Township of Middle Smithfield

Abut or abutting Two or more contiguous lots, pieces or parcels of land that share a common point or lot line.

Accessory solar energy system An area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules and/or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.

Accessory structure A structure clearly incidental and subordinate to, and customarily in connection with, and located on the same lot, piece or parcel of land as, the principal structure.

Accessory use A use clearly incidental and subordinate to, and customarily in connection with, and located on the same lot, piece or parcel of land as, the principal use.

Accessory use or structure A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Adjacent Two or more lots that share a common point or lot line or would share a common point or lot line but for an alley, right-of-way, street or watercourse separating them. An abutting lot is always an adjacent lot; however, an adjacent lot is not always an abutting lot. Abutting imparts that the lots are so joined and united to each other that no third object intervenes.

Adjusted tract area The total lot area within a subdivision or land development plan minus the percentages of land area with certain features, as provided in ARTICLE XIII: Miscellaneous Provisions of this chapter.

Adult use Adult bookstore, adult movie theater, adult massage parlor or adult live entertainment facility. These terms shall each be distinct types of adult uses as defined herein.

A. Adult use, bookstore - A use that has over 10% of the total floor area occupied by items for sale and/or rent that are books, films, newspapers, magazines, DVDs, videotapes or other recorded format; coin- or token-operated films, videotapes or other recorded format; paraphernalia, novelties or other materials and/or media which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law. If such items are within a separate room, then the ten-percent standard shall apply to the floor area of such room.
B. Adult use, live entertainment facility - A use including live entertainment involving both Subsections (1) and (2) below:

(1) One or more adults in the facility (which may include, but not be limited to, waiters, waitresses, dancers, clerk, bartenders, contractors or others) who are:

(a) Displaying uncovered male or female genitals or nude or almost nude female breasts; or
(b) Engaging in simulated or actual "adult use, specified sexual activities" or repetitive contact between the genital areas of two or more adults or between the anal and genital areas of two or more adults; and

(2) Which is related to an entrance charge, cover charge, tips or other monetary compensation paid by the spectators, patrons and/or customers to the person or entity operating the use or to persons involved in such activity.

C. Adult use, massage parlor - An establishment involving massages given between adults for consideration. For therapeutic massages, see "health spa."
D. Adult use, movie theater - An establishment, where for any form of consideration, films, motion pictures, video cassettes, slides, DVDs or similar photographic reproductions are shown, in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities.
E. Adult use, specified sexual activities - As used herein:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth herein.

Advertising sign A sign used to advertise or announce a business. Advertising signs shall include awning, canopy, ground, location, marquee, neon, projecting, blade, vehicular directory, shopping cart corral, pedestrian information sign plaza, wall, and window and door signs.

Agriculture, general The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to, the "nursery" use, and also including the "livestock, keeping of" use which includes the housing, grazing or breeding of livestock, birds or fowl; the "agriculture, general" use does not include large enterprises operating specifically to provide agricultural, agronomical, horticultural, silvicultural and/or aquacultural products and/or commodities for market.

Agriculture, intensive The commercial production of agricultural, agronomic, horticultural, silvicultural and/or aquacultural crops and/or commodities for market.

Agriculture, retail A seasonal selling or offering for sale at retail by vendors, who have home-grown vegetables, produce, flowers that they are offering for sale, or who have themselves prepared homemade commodities (i.e., jams, jellies, canned pickles) that are being offered for retail sale, occurring in a predesignated area.

Airdancer Inflatable moving advertising product comprised of a long fabric tube which is attached to and powered by an electrical fan causing the tube to move about in a dynamic dancing or flailing motion.

Airport Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary passenger and cargo facilities, fueling, maintenance, repair, storage and emergency services facilities.

Airport elevation The highest point of an airport's useable landing area measured in feet above sea level.

Airport hazard Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at the airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.

Airport hazard area Any area of land or water upon which an airport hazard might be established, if not prevented, as provided for in this chapter and the Act 164 of 1984 (Pennsylvania laws relating to aviation).

Alley A publicly or privately owned right-of-way which provides a secondary means of access to the side or rear of abutting property and not intended for general traffic circulation.

Alteration As applied to building, structure or sign, means a change, rearrangement, renovation, relocation or enlargement in the structural parts or exterior or which would change its use classification.

Alternative tower structure Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Animal, domestic Any animal customarily kept by humans for companionship that is commonly sold in retail pet shops within the community and does not require a special handling license and normally habituates under the same roof as its owner/master, including, but not limited to, dogs, cats, rodents, birds, gerbils, rabbits, insects, hamsters, fish and reptiles.

Animal, exotic Members of the family Felidae, except those species commonly called "house cats," and members of the family Canidae, except those commonly called "dogs," and those licensed by the Pennsylvania Department of Agriculture. Exotic animals shall also include all non-native animals, except small animals and birds customarily kept as house pets. Llamas and alpacas are not to be classified as exotic animals.

Animal, grazing Animals that subsist wholly or partly on naturally growing pastures.

Animal, grazing unit One grazing animal constitutes a grazing unit; suckling offspring are included within the same animal unit as the mother until weaned.

Animal, livestock See "livestock."

Animal, nongrazing Animals that exist in confined pens, cages, buildings or feed lots.

Animal, poultry Birds kept either in pens or structures for the purpose of providing food, clothing, breeding and production, including but not limited to chickens, turkeys, ducks, geese, pigeons, pheasants or other fowl.

Animated sign Any sign that uses movement or change of lighting to depict action or create a special effect or scene; or any sign that utilizes mechanical movement.

Antenna An exterior device or apparatus designed for but not limited to cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave or any other wireless communications through transmission and/or receiving of electromagnetic waves or otherwise.

Antenna height The vertical distance from the base of the antenna/tower support structure at grade to the highest point of the structure, including any attachment thereto. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Applicant A landowner or developer who has filed an application for development, including his heirs, successors and assigns.

Approach surface (zone) An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.

Asphalt facility See "extractive operations, sand and gravel pit and asphalt/concrete facility."

Athletic facility See "recreational facility."

Auto dealer vehicle sign A sign used as part of motor vehicle sales use to provide information on a particular vehicle.

Awning Any nonrigid material such as fabric or flexible plastic that is supported by or stretched over a frame that is attached to the exterior of a building.

Awning Any material such as fabric, glass, flexible plastic or metal that is supported by or stretched over a frame that is attached to an exterior wall which may or may not be retractable.

Awning sign Any sign that is part of or attached to an awning (See Figure 9-1).

Backlighting The use of a light source behind an awning, canopy, or other semitransparent material to illuminate or intensify the effect of that material.

Banner A flexible plastic or fabric-type device intended to be hung with or without frames that displays a message. A banner is a type of special event sign. (See Figure 9-2).

Bar See "nightclub/bar/tavern."

Bare bulb illumination Illumination by bulbs without shading or shields.

Base flood A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

Base flood elevation (BFE) The elevation shown on the Flood Insurance Rate Map (FIRM) for Zone AE that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.

Basement Any area of the building having its floor below ground level on all sides.

Basement That portion of a building that is partly or completely below grade.

Beacon Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; any light with one or more beams that rotate or move.

Bed-and-breakfast A dwelling occupied by the bed-and-breakfast business owner, where no more than eight bed-and-breakfast units are rented to overnight guests on a nightly basis for periods of not more than 30 days. Breakfast or brunch for overnight guests is the only meal that may be provided.

Bed-and-breakfast unit A room or group of rooms in a bed-and-breakfast forming a single habitable unit used or intended to be used for living and sleeping, but not cooking or eating purposes.

Belfry A tower or a room in a tower for a bell or set of bells.

Berm An earthen mound designed to create a visual and/or sound barrier between a use and adjoining properties, streets and adjacent uses.

Billboard See "off-premises sign."

Blade sign A sign suspended from a marquee, canopy, awning, or porch roof or ceiling. (See Figure 9-3). See also "projecting sign."

Board of supervisors The Board of Supervisors of Middle Smithfield Township, Monroe County, Commonwealth of Pennsylvania.

Buffer An area separating two different types of zones, classes, areas or districts to make each blend more easily with each other (e.g., strip of land between industrial and residential areas). The buffer shall only contain open space, approved pedestrian pathways, berms and planting strips to provide suitable screening. A buffer may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer requirement.

Building Any structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education and the like. A structure or edifice enclosing a space within its walls and usually, but not necessarily, covered with a roof. A building is always a structure; however, a structure is not always a building.

A. Building, attached - A structure with enclosing walls as well as two party walls in common with an adjacent building.
B. Building, detached - A structure with enclosing walls but no common or party wall.
C. Building, semidetached - A structure with enclosing walls and one party wall in common with an adjacent building.

