if applicable.[1]

CERTIFIED MEDICAL USE

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth.

CHURCH

Any structure or structures used for worship or religious instruction, including social and administrative rooms and day nurseries accessory thereto, but not including any activity conducted for profit, including chapels cathedrals, temples, synagogues and the like.

CLEAR SIGHT TRIANGLE

A triangular area of unobstructed vision at the intersection of two streets or of a driveway and a street, defined by line of sight a given distance from the intersection of the center lines of two streets or the center lines of the driveway and the street. (See illustration in Appendix A.[2])

CLINICAL REGISTRANT

An entity that:

Holds a permit, both as a grower/processor and a dispensary; and

Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.

CLUB, PRIVATE

See "private club."

COLLECTOR STREET

See "street, collector."

COMMERCIAL RECREATION

See "recreation, commercial."

COMMERCIAL SCHOOL

See "school, commercial."

COMMON OPEN SPACE

An area of land or body of water or a combination thereof within a development site for the use and enjoyment of the residents of a development, including stormwater management facilities, but not including streets, off-street parking areas and other areas set aside for facilities for the general public.

COMMUNICATIONS ANTENNA

Any structure designed for transmitting or receiving wireless communications of video, voice, data and similar transmissions, including but not limited to omnidirectional or whip antennas, directional or panel antennas and satellite or microwave dish antennas that may be mounted on an existing building, an existing public utility storage or transmission structure or an existing communications tower, excluding transmission and receiving devices licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens.

COMMUNICATIONS EQUIPMENT BUILDING

A manned or unmanned structure that contains the equipment necessary to maintain and operate communications antennas and that covers an area on the ground in excess of 200 square feet.

COMMUNICATIONS EQUIPMENT CABINET

An unmanned structure that contains the equipment necessary to maintain and operate communications antennas and that covers an area on the ground of no more than 200 square feet.

COMMUNICATIONS TOWER

Any structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guyed towers and one or more of the following mounts for antennas: rotatable platform, fixed platform, multi-point or side-arm mounts and pipe mounts for microwave dish antennas.

COMPLETELY ENCLOSED BUILDING

A building designed and constructed so that all exterior walls shall be solid from the ground to the roofline, containing no openings except for windows and doors that are designed so that they may be closed and any other small openings required for the ventilation system.

COMPRESSOR

A device used alone or in series to raise the pressure of natural gas and/or by-products to create a pressure differential to move or compress a liquid, vapor or gas.

CONCENTRATED FEED LOT

An agricultural operation where farm animals are kept at a much higher ratio of animals per acre than animals that are pastured and where animals are fed a regimented diet until ready for slaughter.

CONDITIONAL USE

A use authorized by this chapter that may be granted only by the Board of Supervisors following review by the Planning Commission and a public hearing, subject to express standards and criteria contained in this chapter.

CONSTRUCTION TRAILER, TEMPORARY

A structure designed, used or constructed to provide temporary offices for construction supervision on the site of an approved subdivision or land development during the time that a valid building permit or grading permit is in effect.

CONTRACTING BUSINESS

The administrative offices of a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis and that may include the storage of materials, equipment and vehicles, provided that all materials, equipment and vehicles are stored within a completely enclosed building, as defined herein.

CONTRACTOR'S YARD

An establishment, that may or may not include administrative offices, for a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis but that involves the storage, either indoors or outdoors, of materials, equipment and vehicles used in the business.

CONVENIENCE STORE

A retail store selling food products and household supplies for the convenience of the neighboring population.

CORNER LOT

A lot at the intersection of and fronting on two or more street rights-of-way.

COUNTY

Washington County, Pennsylvania.

COVERAGE

See "lot coverage."

DATA CENTER

A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer systems and associated components, such as telecommunications and storage systems, including but not limited to power supplies, data communications connections, environmental controls (e.g., air conditioning, fire suppression), and security devices.

DATA CENTER ACCESSORY USE

Systems, equipment, facilities, and/or components used in the cooling system, including fans, blowers, water or other liquid cooling pumps, power supply systems, including electrical substations, transformers, fuel cells, generators, and similar systems and components, telecommunication, cloud communication, and mechanical or environmental controls when used in the support or enabling of a data center.

DATA CENTER EQUIPMENT (DCE)

Data center equipment or DCE includes data center accessory uses, which in an unmuffled state generate noise in excess of the permitted maximum dB(A) at the point of generation. DCE shall be accessory to the data center and be located on the same tract or assemblage of adjacent parcels developed as a unified development for a data center.

DAY-CARE CENTER

A facility, licensed by the Commonwealth, located within a building that is not used as a dwelling unit, for the care, on a regular basis, during part of a twenty-four-hour day, of children under the age of 16 or handicapped or elderly persons.

DAY-CARE HOME

See "family day-care home."

DECOMMISSIONING COST

The estimated cost to decommission the principal solar energy system and restore the project parcels.

DENSITY, DWELLING UNIT

The number of dwelling units per acre of land area.

DEPTH OF LOT

See "lot, depth of."

DIRECT VEHICULAR ACCESS

A curb cut on or a private driveway leading directly to a public street right-of-way. In the case of the requirement for direct vehicular access to an arterial or collector street, the point of access shall be onto the arterial or collector street without traversing any other public street right-of-way.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.

DISTRICT

See "zoning district."

DOMESTIC PETS

Animals or birds customarily found in a dwelling and kept for company or pleasure, including dogs and cats, provided that there is not a sufficient number to constitute a kennel, as defined herein, hamsters, gerbils, parakeets, canaries, and similar small animals or birds, but not including any exotic animals such as lions, tigers, bears, ocelots or other feral cats, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo, nor any horses, pigs, chickens or other fowl or livestock customarily found on a farm.

DRILLING

Any digging or boring of a new well or reworking of an existing well to explore, develop or produce oil, gas or other hydrocarbons or to inject gas, water or any other fluids or substances into the earth.

DRILLING EQUIPMENT

The derrick, all parts and appurtenances to such structure and every piece of apparatus, machinery or equipment used, erected or maintained in connection with oil and gas drilling, as defined herein.

DRIVEWAY

A private vehicular way providing access between a street and a parking area or garage located on a lot.

DRIVE-THROUGH FACILITY

Any principal use or accessory use that involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including but not limited to drive-in or drive-through windows at fast-food restaurants, banks or other businesses, exterior automated teller machines (ATMs), quick oil-change facilities, car washes and similar automotive services and other such facilities.

DWELLING

A building designed exclusively as living quarters for one or more families, including single-family, two-family and multifamily dwellings, but not including hotels, motels or boardinghouses.

DWELLING TYPES

The following dwelling types are included in this chapter:

SINGLE-FAMILY DWELLING

a detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit. (See also "modular dwelling.")

TWO-FAMILY DWELLING

a residential building that is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.

TRIPLEX

a multifamily residential building designed exclusively for occupancy by three families living independently of each other, containing three dwelling units, each having independent access directly to the outside and having no other units above or below.

