Township of Middle Smithfield

Accessory solar energy systems (ASES)

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.

Development Requirements:
H12 accessory solar energy system ("ASES").

(1) Criteria applicable to all accessory solar energy systems:

(a) An accessory solar energy system is permitted by right in all zoning districts as an accessory to a principal use. An accessory solar energy system may be roof-mounted or ground-mounted.

(b) Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.

(c) All such uses shall primarily serve on-site generation needs. If a hookup to a public or community utility system is proposed, the utility company shall provide written authorization of such arrangement by submitting a copy of the agreement to the Township.

(d) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

(e) All electric wiring and connections from such uses shall be located underground and in accordance with the appropriate building code, as amended.

(2) Ground-mounted ASES:

(a) A ground-mounted ASES shall meet the setback requirements for accessory structures.

(b) Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting requirements of the zoning ordinance may be used.

H14 Use, temporary.

(1) A "temporary use" may also be defined as a "special event" and "retail sales establishment, seasonal." Applicants shall remove all evidence of such temporary use within five business days of the end of the temporary use, and the site shall be restored to pre-use condition.

(2) Parades and peddling are considered temporary uses.

(3) A seasonal retail sales establishment cannot operate for more three consecutive months per year on a lot.

See § 200-044-080L for complete, detailed information.

Accessory structures

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.

Vehicle Parking:
Parking for motor vehicles, provided that there shall not be exterior parking of more than one commercial vehicle. A maximum of two commercial vehicles may be parked on the lot. No truck parked on the lot shall have an aggregate gross vehicle weight of greater than 14,000 pounds, unless it will be kept a minimum of 100 feet from the lot line of any other dwelling. One school bus may be parked on a residential lot if the resident is a school bus driver and is required to bring the vehicle home.

Development Requirements:
For additional Development Requirements, please see § 044-080: H Accessory uses and structures..

Accessory uses

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

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
For additional information, please see § 200-044-060A.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 10 acres.

(2) The keeping of animals, other than pets, on 10 acres or more of contiguous land shall constitute agriculture, intensive and shall be governed by Pennsylvania Act 38 of 2005, as may be amended, known as the "Agriculture, Communities and Rural Environment Act (ACRE)."

(3) All other rules and regulations set forth in § 200-044-010A, general, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.

(4) Any building or structure used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any street or property line. Livestock and poultry are not permitted to run at large. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the owner's.

(5) Silos shall be situated not less than the height of the silo from any street or property line.

(6) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The agriculture, retail use shall be an accessory use incidental to, and at the location of, one of the following uses: agriculture, general, agriculture, intensive and nursery.

(2) Retail sales shall be limited to products produced by the agriculture, general and/or agriculture, intensive and/or nursery uses.

(3) Any structures erected for the agriculture, retail accessory use that are not permanent in nature shall be disassembled during seasons when products are not offered for sale.

(4) No agriculture, retail accessory use structure shall be located closer than 50 feet from a lot line of an existing dwelling.

(5) No agriculture, retail accessory use structure shall exceed 5,000 square feet of gross floor area.

(6) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) See Article VI, Development Options, Division 64, Airport Overlay District use regulations governing airports.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Storage yards shall be fully enclosed by fencing.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Bus maintenance/storage yard

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Bus shelter

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Bus shelters shall be allowed in a all districts by right, if the shelter will be regularly served by a school bus or a regularly scheduled Monroe County Transit Authority (MCTA) bus route.

(2) The location of any bus shelter shall be subject to approval by the Township.

(3) A bus shelter shall have a maximum floor area of 60 square feet and be firmly anchored on concrete.

(4) A bus shelter shall be constructed primarily using clear, shatter-resistant materials.

(5) A bus shelter shall not obstruct a clear sight triangle.

(6) Abandoned bus shelters must be removed within 30 days of abandonment.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) At least 70% of the gross floor space of the business park shall be utilized for office uses.

(2) All uses within the business park shall take access from an interior roadway.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A cemetery may be located on the same lot as an allowed place of worship.