Building A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Building area That portion of a lot, excluding required setback areas and restricted easement areas, upon which a structure can be erected.

Building coverage The total area of a lot covered by all buildings and accessory structures divided by the total gross area of the lot equals the building coverage on a lot, usually expressed as a percentage.

Building height The vertical distance measured from the average ground level on the exterior perimeter of the building to the highest point of the roof. Exceptions to height regulations shall not apply to these structures: church spires, belfries, farm structures, silos, chimneys, flues, stacks, fire escapes, parapets, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located; flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, electric transmission line towers and electric substation structures, and utility poles.

Building marker An individual sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material and attached to the building.

Building material sales Facilities and buildings designed for the sale of building materials, including, but not limited to lumber, tools, paints and other building supplies.

Building permit See "permit, building."

Building setback line See "setback, building line."

Building spacing The minimum distance, as set forth herein, between two buildings that shall be measured from the outermost wall or projection, including, but not limited to, bay windows, chimneys, flues and columns.

Bus maintenance and storage yard An area designed for the parking of buses as well as facilities and buildings for the maintenance and repair of same.

Bus shelter Structure to provide protection from adverse weather conditions while awaiting the arrival of public/school transportation.

Business Any enterprise, occupation, trade or professional engaged in, either continuously or temporarily, for profit, excluding retail, manufacturing and industrial. The term "business" shall include the occupancy or use of a building or lot or any portion thereof for the transaction of business or the rendering or receiving of professional services.

Business nameplate An on-premises sign attached to the front facade of a nonresidential building giving the name(s) of the individual businesses/occupants of the nonresidential building.

Business park An area organized and laid out in accordance with an overall plan for a community of businesses, including the servicing of these businesses, and designed to insure compatibility between the business operations in the park and the surrounding area through such devices as landscaping, architectural control setbacks, and use requirements.

Canopy An extension of the roof of a building or a freestanding structure that has a roof with ground support, but no walls.

Canopy sign Any sign that is part of or attached to a canopy (See Figure 9-4).

Car wash See "drive-in business."

Cartway That portion of a street right-of-way, paved or unpaved, including the shoulders of the road, intended for vehicular use.

Casino See "gaming/gambling establishment."

Cemetery A graveyard or burial place. A place or area set apart for interment of the dead. This term includes not only lots or columbarium for depositing the bodies and/or remains of the dead, but also avenues, walks and grounds for shrubbery and ornamental purposes as well as structures required for the maintenance thereof.

Center line The center of the surveyed street, road, lane, alley or right-of-way, or when not surveyed, the center of the travelway.

Certificate of compliance See "permit, certificate of compliance."

Certificate of occupancy See "permit, certificate of occupancy."

Change of use The discontinuance or change of an existing use within a building or on a lot to a new use or different kind or class of use under and subject to the regulations set forth herein.

Changeable sign A sign that is designed to have its sign message content changed by manual means (such as by physically changing letters) or that is an electronically changeable message sign.

Charitable special event street banner A sign advertising an occasional special event that benefits a charitable or public service purpose (such as to benefit volunteer fire service or a school parent-teacher organization) and that extends into or over a public street right-of-way. Approval shall be provided by the Board of Supervisors or its designee, as provided in § 090-130A(4) of this article.

Clear sight distance See "sight distance."

Clear sight triangle See "sight triangle."

Co-location Locating wireless communications equipment from more than one provider on a single site.

Commercial area The C1 and C2 Zoning Districts, and land area that has been approved to be part of a resort complex/commercial resort.

Common open space An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. See also "open space."

Communications antenna/tower A guyed, monopole or lattice tower, constructed as a freestanding structure or in association with a communications equipment building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone or other similar forms of electronic communication. The term includes, but is not limited to, radio and television transmission towers, personal communications service towers (PCS), microwave towers, cellular telephone towers, alternative tower structures and the like. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.

Communications equipment building An unmanned building or cabinet containing communications equipment required for the operation of a communications antenna/tower.

Community center An educational, social, cultural or other similar facility, operated by a public or nonprofit group or agency.

Completely dry space A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Comprehensive plan The Township document setting forth policies for future growth and development pursuant to the Township, prepared by the Township Planning Commission pursuant to the Pennsylvania Municipalities Planning Code, as adopted by the governing body. The most recent Comprehensive Plan, entitled "Middle Smithfield Township Comprehensive Plan Update: 2007," adopted by the Township on February 14, 2008, is included herein by reference, as well as any updates to the Comprehensive Plan as may be adopted by the Township from time to time.

Concrete facility See "extractive operation, sand and gravel pit, asphalt/concrete plant."

Conditional use A use permitted in a particular zoning district pursuant to the provisions of Article VIII, Administration, § 084-020, Permit application procedure for conditional uses.

Conforming use See "permitted use."

Conical surface (zone) An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.

Conservation development A subdivision and/or land development that allows flexible development of areas with sensitive natural features in such a way as to: avoid severe soil erosion and sedimentation; avoid severely increased stormwater flows and velocity; steer development to those areas that are more physically suited for it; avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain; avoid increased use of steep roads and driveways that are dangerous to drive upon in inclement weather; conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats; reduce construction costs; allow each property owner a reasonable use of his or her land, related directly to the natural features and location and accessibility of the land; provide for the preservation of significant areas of preserved open space; and recognize that groundwater supplies and the ability of the ground to treat wastewater are limited.

Construction sign A temporary individual sign identifying an architect, contractor, subcontractor, engineer, financial institution, or material supplier involved in the construction, reconstruction, or repair of a building or buildings on a lot.

Convenience store A retail store with less than 5,000 square feet that sells groceries, beverages and other household supplies and may also sell gasoline; does not include automotive service stations or vehicle repair shops; it is designed to attract a large volume of stop-and-go traffic.

Conversion A change or adaptation of land or structure to a different use, occupancy or purpose.

County comprehensive plan A land use and growth management plan prepared by the Monroe County Planning Commission and adopted by the Monroe County Commissioners on June 30, 1999, which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plan and land use regulations.

County planning commission The Monroe County Planning Commission and its professional staff.

Crosswalk or walkway A strip of land, including a right-of-way dedicated to public use, to facilitate pedestrian access.

Damaged sign Any sign or sign structure that has been substantially damaged and which has not been repaired within 45 days after written notice from the Zoning Officer that the sign constitutes a damaged sign.

Data center A facility used to house computer systems and associated components, such as, but not limited to, telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and special security devices.

Day-care center, state licensed facilities Any dwelling or building, or portion thereof, including any on-site outdoor play or recreation area, which provides care for children or adults, as further defined below.

A. Day-care center, child - The state-licensed premises in which care is provided at any one time for seven or more children unrelated to the operator, in accordance with state law, as amended.
B. Day care, family child - A state-licensed home other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator, in accordance with state law, as amended.
C. Day care, group child - The state-licensed premises in which care is provided at one time for more than six but fewer than 16 older school-age children or more than six but fewer than 13 children of another age level who are unrelated to the operator, in accordance with state law, as amended. The term includes a facility located in a residence or another premises.
D. Day care, older adult daily living center - The state-licensed premises operated for profit or not-for-profit in which older adult daily living services are simultaneously provided for part of a twenty-four-hour day for four or more clients who are not relatives of the operator, in accordance with state law, as amended.
E. Exempt premises. The following exemptions apply:

(1) The temporary or occasional care of three or fewer children or adults not related to the person giving care which takes place at the home of the person giving care.
(2) The temporary or occasional care of three or fewer children or adults at a dwelling unit customarily and regularly occupied by the children or adults as their residence.

Decorative flags Flexible fabric flags that do not display an advertising message or logo.

Density Density is a measure of, and expressed in, the number of dwelling units per unit of area. The measure is arrived at by dividing the number of dwelling units by the adjusted tract area. See the dimensional (area) requirements for each dwelling based on the zoning district for use as the denominator and the calculations used to determine the adjusted tract area as defined elsewhere within this chapter for use as the nominator in order to determine the density.

DEP The Pennsylvania Department of Environmental Protection and its relevant bureaus.

Department Pennsylvania Department of Transportation.

Detention facility Publicly or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. Such facilities include an adult detention center, juvenile delinquency center and/or detention center, jail or prison but do not include temporary holding cells or sally ports.

Developer Any landowner or legally authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.

Development Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.

Development Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

Development plan The provisions for development, including a traditional neighborhood development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this ordinance, shall mean the written and graphic materials referred to in this definition.

Dormitory See "dwelling, dormitory."