QUADRUPLEX

a multifamily residential building designed exclusively for occupancy by four families living independently of each other, containing four dwelling units, each having independent access directly to the outside and having no other unit above or below.

MULTIFAMILY DWELLING

a residential building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units, including triplexes, quadruplexes, garden apartments and townhouses.

GARDEN APARTMENT

a multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.

MODULAR DWELLING

a single-family dwelling that is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania and shall be at least 20 feet wide for the entire length when assembled. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided that they are installed on a permanent foundation and connected to all available utilities.

PERSONAL-CARE BOARDING HOME

a dwelling, licensed by the Commonwealth, where room and board are provided to more than three permanent residents who are not relatives of the operator and who are mobile or semi-mobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.

TOWNHOUSE

a multifamily residential building no more than two and one-half stories in height that contains at least five but no more than eight dwelling units, each of which is separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.

DWELLING UNIT

Two or more rooms designed for or occupied by one family only and containing sleeping facilities, cooking and food storage facilities, and, in a separate room, toilet and tub or shower, with hot and cold water supply, all for the exclusive use of the family occupying the dwelling unit.

DWELLING UNIT DENSITY

See "density, dwelling unit."

EASEMENT

A grant of the specified use of a parcel of land to the public, a corporation or a person in which no permanent structures shall be permitted without the permission of all parties having rights to the easement.

EFFECTIVE DATE

The date on which this chapter is duly adopted by the Township or as specified in the chapter so adopted.

EQUESTRIAN CENTER

Any facility that includes a boarding stable, as defined herein, where more than 50 horses are boarded or kept or any facility, regardless of the number of horses that are boarded or kept, that includes a riding academy with an outdoor riding ring or an indoor or outdoor arena where instruction is provided using horses that are not kept or boarded on the premises and/or where invitational shows and competitions are held that are open to horse owners that do not board or keep their horses on the premises and which may or may not include spectator seating to accommodate the general public.

EROSION

The removal of surface materials by the action of natural elements.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts, as one of its primary business purposes, for a fee, tip or other consideration.

ESSENTIAL SERVICES

The provision, by continuous conduit of distribution and collection systems by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of Smith Township, of underground or overhead gas, electrical, telephone, steam, or water lines, sewers, fire alarm boxes, traffic signals, hydrants, cable TV (not including towers) and accessories in connection therewith, reasonably necessary to furnish adequate services within Smith Township to the general public.

FAMILY

An individual, or two or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests thereof, or a group of not more than three unrelated persons living together without supervision in a dwelling unit, or a group of not more than eight persons, protected by the provisions of the Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter amended), living together in a group living arrangement with supervision, provided that those persons do not have a criminal record. "Family" shall not include persons living together in a group-care facility, personal-care boarding home or transitional dwelling, as defined herein, or any other supervised group living arrangement for persons other than those protected by the Fair Housing Act or persons who constitute a direct threat to others or their physical property.

FAMILY DAY-CARE HOME

A facility, licensed or approved by the Commonwealth, as required by the laws of the Commonwealth, located within a dwelling, for the care on a regular basis during part of a twenty-four-hour day of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes.

FARM

A site of 10 acres or more used for the pursuit of agriculture, as defined herein.

FAST-FOOD RESTAURANT

See "restaurant, fast-food."

FEED LOT

See "concentrated feed lot."

FENCE or WALL

A structure designed for the purpose of enclosing space or separating parcels of land. The term "fence or wall" shall not include retaining walls that are designed and approved in accordance with the Township Grading Ordinance.[3]

FINANCIAL INSTITUTION

See "banks and financial institutions."

FINANCIAL SECURITY

Shall be in a form consistent with the requirements of the Pennsylvania Municipalities Planning Code and is subject to review and approval by the Township Solicitor.

FLOODPLAIN

Areas adjoining any river, stream, pond or lake subject to the one-hundred-year-recurrence-interval flood, as delineated by the U.S. Army Corps of Engineers, or subject to erosion caused by a one-hundred-year-recurrence-interval flood, as well as any areas identified in the future by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines, subject to the review and approval of a professional engineer selected by the Township.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building, measured between exterior faces of walls.

FLOOR AREA, NET

The total floor area of a building designed for tenant occupancy, or areas accessible to the customers, clients or general public, but excluding storage areas, equipment rooms, food preparation areas in a restaurant and common areas such as halls, corridors, stairwells, elevator shafts, restrooms, interior vehicular parking and loading areas and similar common areas, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls.

FORESTRY

The management of forests and timberlands, when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, that does not involve any land development.

FORM OF MEDICAL MARIJUANA

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana.

FRONT BUILDING LINE

See "building line, front."

FRONT LOT LINE

See "lot line, front."

FRONT YARD

See "yard, front."

FUNERAL HOME

A building used for the embalming of the deceased for burial, but not including cremation, and for the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE

An accessory structure or a portion of the principal building, enclosed on not less than three sides, not being accessible to the general public, and designed or used for shelter or storage of private vehicles and personal property of the occupants of the principal building.

GARAGE, PUBLIC PARKING

See "public parking garage."

GARAGE, VEHICLE REPAIR

See "vehicle repair garage."

GARDEN APARTMENT

See Subsection F under "dwelling types."

GARDEN NURSERY

A retail establishment that sells flowers, plants, trees and other natural flora and products that aid their growth and care and that may include a greenhouse or the growing of plant material outside on the lot.

GOLF COURSE

A recreational facility that has a course, with a minimum of nine regulation-size holes, for playing golf as its principal use and that may have a clubhouse, locker rooms, restaurant, swimming pool, pro shop, facilities for racquet sports, maintenance facilities and similar facilities as accessory uses. (For miniature golf courses, see "recreation, commercial.")

GREENHOUSE

The indoor raising of plants, shrubs and trees for sale and transplantation.

GROSS FLOOR AREA

See "floor area, gross."

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.

HEALTH CLUB

A commercial recreational enterprise or private club that has as a principal use a gymnasium, swimming pool or other sports facility and that may offer massages, whirlpool baths, steam rooms, saunas and/or medical facilities as accessory uses to the principal use.

HEAVY MANUFACTURING

See "manufacturing, heavy."

HEIGHT OF BUILDING

See "building height."

HEIGHT OF SIGN

The vertical distance measured from the average elevation of the finished grade around the sign to the highest point on the sign and its supporting structures, including the foundation of the sign if it is elevated above the ground level.

HEIGHT OF STRUCTURE

The vertical distance measured from the average elevation of the finished grade around the structure to the highest point on the structure.

HELIPAD

See "private-use helipad."

HOME-BASED BUSINESS, NO-IMPACT

See "no-impact home-based business."

HOME GARDENING

The growing of flowers, plants or vegetables for consumption by the persons residing on the premises, including backyard composting for personal use.

HOME OCCUPATION

An accessory use of a service character, other than a no-impact home-based business, conducted entirely within a dwelling by the residents thereof, which use is clearly secondary to the use of the dwelling for living purposes and does not, in any way, change the character of the dwelling.

HOSPITAL

An establishment licensed by the Commonwealth for the care of human patients suffering from physical or mental illnesses and that may or may not include facilities for major surgery and that may be publicly or privately operated.