(2) In no case shall any cemetery, grave site and/or structure relating to a cemetery be located within the one-hundred-year floodplain of an adjacent watercourse.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Communications antenna/tower and communications equipment building

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
See § 200-044-050B for more information.

Community center

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) See ARTICLE VI: Development Options for regulations governing conservation developments which are incorporated into this provision by reference thereto as though set forth in their entirety herein.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Convenience store and/or gas station

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.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Day-care center, exempt premises

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.

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 -- 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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A stacking lane, serving a minimum of eight cars, shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Except for a dwelling, accessory apartment developed as part of a TND, all other dwelling, accessory apartments shall only be occupied by a relative of the owner-occupant of the principal dwelling unit.

(2) Accessory apartments may contain separate cooking, sleeping, living and bathroom facilities.

(3) There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood.

(4) No more than one accessory apartment shall be permitted per single-family detached dwelling, per lot.

(5) Each accessory apartment shall be registered with the Middle Smithfield Township Zoning Officer, who shall keep a record of its use to ensure compliance with this section.

(6) Access for the accessory apartment shall be restricted to the existing access to the lot; no additional or multiple driveways will be permitted.

(7) The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory apartment as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
See § 200-044-020B for more information.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Maximum density: six bedrooms per acre. (Each bedroom is limited to two persons.) In no case shall the lot serve a total of more than 20 persons.

(2) If an existing structure is converted into a boardinghouse, then the supplementary use regulations for § 200-044-020H, shall also apply to this use to the extent they do not conflict with the supplementary use regulations set forth in this § 200-044-020B.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) All units within the project shall be connected to a publicly or privately owned central sanitary collection and treatment system and a central potable water distribution system. The system shall meet appropriate minimum water pressure and fire flow and hydrant requirements.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Dwelling, group home uses shall meet the supplementary use regulations for the particular type of dwelling which they occupy.

(2) All zoning permit applications for a dwelling, group home shall state, in addition to standard application information, the following:

(a) Number of residents in said dwelling.

(b) Number of professional staff members for said dwelling.

(c) Type or classification of residents.

(d) Whether twenty-four-hour, on-site staffing is required and, if so, a statement that twenty-four-hour, on-site staffing will be provided.

(e) License number and/or certification number and/or permit number from the Commonwealth of Pennsylvania for the operation of said dwelling, group home. A copy of said license, certification and/or permit shall be attached to the zoning permit application.

(f) Description of the nature of care/treatment provided at the dwelling, group home.

(g) Identification of the sponsoring agency, if any, of said dwelling, group home.

(h) Verification that local emergency service providers have been notified, in writing, of the presence of the dwelling, group home.

(3) The base maximum capacity in a dwelling, group home is six persons (Professional and staff personnel are not included in this calculation.); however, a higher number of residents may be approved by the Board of Supervisors as part of the conditional use process, depending on the type of dwelling unit(s) being occupied and the infrastructure (i.e., water, sewer, parking and so forth) available to said use.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Dwelling, single-family detached

A detached building designed for and occupied exclusively by one family, except for a mobile/manufactured home, as defined herein.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) All townhouse or rowhouse dwellings shall be serviced by either a centralized sewage facilities system and either a centralized or community water supply system.

(2) Vehicular access points onto all public streets shall be minimized to the lowest reasonable number; no townhouse dwelling within a tract of three or more dwelling units shall have its own driveway entering onto a public street.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A dwelling, twin dwelling unit shall have only one driveway access point onto a public road.

(2) If a dwelling, twin dwelling unit shares a water and/or sewer facilities system, any applicant for a zoning permit must provide to the Zoning Officer a fully executed and recorded agreement for the ownership and maintenance of said joint system(s) prior to the issuance of a zoning permit.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Extractive operation, sand and gravel pit, asphalt/concrete facility

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.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or 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.

Helipad or heliport

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."

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The applicant shall provide proof of approval from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the issuance of a zoning permit.