Drive-in business An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service, obtain a product or be entertained while remaining in a motor vehicle. Accessory services provided for customers which do not require the direct assistance of personnel of the establishment outside of the confines of the building (e.g., self-service gasoline pumps, vending machines, automatic teller machines, etc.) shall not be encompassed in this definition.

Driveway A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the road.

Dwelling A structure providing complete, independent living facilities for one family, including permanent provisions for cooking, eating, sanitation and sleeping. See types of dwellings below:

A. Dwelling, accessory apartment - A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling unit, which shall only be occupied by a relative of the owner-occupant of the principal dwelling unit, except when said unit is in a TND project.
B. Dwelling, apartment complex - One or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling, duplex or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
C. Dwelling, boardinghouse - A residential structure in which room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation by more than the maximum permitted unrelated persons for a standard dwelling unit; may also be referred to as a "rooming house" or "lodging house." A boardinghouse shall not include a use that meets the definition of a hotel/motel/inn, dormitory, life-care center, personal care center, bed-and-breakfast, group home or nursing home. A college fraternity/sorority house used as a residence shall be considered a type of boardinghouse. Emergency, temporary or permanent homeless shelters may be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents but shall not include a restaurant open to the public unless it meets the requirements for a restaurant.
D. Dwelling, dormitory - A structure used primarily as a residence for multiple persons not related by blood or marriage. A dormitory shall include but not be limited to housing for students, fraternities, and sororities and also all other structures occupied by groups of persons unrelated by blood or marriage sharing a dwelling as their primary permanent residence. Dormitories shall not include boardinghouses, nursing homes, group homes or any housing arrangement where a group of persons unrelated by blood or marriage live together as a family.
E. Dwelling, duplex - A structure with two dwelling units whereby one dwelling unit accommodating one family is attached to but completely separated by a vertical, unpierced, fire-resistant wall to only one additional dwelling unit. One side yard, a rear yard and a front yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
F. Dwelling, group home - A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age or emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act, as amended. Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.

(1) It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
(2) A group home shall not include a treatment center.
(3) Emergency, temporary or permanent homeless shelters may be considered a type of group home. Note: The Federal Fair Housing Act defines "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act to address certain situations related to substance abuse treatment.

G. Dwelling, homeless shelter, permanent - A facility providing, on a nonprofit basis, and without charge, temporary lodging, with or without meals, to indigent, needy, homeless or transient persons; may also provide ancillary services such as, but not limited to, counseling and vocational training.
H. Dwelling, homeless shelter, temporary - The temporary use of a facility providing, on a nonprofit basis, and without charge, single-night, temporary lodging, with or without meals, for people with no ordinary or regular home or residence address, such as cold night shelter. Temporary shelters shall operate no more than a total of 30 days per year, a year being the period from July 1 through June 30. A temporary overnight shelter shall only be used as an accessory use to a church or nonprofit agency that has been established for a period of at least 12 consecutive months and where specifically permitted in this chapter and shall meet the following requirements:

(1) Any temporary overnight shelter for the homeless shall comply fully with the requirements of applicable state, county and Township codes, ordinances and regulations; and
(2) Any temporary overnight shelter for the homeless shall be contained within the structure of, and operated by, a not-for-profit corporation or charitable organization.

I. Dwelling, mobile/manufactured home - A type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece or two substantial pieces designed to be joined into one integral unit capable of again being separated for transport; is designed for permanent occupancy; arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning.
J. Dwelling, residential conversion - The conversion of an existing residential building into two or more dwelling units or a nonresidential building into one or more dwelling units that may still contain the original nonresidential use.
K. Dwelling, single-family detached - A detached building designed for and occupied exclusively by one family, except for a mobile/manufactured home, as defined herein.
L. Dwelling, townhouse or rowhouse - One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced, vertical, fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
M. Dwelling, twin dwelling unit - A structure with two dwelling units whereby one dwelling unit accommodating one family is attached to but completely separated by a horizontal, unpierced, fire-resistant wall to only one additional dwelling unit. Open yard areas shall be on all sides of the duplex dwelling unit. The structure is generally on a single lot.

Dwelling unit One or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes and containing a minimum of 700 square feet or such other minimum habitable floor areas as may be set forth in any building and/or housing code in the Township.

Easement A right acquired from a landowner to use the land of another for a special purpose, including, but not limited to, access, conservation, stormwater and utility. An easement holder has a real property interest that is usually created by a written instrument or confirmed by a court order; it is usually permanent; an easement cannot be revoked and the ownership of an easement follows the ownership of the land to which it belongs.

Electronically changeable message sign A sign that uses electronically changing images, including, but not limited to, light emitting diode signs, fiber optics, light bulbs or other illumination devices within the sign display area to communicate information.

Emergency service facilities Facilities operated by public agencies, including emergency service facilities, fire stations, other fire prevention and fire-fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

Engineer, professional A person fully licensed as a professional engineer.

Engineer, township The Middle Smithfield Township Engineer or any consultant, designated by the Board of Supervisors to review a subdivision plan, land development plan and/or other applications that may come before the Township, who performs the duties of engineer on behalf of the Township.

Essential services/utilities Includes the provision of gas, electrical, communication, telephone, sewer, waste material, water, public safety and other similar services. The facilities required to provide such services shall consist of:

A. Limited facilities, including equipment such as poles, towers, wires, drains, sewers, pipes, conduits, cables, police call boxes, traffic signals, hydrants and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way. Such facilities shall not be considered a conditional use.
B. Major facilities, including equipment which requires enclosure within a building or construction of its own site such as gas storage areas, recycling collection stations, solid waste substations, substations, telephone exchanges, wastewater treatment facilities and wastewater pumping stations, water wells, water storage and water treatment facilities. Such facilities shall be considered a conditional use, unless said use is specifically addressed elsewhere in this chapter.

Essentially dry space A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

Existing manufactured home park or subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Explosives Dynamite, gunpowder, fuse, blasting caps, electric blasting caps, detonators and other explosives. This shall not prohibit the storage of gunpowder and primers to be used for reloading of ammunition for personal use.

Extractive operation, sand and gravel pit, asphalt/concrete plant A use involving on-site extraction of surface mineral products or natural resources. Extraction is limited to stone quarries, top soil borrow pits and sand and gravel operations, as well as the manufacture of asphalt and concrete.

FAA Federal Aviation Administration of the United States Department of Transportation.

Facade The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

Family One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. "Family" also includes unrelated persons residing within a licensed group home as defined herein. (The Township's intent is to comply with the Federal Fair Housing Act, as amended from time to time.)

Farm product sign A temporary individual sign used to advertise the sale of agriculture products when used in a zoning district where agricultural use is permitted.

Feather flag/banner A flexible fabric item affixed on one side to a flexible flagpole designed to be freestanding with or without words or advertising.

Fence/wall A hedge, partition or man-made barrier constructed of wood, stone, metal or other materials, placed or arranged as a line of demarcation, raised to some height, dividing a piece of land into distinct portions or separating two contiguous parcels intended for purposes of privacy, security and enclosure.

Fireworks A combustible or explosive composition, substance or combination of substances, or article prepared for the purpose of producing a visible and/or an audible effect by combustion, explosion, deflagration or detonation.

Fitness center See "health spa."

Flag A flexible fabric item that is designed to be able to fly with the wind on a flagpole, but which may also be hung.

Flame illumination Illumination using open flame as the source of the illumination.

Flashing sign Any sign which has intermittent or changing lighting or illumination.

Flea market See "open-air business."

Flood A temporary inundation of normally dry land areas.

Flood insurance rate map The official map on which the Federal Emergency Management Agency has delineated both the areas of special hazards and the risk premium zones applicable to the community.

Flood insurance study The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodlight illumination Illumination using floodlights to direct light to a desired location.

Floodplain (one-hundred-year) A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse likely to occur once every 100 years; and/or any area subject to the unusual and rapid accumulation of surface water from any source which is likely to occur once every 100 years. [One-hundred-year flood: a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).] For the purposes of this ordinance, the "one-hundred-year floodplain" shall be those areas identified as such on the latest version of the official Flood Insurance Study (herein referred to as the "Federal Floodplain Study") for the Township as issued by the United States Federal Emergency Management Agency (FEMA) or other appropriate study found to be acceptable to the Township Engineer.

Floodplain area A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor area See "gross floor area."

Fluorescent sign Any sign containing fluorescent colors in the text, graphic, or background.

For sale sign A personal use and identification sign used to announce the sale of a used product personally owned by the seller.

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

Freestanding sign A sign that is mounted on pole(s), post(s), column(s) or similar feature and that is not attached to a building.

Front yard setback See "setback, front yard."

Fuel storage and distribution A facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.