HOSPITAL, ANIMAL

See "animal hospital."

HOTEL

See "motel/hotel."

IDENTIFICATION CARD

A document issued by the DOH that permits access to medical marijuana.

INDOOR AMUSEMENT

A theater, arena, bowling alley, pool hall, skating rink or similar cultural or recreational facility located within a completely enclosed building, as defined herein, excluding those facilities that are accessory to a church or school.

JUNKYARD

Any premises devoted wholly or in part to the storage, buying or selling, salvaging, recycling or otherwise handling or dealing in scrap metals, building materials, scrapped or used appliances or other household goods, fixtures, vehicles and vehicle parts, machinery and machinery parts or other forms of discarded materials.

KENNEL

A structure and/or premises where one or more dogs or cats, who are six months or older that are not owned by the property owner, or where four or more dogs or cats, who are six months or older that are owned by the property owner, are kept, bred, trained or boarded at any one time, whether for profit or not.

LAKES AND PONDS

Natural or artificial bodies of water that retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than permanent pool if there is any difference. Lakes are bodies of water two or more acres in surface area; ponds are bodies of water less than two acres in surface area.

LAND DEVELOPMENT

The improvement of one lot or two or more contiguous lots, tracts or parcels for any purpose involving:

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively;

A single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;

Any change of use or structural alteration that results in an increase in total lot coverage by structures and/or paving; or

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

LAND DEVELOPMENT PLAN

A plan, prepared in accordance with the application requirements of the Township Subdivision and Land Development Ordinance, for approval of a land development, as defined herein.[4]

LANDFILL

Any site licensed by the Pennsylvania Department of Environmental Protection (PA DEP) for the disposal of solid waste, other than hazardous waste, as defined and regulated by Federal statute.

LANDING STRIP

See "private landing strip."

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LANDSCAPING PLAN

A plan, prepared by a person knowledgeable in the characteristics of plant materials and the proper techniques for installing and maintaining them, including a registered architect or landscape architect or a member of the American Nurserymen's Association, identifying each tree and shrub by size, type and scientific name; the location of each, including a planting diagram; and such other diagrams or reports as are necessary to show the method of planting, staking and mulching, grass seeding specifications and mixtures and existing trees to be preserved, if any.

LANDSLIDE SUSCEPTIBILITY

Areas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-made activity.

LAUNDROMAT

A retail business equipped with a number of individual clothes-washing machines and clothes dryers and that may include individual dry-cleaning machines for use by the general public, excluding laundry facilities provided as an accessory use in a multifamily residential building.

LIGHT MANUFACTURING

See "manufacturing, light."

LIVESTOCK

Any member of the bovine or equine species and other animals customarily found on a farm, including but not limited to cows, steers, horses, ponies, mules, donkeys, llamas, alpacas, sheep, goats, pigs, chickens, peacocks and other fowl or game animals raised for profit.

LOADING SPACE

An area within a principal building, or on the same lot with the principal building, designed in accordance with the requirements of this chapter and used for the standing, loading or unloading of tractor-trailer trucks and other vehicles.

LOCAL STREET

See "street, local."

LOT

A designated parcel, tract or area of land established by a plat, or otherwise as permitted by law, to be used, developed or built upon as a unit.

LOT AREA

The total area within the lot lines, excluding the area within any street right-of-way.

LOT, CORNER

See "corner lot."

LOT COVERAGE

That percentage of the lot area covered by the principal building or buildings and all accessory buildings and structures, including but not limited to decks, swimming pools, storage sheds, garages and similar structures.

LOT, DEPTH OF

The mean distance from the street right-of-way line to its opposite rear lot line, generally measured parallel to the side lot lines.

LOT FRONTAGE

That portion of the lot that adjoins the street right-of-way or through which access is provided to a public street.

LOT LINE

A line of record bounding a lot that divides one lot from another lot or from a public or private street or other public space.

LOT LINE, FRONT

That lot line that is contiguous with the street center line or the street right-of-way line. In the case of a lot that has no frontage on a street, the front lot line shall be the lot line through which vehicular access is provided, regardless of which way the dwelling faces.

LOT LINE, REAR

That lot line that is generally opposite the front lot line.

LOT LINE, SIDE

Any lot line that is not a front lot line or rear lot line.

LOT OF RECORD

Any lot that, individually or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of Washington County.

LOT, PUBLIC PARKING

See "public parking lot."

LOT WIDTH

The straight-line distance between the point of intersection of the front building line with the side lot lines.

MANUFACTURING, HEAVY

The mechanical or chemical transformation of raw materials or substances into new products or other raw materials or any manufacturing process not included in the definition of "light manufacturing."

MANUFACTURING, LIGHT

The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, water pollution, fire hazard or noxious emissions that will disturb or endanger neighboring properties. Light manufacturing includes but is not limited to the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, and food products, not including animal slaughtering, curing or rendering of fats and similar activities.

MEDIATION

A voluntary negotiating process in which parties to a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement that the parties themselves create and consider acceptable.

MEDICAL CLINIC

Any establishment, including mobile diagnostic units, where human patients receive medical, dental, chiropractic, psychological and surgical diagnosis, treatment and counseling under the care of a group of licensed medical doctors and dentists and their supporting staff, where said patients are not provided with board or room or kept overnight on the premises.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.

MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE

Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.

MEDICAL MARIJUANA LABORATORY

A laboratory that submits an application to the Department for approval to identify, collect, handle and test medical marijuana and other items used by a medical marijuana organization in the growing, processing or dispensing of medical marijuana as required under the act and this part for the Department or a grower/processor.

MEDICAL MARIJUANA ORGANIZATION OR FACILITY

A dispensary or a grower/processor of marijuana for medical purposes.

MEDICAL OFFICES

One or more administrative offices of individual doctors, dentists, chiropractors or other medical practitioners and their supporting staffs where human patients receive diagnosis, treatment and counseling.

MINERAL EXTRACTION

The removal of any mineral for sale or other commercial purpose that involves excavation of the surface of the earth or any other exposure of the mineral or subsurface of the earth to wind, rain, sun or other elements of nature. The term "mineral" includes but is not limited to anthracite and bituminous coal, lignite, including mining activities carried out beneath the surface of the earth by means of shafts, tunnels or other underground mine openings, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral sources.

MINI-WAREHOUSE OR SELF-STORAGE FACILITY

A building or group of buildings in a controlled-access and fenced compound that contains various sizes of individual, compartmentalized and controlled-access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.

MOBILE HOME

A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, that arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembling operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land that have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

MOBILE HOME SALES, SERVICE AND STORAGE

An establishment engaged in the retail sales of mobile homes, including the servicing and on-site storage of mobile homes offered for sale.

MODEL HOME

The temporary use of a dwelling unit in an approved plan that is under construction for the purposes of marketing dwelling units to be constructed.

MODULAR DWELLING

See Subsection G under "dwelling types."

MOTEL/HOTEL

An establishment that offers transient overnight lodging accommodations to the general public and that also may provide additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.