(2) No pad for any helipad or heliport shall be within 300 feet of any nonresidential property line and 500 feet of any residential property line.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A homeless shelter, permanent can be situated in any of the following dwelling types and shall be compliant with all of the supplementary use regulations set forth herein for said use. These uses include:

(a) Dwelling, duplex.

(b) Dwelling, mobile/manufactured home.

(c) Dwelling, single-family detached.

(d) Dwelling, townhouse or rowhouse.

(e) Dwelling, twin dwelling unit.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The homeless shelter, temporary shall be sponsored and supervised by a government agency or a nonprofit organization.

(2) The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements.

(3) The applicant must prove that there are adequate sanitary facilities to serve the temporary use.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Junkyard

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas; the contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed and shall be stored in such a manner to insure that it will not be transferred out of the junkyard by wind, water or other natural causes.

(2) The storage and/or dumping of trash, garbage, biodegradable material, toxic chemicals or nuclear wastes shall be prohibited.

(3) All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.

(4) All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided to prevent contamination of groundwater or nearby waterways. The base should be sloped to drain to a sump or holding tank, and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to state regulations, as amended.

(5) All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

(6) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: six acres.

(2) All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines in a residential or conservation zoning district.

(3) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

(4) Kennels covered by this use category must be constructed and operated in accordance with the Canine Health Board Standards for Commercial Kennels, as established by the commonwealth, as may be amended from time to time.

(5) The keeping of exotic animals shall not be permitted.

(6) All other rules and regulations set forth in Subsection D, Kennel, state-licensed, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.

(7) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: six acres.

(2) Minimum setback: All boarding buildings, outdoor pens, stalls and runways shall be located at least 200 feet from all residential lot lines in a residential zoning district.

(3) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

(4) Outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.

(5) No animal shall be permitted to use outdoor runs from 11:00 p.m. to 6:00 a.m. that are within 200 feet of an existing dwelling in a residential zoning district.

(6) The keeping of exotic animals shall not be permitted.

(7) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
See § 200-044-070F for additional information.

Library or museum

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot size for park: 2.5 acres.

(a) Requirements for individual lots within the Manufactured Home Park: (See § 200-044-020M for full table of requirements.)

(2) Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

(3) All units within the mobile home park shall be serviced by either a centralized sewage facilities system and either a centralized or community water supply system.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The manufacture of fireworks shall not be allowed in the C1 District. Fireworks that may be manufactured, stored and/or warehoused in the Industrial District shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The use shall be conducted within a completely enclosed building.

(2) The use shall not create explosive or fire hazards.

(3) The use shall not involve outdoor storage of materials that exceeds more than 50% of the building floor area.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Medical facilities

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) Business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

Nursery

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: five acres.

(2) No structure intended for the nursery use, other than a dwelling or residential accessory use, shall be constructed within 100 feet of any adjoining street or property line.

(3) Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.

(4) The maximum impervious surface ratio shall be 10%. This ratio may be exceeded, provided the requirements of intensive agriculture are met and provided intensive agriculture is a permitted use in the applicable zoning district.

(5) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Open-air business/flea market

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: two acres.

(2) Minimum setbacks: 50 feet from any lot line and/or street line.

(3) Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

(2) No such storage or display shall occur on areas with a slope in excess of 25% or within the one-hundred-year floodplain.

(3) Tire storage.

(a) For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard.

(b) Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks, and from all lot lines by a minimum of 25 feet. If tires are stored on a lot for more than six months, they shall be stored within a building or trailer.

(c) The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

Pets, keeping of (animals, domestic and animals, exotic)

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A noncommercial kennel shall be established as an accessory use only.

(2) No more than a combination of five dogs, cats or other small animals ordinarily kept by residents of each dwelling unit shall be kept under the permanent care of the occupants.

(3) Animal shelters and runs shall not be located closer to the property line than 15 feet or the minimum yard requirement, whichever is greater.

(4) Animals shall not be permitted to run at large.