Funeral home A building devoted to the care, embalming and holding of services for the dead, including the sale of funeral equipment as an accessory activity.

Gaming/gambling establishment An establishment that includes any and all gaming uses, including, but not limited to, casinos, off-track betting establishments and other similar activities, whether or not including a restaurant, nightclub, hotel, bar or similar use, in accordance with state law, but excluding state lottery programs, and betting under the small games of chance provisions of Pennsylvania law.

Garage sale sign A type of personal use and information sign advertising a garage or yard sale that complies with Township ordinances.

Gas station A building or lot or part thereof selling gasoline or other equivalent fuel to motor vehicles at retail, dispensed directly into vehicles from pumps, where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories, and safety and emissions inspection, and sale of prepackaged propane. These may include a convenience store. A business that maintains an accessory use providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be a gas station.

Glare The sensation produced by the luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted which causes annoyance, discomfort or loss of visual performance and visibility and/or ability to focus.

Golf course A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways and hazards. A golf course may include a clubhouse, restrooms, driving range and shelters as accessory uses.

Governing body The Board of Supervisors of Middle Smithfield Township.

Grade The average level of the finished surface of the ground adjacent to a sign and/or structure or adjacent to the exterior wall of the building. The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.

Grade level The ground elevation at the base of a sign. The ground level shall not be artificially increased at the sign base, such as through use of berming or retaining walls, to increase the total allowed height of a sign. If a sign is located on a sloped site, the grade level shall be based upon the side of a sign that is closest to the nearest street. (See Figure 9-5).

Grade, finished The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

Graphic A lettered, numbered, symbolic, pictorial, or illuminated visual display that is visible from a public right-of-way.

Gravel pit See "extractive operation, Sand and Gravel Pit, asphalt/concrete plant."

Graveyard See "cemetery."

Gross floor area The total gross horizontal area on all floors as measured to the outside surfaces of the exterior walls, excluding crawl spaces, garages, carports, attics without floors, open porches, balconies and terraces.

Ground sign A freestanding sign that has a maximum total height of eight feet. (See Figure 9-6).

Guyed tower A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Health care clinic A building or a portion of a building containing offices and facilities for providing medical, dental and psychiatric services for outpatients only. See medical facilities use regulations.

Health spa Any establishment or business commonly known as health clubs, health spa, fitness studio providing health and nutritional education, fitness center, physical awareness, massage services, not including adult massage services, manicures, pedicures and other related services.

Hedge A barrier or boundary formed by a dense row of shrubs or low trees.

Height See "building height."

Height For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

Height limit A vertical distance fixed in certain districts contained herein and measured from the average ground level at the base of the structure.

Helipad A facility without the logistical support provided by a heliport where helicopters take off and land. Helipads do not include facilities for maintenance, repair, fueling or storage of helicopters.

Heliport Any landing area used for the takeoff and landing of helicopters, including all necessary passenger and cargo facilities, fueling, maintenance, repair, storage and emergency services facilities. See also "helipad."

Historic structure Any structure that is any of the following:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Historical marker An individual sign erected by a public agency and intended to mark or honor an historical site, structure, or event located on or near the location of the sign.

Holiday decorations Any combination of lights, posters, or other material temporarily displayed on traditionally or legally accepted civic, patriotic, or religious holidays related to observance of that civic, patriotic, or religious holiday.

Home occupation See "no-impact home-based business."

Homeless shelter, permanent See "dwelling, homeless shelter, permanent."

Homeless shelter, temporary See "dwelling, homeless shelter, temporary."

Homeowners' association An unincorporated association or corporation whose membership consists of the lot owners of a residential development. A homeowners' association shall also include a condominium unit owners' association. All such associations shall comply with the requirements for unit owners' associations contained in the Uniform Planned Community Act and/or the Pennsylvania Uniform Condominium Act, as amended from time to time.

Horizontal surface (zone) An imaginary plan 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.

Hospital An institution licensed by the state department of health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities. See medical facilities use regulations.

Hospital complex One or more buildings, one of which must be a hospital. A hospital complex may also include a cafeteria or restaurant, medically related heliports, nursing homes, extended care clinics, physical therapy/employee exercise facilities, employee housing, temporary inpatient/patient family housing and shops for medical equipment, pharmaceutical supplies, gifts, books, magazines, toiletries, flowers, candy or similar items, provided such uses are primarily for the benefit of the patients, staff and visitors and are located so as to not normally attract other retail customers. A hospital complex may also include, in the same building as the hospital or in separate buildings, other health care and health-care-related services, which may include but shall not be limited to the following: health care and child-care centers, optical facilities and medical office buildings. See medical facilities use regulations.

Hotel/motel/inn A building in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open to transient guests, usually with access to units primarily from interior lobbies, courts or halls, and is not a rooming house or boardinghouse.

Illegal sign A sign which does not meet the requirements of this article and is not lawfully nonconforming. An illegal sign specifically includes:

(1) A sign that remains standing when the time limits set by the permit are exceeded; and/or
(2) Any sign not removed after notification from the Zoning Officer that a sign needs to be removed.

Impervious surface Any hard-surfaced, generally man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, paved recreation areas, brick, paving block, plastic or other similar material which does not readily absorb water and that has a runoff coefficient of 0.85 or greater.

Impervious surface coverage The percentage of the area of a lot that is covered by impervious surface.

Incidental sign An on-premises sign for the convenience of the public giving directions, instructions, facility information, or other assistance around the site, such as location of exits, entrances, one-way signs, parking lots, driveways, delivery or service area entrances, specific locations within a specific nonresidential development or lot or a multifamily housing development in order to direct and/or orient pedestrians and/or vehicles to assist in proper circulation.

Indirect illumination A light source not seen directly.

Individual sign A sign allowed for a specific purpose and subject to standards allowing the purpose and intent of the sign to be fulfilled without adversely impacting the public health, safety, or welfare. Individual signs include, but are not necessarily limited to, auto dealer vehicle signs, construction signs, farm product signs, flags, incidental signs, murals, charitable special event street banner, personal use and information signs, political signs, business nameplate signs, real estate signs, special event signs, subdivision identification signs, and vending machine signs.

Industrial area The I Zoning District.

Inflatable sign An inflated balloon or other device 18 inches or greater in diameter or length used to attract attention to a business or activity.

Inn See "hotel/motel/inn."

Interior sign A sign which is fully located within the interior of any building or stadium or within an enclosed lobby or court of any building and which provides information relevant only to the interior of the building and/or provides information which can only be read from inside the building.

Internal illumination A light source concealed or contained within the sign and which becomes visible in darkness through a translucent surface.

Junk Any discarded material or article, including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

Junk vehicle Includes any vehicle or trailer for which commercial gain is not the primary objective and that meets any of the following conditions:

A. Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
B. Cannot be towed, such as a trailer designed to be towed;
C. Has been demolished beyond repair;
D. Has been separated from its axles, engine, body or chassis;
E. Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle; and/or
F. Is unregistered and uninsured.

Junkyard Land or structure used in whole or in part for the collection, storage, dismantling, processing and/or sale of junk.

Kennel, private, non-state-licensed The keeping, breeding, raising, showing or training of six or more dogs, cats or other household pets over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. Kennels covered by this definition must be constructed and operated in accordance with the Canine Health Board Standards for Commercial Kennels, as established by the commonwealth, as may be amended from time to time.

Kennel, state-licensed Any facility where 26 or more dogs or similar domestic animals are kept or transferred in a calendar year and which requires a kennel license, all as defined by PA Act 119 of 2008, as may be amended from time to time. Kennel types, as defined by PA Act 119 of 2008, include private kennels, pet shop kennels, dealer kennels, rescue network kennels, research kennels, boarding kennels, nonprofit kennels and commercial kennels, all as defined by PA Act 119 of 2008, as may be amended from time to time.

Land development Any of the following activities:

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

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 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.

B. A subdivision of land; or
C. Development in accordance with Section 503.(1.1) of the MPC, as amended from time to time.

Landfill, sanitary An engineered burial facility for the disposal of solid waste which is so located, designed, constructed and operated, in accordance with all state and federal regulations, to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.

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.

Landscape waste composting facility See "resource recovery facility."

Landscaped buffer See "buffer."

Landscaping The planting of turf, trees, shrubs and other appropriate vegetative materials and ground cover within the open areas of a lot, other than for agricultural purposes, and including the maintenance and replacement thereof, for the purposes of erosion control, retention of precipitation, protection against the elements, screening and promotion of human comfort and welfare.

Larger-than-utility runway A runway that is constructed for and intended to be used by propeller driver aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.

Lattice tower A guyed or self-supporting, three- or four-sided, open, metal frame structure used to support communications equipment.