MULTIFAMILY DWELLING

See Subsection E under "dwelling types."

MUNICIPALITIES PLANNING CODE (MPC)

Act of 1968, P.L. 805, No. 247, as reenacted and amended (53 PS § 10101 et seq.)

NATURAL GAS COMPRESSOR STATION

A facility, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment, designed and constructed to collect and compress natural gas that originates from one or more natural gas well sites.

NATURAL GAS PROCESSING FACILITY

A facility that receives natural gas and associated hydrocarbons from a gathering line system serving one or more well sites that compresses, condenses, pressurizes or otherwise treats natural gas and which removes or separates materials such as ethane, propane, butane and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, including but not limited to cooling facilities, storage tanks and related equipment and facilities.

NET FLOOR AREA

See "floor area, net."

NIGHTCLUB

A restaurant, or portion thereof, or any other establishment serving food and/or drink, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises, that offers, on a monthly or more-frequent basis, live entertainment on a stage or bandstand and/or dancing to music, either live or recorded, and that has a maximum permitted occupancy authorized by the Uniform Construction Code (UCC) of 50 or more persons.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

NONCOMMERCIAL RECREATION

See "recreation, noncommercial."

NONCONFORMING LOT

Any lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING SIGN

Any sign that was lawfully erected and maintained prior to the adoption or amendment of this chapter that fails to conform to all applicable regulations and restrictions of this chapter.

NONCONFORMING STRUCTURE

A structure or part of a structure that does not comply with the applicable area and bulk provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or an amendment thereto, or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of a structure, that does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or an amendment thereto or prior to the application of this chapter or amendment to its location by reason of annexation.

NUDE MODEL STUDIO

Any place where a person appears semi-nude or in a state of nudity or displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or a structure:

Where no sign is visible from the exterior of the structure and there is no other advertising that indicates a nude or semi-nude person is available for viewing;

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

Where no more than one nude or semi-nude model is on the premises at any one time.

NUDITY or a STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.

NURSING HOME

An institution licensed by the Commonwealth for the care of human patients requiring skilled nursing or intermediate nursing care, but not including facilities for major surgery or care and treatment of drug or alcohol addiction.

OFFICES

See "business or professional offices."

OIL AND GAS DEVELOPMENT, DRILLING AND RELATED OPERATIONS

	ACCESS ROAD — Ingress and egress from a Township or state road providing private access to an oil and gas operation and related operations.
	APPLICANT — An individual, corporation, or entity that fills out the application.
	CERTIFIED MODULAR LARGE-VOLUME TANKS (MLVTs) — For the purposes of this chapter, MLVTs include any aboveground, fully enclosed tank field assembled from multiple uniform factory prepared components which provides primary containment for 100,000 barrels or more of fluids. By this definition, MLVTs are typically field assembled on an oil and gas location for temporary use or are dismantled for movement to a different location following their use. This shall include modular large-volume tanks that meet American Water Works Association (AWWA) standards or standards deemed to be acceptable by the Township.
	CERTIFIED SMALL TEMPORARY WATER FACILITIES — An aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute, ASTM International, the American Society of Mechanical Engineers, or the American Water Works Association and used to support hydraulic fracturing operations for four months or less during a twelve-month period. Certified small temporary water facilities shall not include regular trucking of fluids to or from the storage containers.
	CERTIFIED WATER STORAGE FACILITIES, LARGE — An aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute, ASTM International, the American Society of Mechanical Engineers, or the American Water Works Association and used to hold over 100,000 barrels of freshwater and/or reuse water for use in oil and gas development.
	CERTIFIED WATER STORAGE FACILITIES, MEDIUM — An aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute, ASTM International, the American Society of Mechanical Engineers, or the American Water Works Association and used to hold between 10,000 barrels to 100,000 barrels of freshwater and/or reuse water for use in oil and gas development.
	CERTIFIED WATER STORAGE FACILITIES, SMALL — An aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute, ASTM International, the American Society of Mechanical Engineers, or the American Water Works Association and used to hold less than 10,000 barrels of freshwater and/or reuse water for use in oil and gas development.
	COMPRESSOR — A device that raises the pressure of natural gas and/or by-products. Compressors are any devices that create a pressure differential to move or compress vapor or a gas. Any such device used alone or in series to adequately move a vapor or a gas is considered a compressor.
	COMPRESSOR STATION — A facility designed and constructed to compress natural gas that originates from a single well site or a collection of well sites and to remove water or water vapor from the natural gas, which operates as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, processing plant or underground storage field, including one or more natural gas, electric compressors, associated buildings, pipes (other than regulated or unregulated local distribution system, gathering system or transportation lines served by the compressor station), valves, tanks and other equipment.
	CONVENTIONAL WELL — A conventional gas well, also known as a "traditional well," is a well that produces oil or gas from a conventional formation. Conventional formations are variable in age, occurring both above and below the Elk Sandstone. While a limited number of such gas wells are capable of producing sufficient quantities of gas without stimulation by hydraulic fracturing, most conventional wells require this stimulation technique due to the reservoir characteristics in Pennsylvania. Stimulation of conventional wells, however, generally does not require the volume of fluids typically required for unconventional wells.
	DEP — The Pennsylvania Department of Environmental Protection (DEP), the commonwealth agency responsible for overseeing and administering environmental laws and regulations within Pennsylvania.
	DRILLING — Any digging or boring activity of a new well or the reworking of an existing well to explore, develop or produce oil, gas or other hydrocarbons or to inject gas, water or any other fluids or substances into the earth.
	EXPLORATION — Temporary geologic or geophysical activities such as drilling in context with the zoning definition in this chapter, including seismic surveys related to the search for natural gas or other subsurface hydrocarbons.
	EXTRACTION — The act or process of separating, obtaining or removing a substance, such as a mineral, including but not limited to coal, sulfur, petroleum, oil and/or gas, and including oil and gas development.
	FLOWBACK — The process of flowing a completed/fractured well for the purposes of recovering water and residual sand from the gas stream prior to sending gas down a sales line.
	FRESHWATER — Any water obtained from a water purveyor or portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Freshwater does not include exploration and production fluids such as produced water, flowback fluids, or reuse water.
	HYDRAULIC FRACTURING — The process of injecting water, customized fluids, sand, steam, gas or other agents into a gas well under pressure to improve gas recovery.
	IMPOUNDMENT — A facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with synthetic materials, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. The term includes holding, storage, settling and aeration pits, ponds and lagoons. The term does not include injection wells.
	MINERAL EXTRACTION — Any extraction of any mineral for sale or other commercial purpose that involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun or other elements of nature. The term "mineral" includes, but is not limited to, anthracite and bituminous coal, lignite, including mining activities carried out beneath the surface of the earth by means of shafts, tunnels, other underground mine openings, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral resources.
	NATURAL GAS LIQUIDS (NGL) — Components of natural gas that are liquid at the surface of in-field facilities or in processing plants. Natural gas liquids can be classified according to their vapor pressures as low (condensate), intermediate (natural gasoline) and high (liquefied petroleum gas) vapor pressure. Natural gas liquids include ethane, propane, butane, pentane, hexane and heptanes. The term is commonly abbreviated as NGL.
	OIL AND GAS — Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other liquid hydrocarbons, constituents or similar substances that are produced by drilling an oil or gas well.
	OIL AND GAS DEVELOPMENT — The well site preparation, well site construction, drilling, hydraulic fracturing and/or site restoration associated with an oil and/or gas well of any depth; water and other fluid storage, impoundment located on the same parcel as a well site; and the installment and use of all associated equipment, including tanks, meters and other equipment and structures, whether permanent or temporary. This also includes the site preparation, construction, installment, maintenance and repair of other equipment and activities associated with the exploration for and production of oil and gas. This does not include oil and gas pipelines, compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities that are only authorized consistent with the Smith Township Zoning Ordinance as a conditional use.
	OIL AND GAS PIPELINES — All parts of those physical facilities regulated by federal, state or local agencies such as PHMSA, the Pennsylvania Department of Environmental Protection and/or the Federal Energy Regulatory Commission through which oil and/or natural gas moves in transportation, including pipe, valves, and other appurtenances attached to pipes, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.
	OPERATOR — Any person, partnership, company, corporation, and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, developing or transporting oil or gas.
	PHMSA — The Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation, which regulates the design and installation of pipelines.
	PIPELINE — All parts of those physical facilities through which gas, hazardous liquids, freshwater, salt water, or chemicals move in transportation, including but not limited to pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the Township, including, but not limited to, gathering lines, production lines, and transmission lines.
	PROCESSING PLANT — A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil, or naturally occurring liquids from the natural gas, including dew point control facilities. When used in this chapter, the term shall include any similar facilities performing the equivalent or similar functions.
	PROTECTED STRUCTURE — Any residential subdivision plan consisting of five of more houses that adjoins a well site and any hospital, school, cemetery, religious institution, public park, public playground or other public building located within 1,500 feet of an oil and gas development site.
	PUBLIC UTILITY INSTALLATION/SUBSTATION(S) — Any administrative building, maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential services, as defined herein, other than the general transmission distribution system provided by public utilities, regulated by the Public Utilities Commission (PUC) that is used to power, provide transmission lines, switching facilities or similar facilities to any oil and gas drilling, development or related activities.
	REENTRY DRILLING — The addition of wells at a Township-approved well site after the previously approved oil and gas development was completed and the site was reclaimed.
	REENTRY-RELATED OPERATIONS — The conduct of any related operations at a Township-approved site that were not included in a previous approval (permitted or conditional).
	RELATED OPERATIONS — The activities and operations that are ancillary to oil and gas drilling, such as processing plants, compressor stations, certified water storage (small, medium, large and MLVTs), temporary work and bunk trailers, storage depots, traffic control sites and truck staging areas.
	RESIDUAL WASTE — Residual waste is nonhazardous industrial waste. It includes waste material (solid, liquid or gas), impaired fluids and flowback produced by industrial, mining and agricultural operations. It excludes certain coal mining wastes and wastes from normal farming activities.
	REUSE WATER — Any water that has been used for drilling or completing an unconventional well.
	STORAGE DEPOT — A permanent off-street facility designed as a point for collection and/or storage of materials, supplies, equipment, and/or other solid by-products from oil and gas development.
	TRAFFIC CONTROL SITES — An area used as a stopping place or assembly point designed to accommodate trucks during their course of travel to an oil and gas development and intended to be used for four months or less during a twelve-month period. This definition does not include the transfer of loads to, from or between trucks.
	TRUCK STAGING AREA — An off-street facility used for the transfer of loads to, from or between trucks for oil and gas development or a traffic control site intended to be used for more than four months out of a twelve-month period pursuant to a stand-alone agreement with the property owner.
	UNCONVENTIONAL WELL — An unconventional gas well is a well that is drilled into an unconventional formation, which is defined as a geologic shale formation below the base of the Elk Sandstone or its geologic equivalent where natural gas generally cannot be produced except by horizontal or vertical well bores stimulated by hydraulic fracturing. (Example: Marcellus, Utica, Mandata, Huron, Rhinestreet, and Upper Devonian.)
	WATER PURVEYOR — The owner or operator of a public water system as defined in Section 3 of the act of May 1, 1984 (P.L. 206, No. 43), known as the Pennsylvania Safe Drinking Water Act,[5] or any person subject to the act of June 24, 1939 (P.L. 842, No. 365),[6] referred to as the Water Rights Law.
	WELL SITE — The area of surface operations surrounding the surface location of a well or wells. The site can include facilities, structures, materials, water containment devices and equipment, whether permanent or temporary, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. Such area shall not include an access road to the well site.