Library A public, nonprofit facility in which literary, musical, artistic or reference materials such as but not limited to books, manuscripts, computers, recordings or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.

Life-care facility A planned development designed for the elderly and/or disabled persons, which may include congregate residences, and/or full health and continuing care nursing home facilities. A life-care facility may also include accessory uses such as a community center, personal service shops, recreation areas and common open spaces, and the life-care facility and accessory facilities shall be designed and used to serve its residents and guests only. This definition also includes "personal care center" and "assisted living facility." Life-care facilities do not include group homes.

Litter See "junk."

Livestock Generally accepted outdoor farm animals kept either in open fields or structures for the purpose of providing food, clothing, breeding and production, or work, including but not limited to oxen, cows, horses, mules and donkeys, sheep, pigs, hogs, goats, llamas, alpacas and fowl.

Livestock, keeping of See agriculture, general use regulations in this chapter.

Loading, off-street An unobstructed area, at least 12 feet in width and 40 feet in length and having a vertical clearance of at least 14 feet, provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.

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

Lot area, minimum The total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street or legal right-of-way and no area which is to be part of existing or future easements shall be deemed a portion of any lot area.

Lot line A property boundary line. Where a lot abuts a street, the lot line shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street even though such may be the property boundary line for the purposes of setback requirements and minimum lot area calculations.

A. Lot line, front - A lot line separating the lot from the existing or proposed street right-of-way; every lot shall include at least one front lot line, one rear lot line and one side lot line.
B. Lot line, rear - Any lot line which is parallel to or within 45º of being parallel to the street line, except for a lot line that is itself a right-of-way line, and except that in the case of a corner lot, the lot line opposite the right-of-way line which the front of the principal building faces shall be considered the rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to the street line. Every lot shall have a rear lot line.
C. Lot line, side - Any lot line other than a front or rear lot line.

Lot width The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. For corner lots, the lot width shall be measured along that street frontage at the required front yard setback.

Lot, corner A lot which has an interior angle of less than 135º at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect with the street lines at an angle of less than 135º.

Lot, depth The mean average horizontal distance between the front and the rear lot lines.

Lot, through An interior lot having frontage on two parallel or approximately parallel streets.

Lowest floor The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.

Manufactured home A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

Manufactured home park A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured home park A contiguous parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, firm, trust, partnership, public or private association or corporation.

Manufacturing The mechanical or chemical transformation of materials or substances into new products, including the blending of materials, such as lubricating oils, plastics, resins or liquors.

Manufacturing, light An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial process of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.

Marquee A roofed structure attached to and extending from the front facade of a building and which projects at least three feet from the building, and which is erected over a customer doorway(s) to provide protection from the weather, such as at a theater.

Marquee sign Any sign that is part of or attached to a marquee (See Figure 9-7).

Master sign plan A site plan and accompanying documentation that identifies all existing and proposed signage for a nonresidential development.

Mechanical movement Refers to animation, revolution, vertical and/or horizontal movement.

Medical facilities The term includes health care clinics, hospitals, hospital complexes, medical offices and surgery centers, as may be defined herein.

Medical waste facility A facility used to store and/or repackage medical waste for transportation and ultimate disposal. See resource recovery facility use regulations.

Memorial sign Memorial plaques or tablets, grave markers, statuary, or other remembrances of persons or events that are noncommercial in nature.

Minor repair The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

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 of a mobile home thereon.

Mobile home park See "manufactured home park."

Mobile/manufactured home See "dwelling, mobile/manufactured home."

Monopole tower A communications tower consisting of a single pole, constructed without guy wires and ground anchors.

Motel See "hotel/motel/inn."

Movie theater See "theater."

Multifamily complex sign See "subdivision identification sign."

Municipal service facility Activities and structures designed to generally provide services typically rendered by municipal governments, such as, but not limited to, road maintenance, police protection, planning, zoning and subdivision-related review services.

Municipalities planning code For the purposes of this ordinance, the code, enacted as Act 247 of 1968, as amended. This definition is intended to include the current code and any future amendments and shall be referred to hereafter as the "MPC."

Municipality As used herein, "municipality" shall refer to Middle Smithfield Township.

Mural A picture painted directly on a wall.

Museum A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for its own use. See library or museum use regulations.

Neon illumination Illumination caused by neon and similar electrically charged gases within a glass or plastic tube, specifically including cold cathode and other similar light sources but not fluorescent light sources.

Neon sign Any sign using neon illumination to form letters, symbols, or other shapes.

New construction Structures for which the start of construction commenced on or after April 2, 2013, and includes any subsequent improvements to such structures. Any construction started after December 16, 1988, and before April 2, 2013, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

New manufactured home park or subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Nightclub/bar/tavern A commercial establishment dispensing alcoholic beverages for consumption on the premises, as well as food, and in which dancing and musical entertainment are permitted. State regulations governing alcoholic beverages shall also be incorporated into this definition by reference, as they may be amended from time to time.

No-impact home-based business A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, or pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable living area.
H. The business may not involve any illegal activity.

Nonconformance A condition that occurs when, on the effective date of adoption of this chapter or a previous ordinance or on the effective date of an ordinance text amendment or rezoning, an existing lot, structure, building, sign, development or use of an existing lot or structure does not conform to one or more of the regulations currently applicable to the district in which the lot, structure, building, sign, development or use is located.

Nonconforming lot A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

Nonconforming sign A sign, sign structure, or any part thereof that does not comply with the provisions of this article, but which lawfully existed prior to the effective date of this article. In order to be lawfully nonconforming, a sign that required a Township permit at the time the sign was placed shall have received a Township permit.

Nonconforming structure A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

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

Nonconforming use Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.

Nonprecision instrument runway A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

Nuisance Any public nuisance in law or in equity, including, but not limited to, whatever is dangerous to human life or is detrimental to health and safety; interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.

Nursery Any land used to raise trees, shrubs, flowers, vines and other plants for sale or transplanting.

Nursery, garden center The retail and/or wholesale handling of any article, substance or commodity related to the planting, maintenance or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals or other nursery goods and related products in small quantities to the consumer. See nursery use regulations.

Nursing home A home licensed by the state for aged or chronically or incurably ill persons in which five or more such persons not of immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Obstruction Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this division.

Obstructive sign Any sign erected or maintained at the intersection of roads in such a manner as to obstruct free and clear vision of the intersection; any sign located in a sight triangle (see definition in § 020-020).

Office A building or portion thereof that provides space to conduct business, service and professional services, such as insurance agencies, title insurance companies, real estate offices and post offices, but not including bulk mail centers.

Office park See "business park."

Offices, medical A building used exclusively by physicians, dentists and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises. See medical facilities use regulations.

Off-premises sign A sign advertising a land use or promoting a commercial or noncommercial message unrelated to the activity conducted on the lot, development or site where the sign is located; or a sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than on the same lot or development where the sign is located.

On-lot sewer system See "sewer facilities."

On-premises sign Signs accessory to commercial, industrial, or institutional activities, the purpose of which is to sell or index a product, service, or activity or to provide information regarding a commercial, industrial, or institutional facility. On-premises signs are located on the same lot, development or site as the advertised use. If a sign relates to an activity or use within a resort complex or commercial resort, a business subdivision or multifamily development, and that sign is placed within that same complex, resort, subdivision or development, such sign shall be considered an on-premises sign, even if the sign is on a different lot than the activity or use advertised by the sign.

Open space Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces. See also "common open space."

Open-air business Retail stores operated substantially in the open air, including, but not limited to, flea markets, boats or home equipment sales, repair or rental services. Outdoor display area and sale, including, but not limited to, sheds, motor homes, recreation vehicles, manufactured homes, snowmobiles, swimming pools, farm implements and/or commercial construction equipment.

Outdoor recreation facility An outdoor recreation facility includes, but is not limited to, tennis courts, baseball, field hockey and soccer fields, batting cages, swimming pool, skating rink, miniature golf course and driving range not affiliated with a golf course. See "recreation facility."

Outdoor storage Areas set aside outside of a building for the storage or display of material and merchandise for commercial, sales and/or industrial businesses.

Owner Any person, agent, firm, corporation or partnership that alone, jointly or severally with others has legal or equitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or has charge, care or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner. The person shown on the records of the Monroe County Recorder of Deeds to be the owner of a particular property shall be presumed to be the person in control of that property.

Parapet That portion of a wall which extends above the roofline.

Parcel Any legally described area of land, piece of land or property designated by the owner or developer as land to be used or developed as a unit or that has been developed as a unit.

Park A noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community.

Park-and-ride facility An off-street parking lot or structure designed or intended for parking automobiles primarily on a daily basis, the occupants of which transfer to carpools, vanpools, buspools or mass transit to continue their trips, including accessory structures such as but not limited to passenger shelters. Fees for parking may or may not be charged. See vehicle parking lot or garage use regulations.

Party wall A wall common to but dividing contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.

Patio A level-surfaced area directly adjacent to a principal building.

Paved Ground covered with stone, brick, concrete, asphalt, gravel or other substantial matter making a firm, smooth and level surface.

Peddling Selling, offering for sale or soliciting orders for goods or services or distributing, disseminating or gathering information by written or spoken word upon the streets, sidewalks or alleys of the Township. A temporary use permit is required to peddle.

Pedestrian information sign plaza A freestanding on-premises sign, not attached to the exterior of a building, that lists the tenants or occupants of a group of nonresidential buildings and which directs pedestrians to the various locations, and which may include a map.

Pennant Any lightweight plastic, fabric, or otherwise flexible or reflective material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PENNDOT (aka PennDOT) Refers to the Pennsylvania Department of Transportation.

Permit A document issued by the Township, Township Zoning Officer, Township Sewage Enforcement Officer or Township Building Codes Department allowing a person to begin an activity provided for in this ordinance.

A. Permit, building - A permit issued by the Township pursuant to the International Building Code and Uniform Construction Code, as adopted by the Commonwealth of Pennsylvania and the Township, and as amended from time to time, indicating that a proposed construction of, alteration to or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Township and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this ordinance.
B. Permit, certificate of compliance - A permit that is issued that signifies that a particular zoning or building permit complies with applicable sections of this ordinance, as approved.
C. Permit, certificate of occupancy - A permit/certificate issued by the Township Building Codes Official upon completion of the construction of a structure or change in use of a structure or parcel of land indicating that the premises comply with the provisions of this ordinance and may be used for the purposes set forth in the occupancy permit.
D. Permit, zoning - A permit issued by the Township Zoning Officer authorizing or allowing a person to begin an activity or use as provided for in this ordinance. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations. A use of real property or a structure which is in conformity with those uses permitted within a particular zoning district.

Person Any individual, association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

Personal use and information sign An individual sign installed on a private residential lot by the owner or tenant of that lot for the purposes of displaying the following types of information: street addresses, nameplates, private street signs, home occupation signs, property names, for sale signs, warning signs, garage sale signs, alarm company signs, "No Trespassing" signs, "No Soliciting" signs, "Beware of Dog" signs, "No Parking" signs, "No Dumping" signs, "No Hunting or Fishing" signs, and signs for closely similar purposes.

Pets, keeping of See "animal, domestic" and "animal, exotic."

Planned residential development (PRD) An area of land, controlled by a landowner, developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of the zoning ordinance under which the specific PRD was approved.

Planning commission, township Refers to the Middle Smithfield Township Planning Commission.

Plat The map or plan of a subdivision or land development, whether preliminary or final.

Play area An area designed and constructed for outdoor active recreation, including, but not limited to, playground equipment such as slides, swings and climbing apparatus.

Plot Land occupied or to be occupied by a building or use, and its accessory buildings and accessory uses, together with such yards and open spaces as are required.

Political sign Signs used to advertise an individual candidate or slate of candidates for any public office or a statement of an opinion on a political matter or referendum. Political signs are not personal use and information signs.

Portable sign Any sign, magnetic or otherwise, not permanently attached to the ground or other permanent structure; a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising (See Figure 9-8).

Poultry See "animal, poultry."

Practicable alternative An alternative that is available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall project purposes.

Precision instrument runway A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Premises A lot or adjacent lots in common ownership, together with the buildings and structures thereon.

Primary surface (zone) An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1, is derived from the primary surface.

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

Principal structure The structure or any addition thereto in which the principal use of a lot is conducted.

Principal use The dominant use of any and all principal and accessory structures on a lot. If there is a residential dwelling and a commercial operation on the same lot but in separate structures, then each shall be considered a principal use/structure.

Private club A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other commercial enterprise open to the public (e.g., American Legion, VFW, Moose and Elks).

Private drive sign A personal use and identification sign located at the entrance of a private drive and denoting that access as private.

Projecting sign A sign which extends perpendicularly to a facade (See Figure 9-9), and which is not a Blade sign.

Property line A recorded boundary of a plot or deed.

Property owner See "owner."

Public hearing A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the MPC.

Public notice Notice required by the Pennsylvania Municipalities Planning Code, as amended from time to time. (Note: at the time of adoption of this chapter, notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days, from the date of the hearing.)

Public notification sign A temporary public use and information sign installed by a government employee that provides public notice of a government event.

Public use and information sign Signs installed by a public entity (such as the Township, commonwealth, school district or federal government). Public use and information signs include, but are not limited to street signs, traffic control signs, public notification signs, and any other sign required by the Township to provide services to its residents. Public use and information signs also include, but are not limited to, off-premises signs specifically authorized by PennDOT regulations to direct persons to tourism attractions.

Quarry See "extractive operation, sand and gravel pit, asphalt/concrete plant."

Race track A measured course where animals, vehicles and/or machines may be entered in competition against one another or against time, including tracks used only in the training of animals.

Real estate sign A temporary individual sign announcing the proposed sale or lease of part or all of a structure or land.

Rear yard setback See "setback, rear yard."

Recreation, active Leisure time activities, usually of a more formal nature and performed with other individuals, often requiring equipment and taking place at prescribed places, sites or fields. Such areas usually require physical alteration to the area before they can occur and are intensively used, such as playgrounds, ball courts and swimming pools.

Recreation, passive Leisure time activities, usually of an informal nature, such as hiking and picnicking.

Recreational camping park Includes commercial camps and resort camps as defined below:

A. Recreational camping park, commercial camp - A business offering dormitories, cottages, cabins or similar accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public on other than a transient basis. This definition does not include "trailer camp."
B. Recreational camping park, campground - Any privately or municipally owned parcel of land accessible by automobile or other engine-driven vehicle designed for the purpose of supplying accommodations for overnight use by campers, whether sleeping in tents, pop-ups and/or other recreational vehicles, and may include associated recreational facilities.

Recreational facility Facility designed for outdoor/indoor recreation owned and operated by private and/or public entities.

Recreational vehicle A vehicle which is designed for recreational use, regardless of size, which is not designed to be used as a permanent dwelling and which is self-propelled or is designed to be towed by a light-duty vehicle; includes campers, pickup coaches, travel trailers, motor homes and vehicles of like nature.

Recreational vehicle A vehicle which is:

A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling collection center A center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Collection centers include: reverse vending machines occupying more than 75 square feet, a mobile recycling unit, kiosk-type units that may include permanent structures and unattended containers placed for the donation of recyclable materials.

Regulatory flood elevation The base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet.

Repetitive loss Flood-related damages sustained by a structure on two separate occasions for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

Residential area The PRD, R-1, R-2 and R-3 Zoning Districts.

Resort complex/commercial resort development A property of 10 acres or more on which are located multiple facilities offering a combination of eating, lodging, recreational and/or commercial enterprises.

Resource recovery facility Facility designed and operated to collect, separate, process and recycle waste material for reuse.

Restaurant A commercial establishment in which the principal use is the preparation and sale of food and beverages and may also include an outdoor dining area.

A. Restaurant, drive-in - A building and adjoining parking area used for the purpose of furnishing food, soft drinks, ice cream and similar confections to the public, normally for consumption outside the confines of the principal permitted building or in vehicles parked upon the premises, regardless of whether or not, in addition hereto, seats or other accommodations are provided inside for the patrons. Services are offered principally while patrons remain in their vehicles.
B. Restaurant, outdoor dining area - A porch, patio, deck or other area of land used for seated eating or drinking which is not within the interior building walls of a restaurant. May also be located on a public sidewalk, which provides waiter or waitress service and is either an enclosed or unenclosed outdoor dining area, as defined. No portion of an outside dining area shall be used for any purpose other than dining or drinking and circulation therein.

Retail sales establishment, seasonal See "use, temporary."

Retaining wall A wall or similar structural device used at a grade change to hold the soil on the uphill side from slumping, sliding or falling.

Riding academy An establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction and equestrian competition may be offered, including but not limited to polo clubs, public show rings and rodeos.

Roof sign A sign that is mounted on the roof of a building and which extends in height above the total structural height of the building roof. (See Figure 9-10).

Rooming house or lodging house See "dwelling, boardinghouse."

Runway A defined area of an airport prepared for landing and takeoff of aircraft along its length.

Rural area The CON and RR Zoning Districts.

Salvage See "junk."

Salvage yard See "junkyard."