ON-SITE SALES ACCESSORY TO A FARM

The sale of products raised, grown or produced on a farm, provided that the sales are conducted on the farm property where the products are raised, grown or produced and any products sold that are not raised, grown or produced on the farm shall be less than 50% of the total sales.

OPERATOR

Any person, partnership, company or corporation, and its subcontractors and agents, who have an interest in real estate for the purpose of exploring or drilling for, producing or transporting oil or gas.

OWNER

See "landowner."

PARKING AREA

A portion of a lot designated for the parking of motor vehicles in accordance with the requirements of this chapter.

PARKING GARAGE, PUBLIC

See "public parking garage."

PARKING LOT, PUBLIC

See "public parking lot."

PARKING SPACE

A portion of a garage or parking area designated for the parking of one motor vehicle in accordance with the requirements of this chapter.

PERIMETER SETBACK

The distance specified by this chapter from the entire boundary of a site proposed for a development, as required by this chapter.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PERSONAL-CARE BOARDING HOME

See Subsection H under "dwelling types."

PERSONAL SERVICES

Any enterprise providing services to a person, their apparel or personal effects commonly carried on or about their person, including but not limited to shoe repair, tailoring, clothes cleaning, water repair, beauty shops, barbershops and the like.

PET GROOMING

Any establishment that offers services for domestic pets, including bathing, trimming, manicuring, massaging or other services to maintain the animals' well-being, and that may sell pet care products and pet supplies as an accessory use, but not including an animal hospital or kennel, as defined herein.

PETS, DOMESTIC

See "domestic pets."

PLANNED BUSINESS PARK

A site, under single ownership and control at the time an application is filed, that is proposed to be developed as a unit for two or more buildings containing business or professional offices, research and development facilities or light manufacturing in a campus environment utilizing common means of access, parking and loading and uniform signage and may include other shared features.

PLANNED RESIDENTIAL DEVELOPMENT

A site, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one zoning district.

PLANNING COMMISSION

The Planning Commission of Smith Township, Washington County, Pennsylvania.

POND

See "lakes and ponds."

PORCH

A roofed or uncovered structure without enclosing walls that is attached to or part of the principal building and that has direct access to and from the principal building.

PRESCHOOL FACILITY

An establishment that offers private educational services to children who are under the minimum age for education in public schools.