Sand pit See "extractive operations, sand and gravel pit, asphalt/concrete plant."

Sanitary sewer A sewer that carries sewage and excludes stormwater, surface water and groundwater.

School An institution for the teaching of children or adults, including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools and similar facilities.

Screen, landscape See "buffer."

Senior active adult development A residential community for active adults that meets the following requirements: comprised of one or more dwelling unit types; provides particular features and facilities to specifically serve the needs and interests of the residents; and no more than four persons occupy a dwelling on a permanent basis, at least one of whom shall be 55 years of age or older. No persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.

Service business An establishment intended to provide services to individuals or other businesses such as, but not limited to, advertising, copying and printing, office supplies, travel, equipment rental, building maintenance, amusement arcade and other such services.

Setback The minimum distance measured horizontally and at 90º (perpendicular) from the edge of the right-of-way of the road or a property line to the outermost projection of a building or appurtenance to a structure permanently fixed on a building lot or real estate property. With respect to roads, highways or other public or private ways with an undeterminable right-of-way, such setback shall be measured coincident with the line marking the outer portion of the traveled way or other outer portion of the berm, whichever shall provide the maximum width for street purposes. A building and/or structure should not extend into the minimum yard setbacks unless otherwise expressly permitted in this chapter.

A. Setback, building line - The minimum distance as established herein from the front, side and/or rear lot line to the point where improvements may be constructed on any given lot pursuant to the restrictions set forth herein.
B. Setback, front yard - A line running parallel to the front lot line and/or street right-of-way line as required by this chapter; such line shall extend the full width of the lot from side lot line to side lot line.
C. Setback, side yard - A line which establishes the minimum setback for the closest portion of the subject structure and which is measured from along the entire length of the side lot line and which extends from the front setback line to the rear setback line.
D. Setback, rear yard - A line extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure and which stretches between the side lot lines parallel to the rear lot line.

Sewage A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals; a substance harmful to the public health, to animal or aquatic life or to the use of water for domestic water supply or for recreation; or a substance which constitutes pollution under the Clean Streams Law.

Sewage facilities system A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. The term includes:

A. Sewage facilities system, centralized - A public utility system or other multidwelling sewage disposal treatment system designed to collect, centrally treat and dispose of sewage from users in compliance with regulations of the appropriate governmental agency, local, state or federal, whichever may be more stringent. A permit shall be obtained from the appropriate governmental agency for a centralized sewage disposal system prior to the start of its construction.
B. Sewage facilities system, individual - A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into the waters of this commonwealth or by means of conveyance to another site for final disposal.
C. Sewage facilities system, on-lot - An on-lot individual system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining bank.

Sewage treatment plant Any facility designed for the treatment of sewage that serves in excess of two structures or dwelling units.

Sewer A pipe located in a public right-of-way or easement which transports sewage. The term "sewer," as used herein, includes manholes, connections and all other appurtenances.

Sewer connection The connection consisting of all pipes, fittings and appurtenances, from the drain outlet of a dwelling or building to the lateral of the sewer.

Sewer, lateral sanitary That portion of the sewer system extending from the sewer to the curb line, or if there is no curb line to the property line, or if no such lateral shall be provided, then "sanitary sewer lateral" shall mean that portion of a sewer which is provided.

Sewerage service, public Public sewerage service that is owned and operated by the Township or a Township-authorized municipal authority and is a DEP-approved sewerage system.

Shed See "accessory structure."

Shooting range An area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, bows, crossbows, skeet, trap, black powder or any similar firearm.

Shopping cart corral sign A sign fastened to a shopping cart corral structure designating the structure for the return of shopping carts.

Shopping center A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Short-term rental Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2004-03, as amended.

Side yard setback See "setback, side yard."

Sidewalk sale See "special event."

Sight distance The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic; this distance shall be compliant with PennDOT design criteria, as amended from time to time.

Sight triangle An area alongside a public or private street, alley, avenue, boulevard, road, parkway, drive or other way, which area may include private property, required to be kept free of certain visual obstructions to the driver of a passenger vehicle when the view is unobstructed by traffic.

Sign Any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination thereof) used for visual communication, intended to attract the attention of the public and visible to the public right-of-way or other properties. The term "sign" shall not include any flag, badge or insignia of any governmental unit. See also the sign portion of this chapter for additional definitions for sign types.

Sign Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign alteration Any change to any feature of a sign, including, but not necessarily limited to, location, area, height, or physical design features, excluding, however:

(1) Changes in copy and/or the advertising message;
(2) Regular maintenance of the sign, including electrical, repainting, or cleaning of a sign; or
(3) The repair of a sign.

Sign setbacks The minimum distance required between any property line and any portion of a sign or sign structure and/or the required spacing between two signs.

Sign structure The supports, uprights, bracing or framework of any structure exhibiting a sign, be it single-faced, double-faced, V-type or otherwise. Any trailer, vehicle and/or any other device that is readily movable and designed or used primarily for the display of signs (rather than with signs as an accessory function) shall be construed to be a sign structure.

Site alterations This term shall include one or more of the following activities:

A. Filling of lakes, ponds, marshes or floodplains or alteration of watercourses.
B. Clearing and grading of more than 5,000 square feet, other than selective thinning of existing vegetation or trees.

Site plan A plan drawn to scale, showing uses, site improvements and structures proposed for a parcel of land as required by this chapter and other regulations of the Township.

Site plan approval A process for the review and approval of a land development plan.

Ski area An area developed for snow skiing, with trails and lifts, and including sales, rentals and services of related equipment and accessories, instruction, and may include restaurants.

Slaughterhouse A facility for the slaughtering and processing of animals and the refining of their by-products.

Slope The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.

Slope, steep Slopes of a gradient of 15% or steeper.

Snipe sign A sign that is attached to a tree, pole, stake, fence or similar object, and which is readable from a street, and which is not allowed in that location by this article as a different type of sign.

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

Solid waste Any garbage, refuse, rubbish or other discarded materials in solid or liquid form.

Sorority/fraternity See "dwelling, dormitory."

Special event A temporary use such as circuses, fairs, carnivals, festivals, bazaars, sidewalk sales, concerts, neighborhood fairs and other types of special events that run for no longer than seven consecutive calendar days up to four times a year, are intended to or likely to attract substantial crowds and are unlike the customary or usual activities generally associated with the property where the special event is to be located. There shall be at least a thirty-day period between such occurrences. A parade is also considered a special event or temporary use. Temporary uses are subject to the conditions set forth in accessory uses, as outlined in Article IV of this chapter.

Special event sign Individual signs announcing special events, including but not limited to:

(1) Auctions, grand openings, new management, going out of business and similar purposes;
(2) Events sponsored by religious, charitable, or public service groups;
(3) Festivals within a resort complex or commercial resort; or
(4) Festivals sponsored by the Township.

Special exception A use permitted in a particular zoning district pursuant to the provisions of ARTICLE VIII: Administration, § 084-030, Permit application procedure for special exception uses.

Special flood hazard area (SFHA) An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A or AE.

Stable Any structure or land used, designed or arranged for the maintenance, feeding, housing and riding or rental of horses, mules, ponies and/or donkeys, either with or without a bridle path or riding area, but excluding structures or land used, designed or arranged for the maintenance of horses or mules used exclusively for agricultural purposes.

Stacking lane A paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.

Start of construction Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Store, large retail A singular retail or wholesale user, who occupies more than 75,000 square feet of gross floor area, selling food, drugs, household merchandise, clothing and a variety of other retail goods. The store may, in some cases, include limited medical services, and has a regional sales market.

Store, retail A singular retail or wholesale user, who occupies less than 75,000 square feet of gross floor area, selling one or more of the following: food, drugs, household merchandise, clothing and/or a variety of other retail goods.

Stream See "watercourse."

Street A public or private thoroughfare which provides the principal means of vehicular access to two or more lots. See the Middle Smithfield Township Subdivision and Land Development Ordinance, as amended from time to time, for additional definitions and descriptions of the different types of streets.

Street access Access to a publicly owned road by a permitted driveway.

Street sign A public use and information sign identifying the name of a street or road.

Structure Anything erected, built or constructed, whether installed on, above or below the surface of a parcel of land and/or water. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless a specific setback is established for that particular type of structure or setbacks are noted on a previous land development and/or subdivision map. For the purposes of this chapter, fences, utility poles, stormwater facilities, wells, paving and septic systems shall not be considered structures.

A. Structure, nonconforming - A structure, or portion thereof, that no longer conforms to the site area, coverage, setback or other open space, height or other regulations prescribing physical development standards for the district in which such structure is located but which legally existed prior to the adoption date of this ordinance.
B. Structure, nonconforming, illegal - A structure that did not legally exist prior to the adoption of this ordinance and does not conform to the current ordinance requirements for the district in which it is located.
C. Structure, temporary - A structure that is required for a limited period of time as stated on the zoning permit. The use of the structure, such as, but not limited to, sales office or temporary residence, shall dictate what accessory facilities must be provided with the temporary structure, such as, but not limited to, parking, access and sanitary facilities. Once the permit expires for a temporary structure it must be removed from the site and the site returned to its original condition, at the applicant's expense.

Structure An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

Structure Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, fences, walls, storage tanks, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.

Subdivision The division or redivision of land into two or more lots, tracts, parcels, sites or divisions.

Subdivision identification sign A type of ground sign located at the entrance of a Township-approved subdivision or multifamily complex and identifying the name of the development. A subdivision identification sign is not a freestanding sign.

Subdivision plan A map, prepared by a Pennsylvania-licensed civil engineer or a Pennsylvania-licensed land surveyor, showing the subdivision of land into lots.

Substantial damage Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Substantial improvement

A. Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
B. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

Surgery center A medical facility that focuses on outpatient surgery and has limited facilities for overnight stays. See medical facilities use regulations.

Tavern See "nightclub/bar/tavern."

Theater A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis, but not including an outdoor drive-in theater or adult movie theater.

Townhouse See "dwelling, townhouse."

Township The Township of Middle Smithfield, Monroe County, Pennsylvania.

Traditional neighborhood development (TND) An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks which provide multiple routes from origins to destinations and is appropriately designed to serve the needs of pedestrians and vehicles equally.

Traffic control sign A public use and information sign used to direct traffic, control direction or speed, or warn pedestrians and motorists of hazards or unusual road conditions.

Transfer of development rights (TDR) The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.

Transitional surface (zone) An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.

Transportation terminal for inter-city shuttle service Facility designed for the parking of vehicles and transfer of persons to buses for transport to other destinations, generally for commuter use, in accordance with ARTICLE IV: Use Regulations Within Zoning Districts of this chapter.

Treatment center

A. A dwelling unit/facility operated by a responsible individual, family or organization, other than a prison, with a program designed to provide a supportive living arrangement and providing housing for three or more unrelated persons who require specialized housing, treatment and/or counseling due to:

(1) Criminal rehabilitation (e.g., criminal halfway house);
(2) Addiction to controlled substances and/or alcohol (e.g., alcohol treatment facility, drug treatment center); and/or
(3) Other types of mental illness or behavioral abnormalities (e.g., independent psychiatric institutions).

B. A treatment center is not a group home under the Federal Fair Housing Act, as amended.

Tree Any object of natural growth.

Truck terminal A facility for the receipt, transfer, short-term storage and dispatching of goods transported by truck. Included in the use type would be express and other mail, bulk mail and package distribution facilities.

Use The purpose for which land or a building is arranged or intended or for which either land or a building may be occupied or maintained.

A. Use, conditional - Certain specified uses which are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this ordinance and the MPC.
B. Use, permitted - Any use which does not require special action by the Zoning Hearing Board or by the Board of Supervisors before a zoning permit is granted by the Zoning Officer. A "permitted use" and a "use permitted by right" may be used interchangeably with the same intent.
C. Use, temporary - A use established for a limited duration to be discontinued upon the expiration of the time period which may require a permit.
D. Use, special exception - An approval granted to use land in a zoning district for a purpose other than that generally permitted outright in that district. The permission or special exception is granted by the Zoning Hearing Board in accordance with standards and criteria set forth in this ordinance and the MPC, provided generally that the specific application of the use would not prove injurious to the public interest.

Utility runway A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight or less.

Variance The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land and/or structures because compliance cannot be met with at least one specific requirement of this chapter. A variance shall only be granted within the limitations of the MPC, as amended from time to time.

Vehicle parking lot or garage A lot, building or portion thereof, other than an automobile sales lot, used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof or junk.

Vehicle sales A structure and/or outside area set aside for the sale of vehicles, with or without accessory service facilities.

Vehicle service and repair facility A building or lot or part thereof where repairs, improvements and installation of parts and accessories for motor vehicles are conducted that involve work that is more intense in character than work permitted under the definition of "gas station." "Vehicle service and repair facility" shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. Any use permitted as part of a gas station is also permitted as part of a vehicle service and repair facility.

Vehicular directory sign A sign containing one or two sides which displays smaller signs, often of equal size, to provide directions to motorists within a nonresidential lot, development or site. For the purposes of this article, drive-through menu signs are also classified as vehicular directory signs.

Vehicular sign Any sign of more than 40 square feet of sign area that is displayed within clear view of a public street on a parked vehicle or trailer or that is transported by a vehicle, where the primary purpose of such vehicle, trailer or transported sign is to advertise a product, service or business or to direct people to a business or activity. If a vehicle or trailer is used on a daily basis to transport persons and materials off of the site, it shall not be considered to be a vehicular sign.

Vending machine sign An individual sign that was incorporated into the design of a vending machine and cannot be removed from the machine. These signs advertise either the distributor that stocks the machine or the major supplier of the machine's contents.

Veterinarian office or clinic An establishment offering veterinary services for all types of animals and which may include indoor and overnight boarding for animals.

Violation The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Visual runway A runway intended solely for the operation of aircraft using visual approach procedures.

Wall sign A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.

Warning sign See "personal use and information sign."

Water connection The connection consisting of all pipes, fittings and appurtenances from the water main to the internal distribution system of the dwelling or nonresidential unit.

Water service, central Water supply service to a building and/or structure by a state-approved water supply system which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.

Water service, on-lot Water supply service to a building and/or structure via an individual on-lot well.

Water service, public Central water service by a system owned and/or operated by a municipality, a municipal authority or the public utility.

Water supply system, centralized A public and/or private utility system or other centralized water supply system designed to supply and transmit water from a common source for two or more users in compliance with the Pennsylvania Department of Environmental Protection regulations, as amended. All appropriate permits shall be obtained from the appropriate local and/or state agencies for a centralized water supply system prior to the start of construction, and a copy shall be supplied to the Township prior to the start of construction.

Water supply system, community A system designed to supply and transmit water from a common source for two or more users, owned and operated by the users or by an association or group made up and/or controlled by said users in compliance with the Pennsylvania Department of Environmental Protection regulations, as amended. All appropriate permits shall be obtained from all local and/or state agencies for a community water supply system, and copies of such permits shall be furnished to the Township prior to the start of construction.

Watercourse A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

Watercourse Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial, intermittent or seasonal flow.

Wetlands An area of land that is inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wholesale/warehousing Buildings and outside areas designed for the storage, warehousing and/or wholesale marketing of commercial and/or industrial goods. This use also covers the storage of household/individual items of persons for short-term storage in facilities designed for lease by individuals (i.e., mini-warehouse).

Wind energy system Accessory devices and equipment designed to collect wind power and convert same into usable energy.

Window sign A sign painted or attached to a window or transparent door, and which can be read from outside the building and which provides advertisements or information to persons standing outside the building.

Wireless communication facility See "communications equipment building."

Worship, place of, and related uses The use of all or a portion of lands or a building or structure, or group of buildings or structures, as a place of worship, including accessory uses such as a convent, religious-related educational and/or day-care center, monastery or similar religious institution, including rectories, parsonages and parish houses for an organization solely or primarily used as a religious institution when located on the same premises.

Yard An open space unobstructed from the ground up to the sky except for permitted projections and plantings on the same lot on which a building is situated, extending along a lot line or street line and inward to the structure. As used herein, the size of a required yard (whether front, side or rear) shall be measured as the shortest distance between the structure and a lot line and/or street line.

A. Yard, front - The area between the front lot line and the front yard setback.

(1) The front yard shall be on a side that faces towards a public street whenever one public street abuts the lot.
(2) Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard.

B. Yard, rear - The area between the rear lot line and the rear yard setback.
C. Yard, side - The area between the side lot line and the side yard setback.

Yard sale sign See "garage sale sign."

Zoning district A land area within which certain uniform regulations and requirements apply under the provisions of this chapter.

Zoning hearing board The Zoning Hearing Board of Middle Smithfield Township.

Zoning map The map established by the Township governing body designating the location and boundaries of the zoning districts established within the Township, as may be amended from time to time, and herein referred to as "Zoning Map."

Zoning officer The administrative officer charged with the duty of enforcing the provisions of this ordinance.

Zoning ordinance The "Zoning Ordinance of Middle Smithfield Township of 2010-A," as may be amended from time to time.

Zoning permit See "permit, zoning."

Township of Middle Smithfield, PA

MapLink™ | Definitions