PRINCIPAL BUILDING OR STRUCTURE

The building or structure in which the principal use is conducted.

PRINCIPAL SOLAR ENERGY SYSTEM (PSES)

A solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers; substations; electrical infrastructure; transmission lines and other appurtenant structures.

PRINCIPAL USE

The primary or predominant use to which the property is or may be devoted and to which all other uses on the premises are accessory.

PRIVATE

Owned, operated or controlled by an individual, group of individuals, association or corporation, not for profit, and restricted to members and their guests.

PRIVATE CLUB

Any establishment, other than a sportsmen's club, operated by a legally chartered organization for social, recreational, educational, fraternal or sororal purposes, that is open only to members and their guests and not to the general public.

PRIVATE GARAGE

See "garage, private."

PRIVATE LANDING STRIP

An unimproved area of land designated for fixed-wing aircraft to land and take off, licensed by the Pennsylvania Department of Transportation, Bureau of Aviation.

PRIVATE SANITARY SEWER

See "sanitary sewer, private."

PRIVATE SCHOOL

See "school, public and private."

PRIVATE STABLE

The keeping of horses and/or ponies for personal use and enjoyment of the residents of the lot, not involving any profit-making activity.

PRIVATE STREET

See "street, private."

PRIVATE-USE HELIPAD

A helicopter landing pad, licensed by the Pennsylvania Department of Transportation, Bureau of Aviation, and regulated by the Federal Aviation Administration, that is owned by a private entity and restricted to use by helicopters owned by such entity.

PROFESSIONAL OFFICES

See "business or professional offices."

PROJECT ABANDONMENT

The PSES has not for 12 continuous months: (i) generated commercial production of commercial quantities of electric energy and delivered such energy to the utility grid; (ii) been decommissioned in accordance with this zoning order; and (iii) such cessation of operations is not attributable to an event beyond the reasonable control of the property owner or applicant, as the case may be.

PROTECTED STRUCTURE

Any occupied residence, business, school, church or public building located within 1,000 feet of a natural gas wellhead, as defined herein, that may be impacted by noise generated from the drilling or hydraulic fracturing at the well site, as defined herein, excluding any structure owned by an oil or gas lessor who has signed a lease with the operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the operator from complying with the noise abatement provisions of this chapter.

Any (public/private) hospital, school, cemetery, religious institution and/or other public building located within 1,000 feet of a medical marijuana grower/processor site.

PUBLIC

Owned, operated or controlled by a government agency, Federal, State, County or local.

PUBLIC BUILDING

Any building owned or operated by a government agency, Federal, State, County or local, used to provide services to the public, including administrative offices, public works buildings and storage yards, libraries, museums, fire companies, senior centers, recreation buildings, government service centers and similar facilities.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC PARKING GARAGE

A parking area that is located in a structure that is the principal use on the lot and that may be operated by either a public agency or private entity, whether for profit or not, and that is available for use by the general public, usually for a fee.

PUBLIC PARKING LOT

A parking area on the surface of the ground that is the principal use on the lot, that may be operated by either a public agency or private entity, whether for profit or not, and that is available for use by the general public, usually for a fee.

PUBLIC RECREATION

See "recreation, public."

PUBLIC SANITARY SEWER

See "sanitary sewer, public."

PUBLIC SCHOOL

See "school, public and private."

PUBLIC STREET

See "street, public."

PUBLIC UTILITY BUILDING OR STRUCTURE

Any administrative building, maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential services, as defined herein, other than the general transmission distribution system provided by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of Smith Township, that is reasonably necessary to furnish adequate services to the general public, both within Smith Township and outside the Township, including but not limited to long-distance transmission facilities, such as electrical power lines or high-pressure natural gas or petroleum lines, switching facilities, substations and similar facilities.

QUADRUPLEX

See Subsection D under "dwelling types."

REAR LOT LINE

See "lot line, rear."

REAR YARD

See "yard, rear."

RECREATIONAL VEHICLE

A single-axle or multiple-axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including but not limited to travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pick-up campers, horse trailers, snowmobiles, motorcycles and all-terrain vehicles.

RECREATIONAL VEHICLE PARK

A tract or contiguous tracts of land under single ownership, improved with the necessary utility connections and other related facilities and which contains two or more berths for the seasonal or transient parking of recreational vehicles, but not including any occupancy of the vehicles as permanent dwelling units.

RECREATION, COMMERCIAL

An enterprise operated for profit by other than a public entity, either indoors or outdoors, for the pursuit of sports, recreation or leisure activities, including but not limited to such establishments as miniature golf, golf or batting practice facilities, bowling alleys, ice or roller rinks, playing fields, racquet clubs, swimming pools, theaters, dance halls, amusement parks, amphitheaters and similar facilities.

RECREATION, NONCOMMERCIAL

An enterprise operated by an individual, association or corporation, other than a public entity, whether or not for profit, and whether or not the facilities are advertised to the general public, including sports, recreation or leisure activities, the use of which is limited to members and their guests, including but not limited to such establishments as country clubs, golf courses, sportsmen's clubs, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools and similar facilities.

RECREATION, PUBLIC

An enterprise operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities, for the pursuit of sports, recreation or leisure activities, including but not limited to parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools and similar facilities.

REGISTRY

The registry established by the DOH for all medical marijuana organizations and practitioners.

REPAIR GARAGE, VEHICLE

See "vehicle repair garage."

REPAIR SHOP

A service establishment providing maintenance and repairs of items that can be carried in by hand, including personal effects (such as jewelry, watches, bicycles), small household appliances, office equipment, small gasoline engines and similar items, but not including repair of large appliances, motorized vehicles or heavy equipment.

RESEARCH AND DEVELOPMENT

Any establishment, including laboratories, that carries on investigation in the natural, physical or social sciences, or engineering and development as an extension of such investigation, with the objective of creating end products and that may include supporting storage and transportation facilities.

RESTAURANT

An establishment that offers food and beverages for sale and consumption, either on or on and off the premises, as the principal use and may serve alcoholic beverages for consumption on the premises as an accessory use.

RESTAURANT, FAST-FOOD

A restaurant principally devoted to the retail sale of prepared or pre-measured food items, where such food items are ordered by the customer at a window, counter or vehicle rather than from a table, and that is designed to facilitate quick service and take-out orders.

RETAIL BUSINESS

The sale on the premises of commodities and/or services directly to consumers, but not including the manufacturing or processing of any products.

RETIREMENT COMMUNITY

A residential development designed primarily or exclusively for occupancy by elderly or retired persons and that features one or more of the following special services associated with the needs of elderly or retired persons, such as transportation, limited nursing facilities, dispensaries, common dining facilities, minimum maintenance, laundry service, recreation programs, personal services (such as beauty shops and barbershops, or cleaner's valet service), florist and/or gift shops, doctor's offices, branch bank, postal service and similar services or facilities.

RIDING ACADEMY

An establishment that includes a boarding stable, as defined herein, where no more than 50 horses are boarded or kept, and which may include an outdoor riding ring or an indoor or outdoor arena, which does not include spectator seating available to the general public, where instruction in riding, jumping and showing is offered for a fee using only horses that are kept or boarded on the premises and where horses that are hired for riding are limited to the horses that are kept or boarded on the premises. (See also "equestrian center.")

RIGHT-OF-WAY

An easement or an area of land reserved or dedicated for public or private purposes to provide access across private property.

SALVAGE YARD

Any premises devoted to the dismantling or wrecking of used motor vehicles, trucks, trailers, farm equipment or mobile homes or the storage, sale, crushing or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts, but not including the reassembly of any vehicles or equipment for resale.

SANITARY SEWER, PRIVATE

An on-lot disposal system providing for the disposal of effluent for one building and its accessory building on a single lot, subject to the approval of the Washington County Local Cooperative Sanitation Council.

SANITARY SEWER, PUBLIC

Any municipal or privately owned sewer system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or approved community treatment system, including capped sewers that are installed to Township specifications.

SCHOOL, COMMERCIAL

A privately operated, for-profit establishment providing technical or skilled training, vocational or trade educational courses and programs.

SCHOOL, PUBLIC AND PRIVATE

An accredited institution of learning that offers elementary and secondary level instruction or that offers associate, bachelor or higher degrees in the several branches of learning required by the Commonwealth of Pennsylvania.

SEAT

The area required for one individual to sit on, as regulated by the Township Building Code.[8]

SELF-STORAGE FACILITY

See "mini-warehouse or self-storage facility."

SERVICE STATION, AUTOMOBILE

A retail establishment that provides for one or more of the following activities:

The servicing of motor vehicles and operations incidental thereto and limited to one or more of the following activities: the retail sale of petroleum products; retail sales and installation of automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, changing and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; and State inspection;

The following operations, if conducted within a completely enclosed building, as defined by this chapter: lubrication of motor vehicles; replacement of exhaust systems; brake servicing, limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and/or

The operation of a convenience store, provided that retail sale of petroleum products is a part of the operation.

SEXUAL CONDUCT

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations, descriptions or acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

SHOOTING RANGE

An outdoor facility, whether operated for profit or not, that includes facilities for one or more of the following activities: tournaments, archery, target shooting, skeet or trap shooting, marksmanship and similar activities, and that may or may not include a clubhouse.

SHOPPING CENTER

A site under one ownership and control that is developed as a unit for two or more retail businesses in one or more buildings and designed with shared parking, loading and access facilities.

SIDE LOT LINE

See "lot line, side."

SIDE YARD

See "yard, side."

SIGN

Any structure or device used to attract attention by word or graphic display.

SIGN, HEIGHT OF

See "height of sign."

SIGN, SURFACE AREA OF

The area enclosed by one continuous line connecting the extreme points or edges of an advertising panel containing letters or the sum of the areas of each letter in the case of freestanding letters that are mounted on a building wall rather than painted on or affixed to an advertising panel. In the case of freestanding pole or ground signs, this area shall not include the main supporting sign structure but shall include all other ornamental attachments and connecting features that are not part of the main supports of the sign. In the case of letters that are painted on or affixed to an awning or canopy, rather than mounted on a wall or affixed to an advertising panel, the area of the sign shall be the area of the geometric shape formed by outlining the height and width of all of the letters, including the space between the individual letters. For two-sided signs, only one face is counted in computing the surface area.

SIGNS, TYPES AND CLASSES

See definitions for various types and classes of signs in Part 14 of this chapter.

SINGLE-FAMILY DWELLING

See Subsection A under "dwelling types."

SITE

A tract of land or one or more contiguous lots proposed for development.

SITE AREA

The total area within the boundary lines of a site proposed for development, expressed in acres or square feet.

SLOPE

The degree of rise or descent of the land surface, calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.

SOLAR ARRAY

A grouping of multiple solar modules with the purpose of harvesting solar energy.

SOLAR CELL

The smallest basic solar electric device which generates electricity when exposed to light.

SOLAR ENERGY

Radiant energy (direct, diffuse and/or reflective) received from the sun.

SOLAR ENERGY SYSTEM

A solar photovoltaic cell, module, panel, shingle, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.

SOLAR GRAZING

The practice of grazing livestock on the same area of land occupied by a PSES.

SOLAR MODULE

A grouping of solar cells with the purpose of harvesting solar energy.

SOLAR-RELATED EQUIPMENT

Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device, panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.

SOLID WASTE DISPOSAL

The ultimate disposition of unwanted or discarded materials from households and businesses, including garbage and nonrecyclable materials with insufficient liquid content to be free flowing.

SPECIAL EXCEPTION

See "use by special exception."

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES

Any one of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

Excretory functions as part of or in connection with any of the activities set forth in Subsections A and B above.

SPORTSMEN'S CLUB

A legally chartered organization for the pursuit of hunting, fishing, marksmanship and related activities, that may or may not include a clubhouse and that has a roster of membership and a regular calendar of activities that are limited to members and their guests.

STABLE, PRIVATE

See "private stable."

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it, excluding cellars.

STREET

A public or recorded private right-of-way that affords primary means of vehicular access to abutting property, but not including alleys.

STREET, ARTERIAL

A public street that serves large volumes of high-speed and long-distance traffic. Streets classified as arterial in the Township for the purposes of interpreting this chapter are: U.S. Route 22 and PA Route 18.

STREET, COLLECTOR

A public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets. Streets classified as collector streets in the Township for the purposes of interpreting this chapter are:

Atlas-Cherry Valley Road.

Bavington Road.

Francis Mine State Road.

Joffre-Bulger Road.

Grant Street (formerly Joffre-Bulger Road).

Joffre-Cherry Valley Road.

Langeloth Road.

Ostop Road.

Pleasant Valley Road.

Bulger-Candor Road.

Keys Road.

Plum Run Road.

Log Cabin Road.

STREET LINE

The legal right-of-way line that forms the dividing line between the street and the lot.

STREET, LOCAL

Any street in the Township not defined by this chapter as an arterial street or a collector street.

STREET, PRIVATE

A street, including the entire private right-of-way, that is privately owned and maintained and that is intended for private, rather than public, use.

STREET, PUBLIC

A public right-of-way, dedicated and open for public use, that has been adopted by the Township, County, Commonwealth or other governmental body.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURE, HEIGHT OF

See "height of structure."

STRUCTURAL ALTERATION

A change or rearrangement of the structural parts or in the exit facilities, or an enlargement or diminution of the structure, whether by extending on the side or increasing the height or depth, or the moving from one location or position to another.

SUBDIVISION

The division of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land, including any changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUPPLY YARD

A commercial establishment engaged in storing and selling building supplies, industrial supplies or feed and grain primarily to businesses, rather than to the general public.

SURFACE AREA OF SIGN

See "sign, surface area of."

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet and a surface area greater than 100 square feet, used or intended to be used for swimming or bathing and constructed, installed or maintained outside any building.

TAVERN

See "bar or tavern."

TEMPORARY CONSTRUCTION TRAILER

See "construction trailer, temporary."

TEMPORARY HOUSING FOR WELL SITE WORKERS

Mobile homes, bunk houses or similar temporary dwelling units designed to house transient contractors working at oil and gas drilling well sites in the Township or immediately adjacent municipalities.

TEMPORARY USE OR STRUCTURE

Any use or structure that is intended to be used either on a seasonal basis, during the time of construction and completion of an approved development or for any other period of time that is six months or less.

TOWNHOUSE

See Subsection I under "dwelling types."

TOWNSHIP

The Township of Smith, Washington County, Pennsylvania.

TRAFFIC STUDY

A report prepared by a qualified traffic engineer utilizing the manuals and methodologies of the Institute of Transportation Engineers (ITE) to analyze:

Projected traffic volumes associated with a proposed development;

Inventory of existing roadway and traffic conditions in the vicinity of the site, including traffic controls, peak-hour and average daily traffic, planned roadway improvements by others, lane widths and roadway conditions;

Existing and future levels of service of streets, intersections and driveways in the immediate vicinity of the plan with and without the proposed development, access to the site utilizing PennDOT criteria and on-site circulation (pedestrian and vehicular) and traffic controls; and

Recommendations for mitigating negative impacts and maximizing positive impacts.

TRIPLEX

See Subsection C under "dwelling types."

TRUCK AND HEAVY EQUIPMENT RENTAL, SALES AND SERVICE

An establishment engaged in the rental, sale and/or service of vehicles in excess of 26,000 pounds' GVW and/or any other heavy equipment, including but not limited to construction or farm equipment, whether or not the equipment is classified as a motor vehicle.

TRUCK TERMINAL

A facility to accommodate the fueling, routine maintenance and storage of trucks and other motorized equipment and trailers and that may provide warehousing and transfer facilities as accessory uses.

TWO-FAMILY DWELLING

See Subsection B under "dwelling types."

USE

The purpose, business or activity for which any land or structure is utilized.

USE BY SPECIAL EXCEPTION

A use authorized by this chapter that may be granted only by the Zoning Hearing Board following a public hearing, subject to express standards and criteria contained in this chapter.

VARIANCE

A departure from the specific regulations of this chapter that may be granted by the Zoning Hearing Board, in accordance with the criteria established by the Pennsylvania Municipalities Planning Code (Act 247, as amended), for a particular piece of property that, because of special circumstances applicable to it, cannot be developed in compliance with the literal terms of this chapter without undue physical hardship.

VEHICLE ACCESSORIES SALES AND INSTALLATION

An establishment engaged in the retail sales and installation of accessories for trucks, automobiles and motorcycles, including but not limited to such items as tires, hubcaps, mirrors, seat covers, floor mats, tonneau covers, truck caps, windshields, windshield wipers, trim packages, running boards and the like, but not including any mechanical parts.

VEHICLE RENTAL, SALES AND SERVICE

The rental, sales and service of automobiles, motorcycles and trucks under 26,000 pounds' GVW, but not including any heavy equipment or any other vehicle or equipment that is not classified as a "motor vehicle" under the Pennsylvania Motor Vehicle Code.

VEHICLE REPAIR GARAGE

A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recapping/retreading of tires, and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a completely enclosed building, as defined by this chapter.

VIEWING BOOTHS

Booths, stalls, partitioned portions of a room, rooms or other enclosures that are available for viewing:

Films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas; or

Persons who appear in a state of nudity or semi-nudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities, as defined by this chapter.

WALL

See "fence or wall."

WAREHOUSING AND DISTRIBUTION

A building used for the storage and handling of freight or merchandise, but not including the maintenance or fueling of commercial vehicles. Warehousing that is incidental to retail sales and that does not constitute in excess of 30% of the total floor area of the retail establishment shall be excluded from this definition.

WELLHEAD

The precise point of entry into the ground where drilling takes place, including the structure that is placed over the opening upon completion of drilling and that is maintained during production.

WELL SITE

All of the area occupied by the drilling equipment, as defined herein, and all surface facilities, structures, water- and other fluid-storage impoundments and storage tanks and associated equipment, including tanks, meters and other permanent or temporary structures and equipment incidental to oil and gas drilling, as defined herein, including facilities and equipment necessary for site preparation, site construction, drilling, hydraulic fracturing, site restoration, production and operation of the well upon completion of drilling.

WHOLESALE BUSINESS

An establishment engaged in selling merchandise to retailers, institutional, commercial or professional business customers or other wholesalers, rather than to the general public, or acting as a broker for such merchandise sales.

WIND POWER GENERATING FACILITY, PRIVATE

A wind power generating facility (WPGF), as defined herein, primarily for private use to reduce on-site consumption of utility power.

WIND POWER GENERATING FACILITY (WPGF)

All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WPGF tower, electrical components, WPGF foundation, transformer and electrical cabling from the WPGF tower to the substation.

WPGF OPERATOR

The entity responsible for the day-to-day operation and maintenance of the WPGF, including any third-party subcontractors.

WPGF OWNER

The entity or entities with an equity interest in the WPGF, including their respective successors and assigns. Owner does not mean the property owner from whom land is leased for locating the WPGF (unless the property owner has an equity interest in the WPGF), or any person holding a security interest in the WPGF solely to secure an extension of credit, or a person foreclosing on such security interest, provided that, after foreclosure, such person seeks to sell the WPGF at the earliest practicable date.

WPGF PROJECT

The collection of WPGFs and substations as specified in the siting approval application pursuant to § 1103, Subsection 42, of this chapter.

WPGF SUBSTATION

The apparatus that connects the electrical collection system of the WPGF and increases the voltage for connection with the utility's transmission lines.

WPGF TOWER

The support structure to which the nacelle and rotor are attached.

WPGF TOWER HEIGHT

The distance from the rotor blade at its highest point to the top surface of the WPGF foundation.

YARD

A required open space located on a lot that is unobstructed by any portion of a principal structure, other than certain projections expressly permitted by this chapter.

YARD, FRONT

A yard extending between side lot lines across the full lot width from the street right-of-way line to a line parallel to the front lot line, the minimum horizontal distance required by this chapter.

YARD, REAR

A yard extending across the rear of the lot between the required side yard lines parallel to the rear lot line, the minimum horizontal distance required by this chapter.

YARD, SIDE

A yard extending from the required front building line to the rear lot line parallel to the side lot line, the minimum horizontal distance required by this chapter.

ZONING CERTIFICATE

A document issued by the Township Zoning Officer stating that the proposed use of a particular structure, building or lot conforms to the requirements of this chapter.

ZONING DISTRICT

An area accurately defined as to boundaries and location on the Zoning District Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this chapter.

ZONING DISTRICT MAP

The official map delineating the zoning districts of Smith Township, Washington County, Pennsylvania, together will all amendments subsequently adopted, which is incorporated in and made a part of this chapter by reference thereto.[9]

ZONING HEARING BOARD

The Zoning Hearing Board of the Township of Smith, Washington County, Pennsylvania.

ZONING OFFICER

That person appointed by the Smith Township Board of Supervisors and charged with the responsibility of administering and enforcing this chapter.

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