(5) Animal shelters and runs shall be properly cleaned and maintained to prevent the creation of any nuisance, health hazard or odor, as regulated by this chapter.

(6) Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.

(7) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Principal solar energy systems (PSES)

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.

Development Requirements:
(1) Criteria applicable to all PSES:

PSES shall be permitted by conditional use only in the I Commercial Industrial Zoning District.

The PSES layout, design and installation shall conform to applicable industry regulations and with all other applicable building, fire and life safety requirements.

All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.

All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

Signage shall comply with the prevailing sign regulations.

The PSES shall meet the lot size requirements of the applicable zoning district.

PSES shall comply with the following setback requirements:

[1] Building setbacks of the I District shall apply, except that when adjacent to any residential district or parcel, the solar panels must meet a minimum fifty-foot setback. Fencing shall comply with the setbacks of the I District.
[2] If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make the most efficient use of the project area.

No PSES shall encroach within any wetlands, wetland buffer, watercourse buffer, steep slopes, floodplains, floodways and/or other sensitive natural areas identified during the conditional use hearing.

(2) Ground-mounted PSES.

The PSES shall meet the lot size requirements of the underlying zoning district.
Setbacks:

[1] PSES shall comply with the setbacks of the underlying zoning districts for principal structures.
[2] Fifty feet from adjacent residential districts or structures.

Ground-mounted PSES shall not exceed 15 feet in height.

Impervious coverage:

[1] The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.
[2] Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.

Screening and vegetation:

[1] Street screening shall consist of slat fencing or shrubs, six feet to eight feet high when mature, that shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way.
[2] Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching six feet to eight feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township.
[3] Perimeter fence shall be placed between shrubs and solar panels.
[4] Widespread use of herbicides to control ground cover growth is prohibited.
[5] The applicant shall agree to, execute and record a maintenance agreement ensuring the continued maintenance of the screening in a manner and form acceptable to the Township, including but not limited to the posting of a performance guarantee.

The ground-mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state, or local authority.

Unless agreed to by the easement or right-of-way holder, ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Security.

[1] All ground-mounted PSES shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate.
[2] A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence and on the surrounding the PSES informing individuals of potential voltage hazards.
[3] Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 20 feet.

If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be returned to an environmentally stable condition.

(3) Roof- and wall-mounted PSES.

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

See § 200-044-050F for complete, detailed information.

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).

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 30 acres.

(2) The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law and the practices prescribed by the Manure Management Manual.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 20 acres.

(2) Minimum setback requirements for all campsites and structures shall be 75 feet from any lot line unless the abutting zoning district is CON; in that case, the setback shall be 40 feet.

(3) No person other than a bona fide resident manager/caretaker shall reside at a recreational camping park for more than six months in any calendar year.

(4) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Recreational facility

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

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Setback requirements shall meet the requirements for the principal use in the district in which it is located.

(2) Outside storage is not allowed.

(3) Owners of the recycling collection centers shall have a sufficient pickup schedule to insure that material does not overflow the containers provided. If material continues to overflow the containers after receiving three notices from the Township, the permit for the recycling collection center may be revoked and the recycling collection center removed at no expense to the Township.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) See Division 61: Resort Complex/Commercial Resort Development Option use regulations governing resort complex/commercial resort developments.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Resource recovery facility

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
See § 200-044-070I for more information.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A stacking lane, serving a minimum of eight cars, shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

(2) No structure intended for the riding academy use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.

(3) No corral or fenced-in area shall be within 50 feet of any street or lot line.

(4) All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.

(5) The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law and the practices prescribed by the Manure Management Manual.

(6) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
See Division 62: Senior Active Adult Development Option, for regulations governing senior active adult developments.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Slaughterhouse

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

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) All storage and processing shall be conducted inside of a structure.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

(2) No structure intended for the riding academy use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.

(3) No corral or fenced-in area shall be within 50 feet of any adjoining street or property line.

(4) All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.

(5) The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this ordinance to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law and the practices prescribed by the Manure Management Manual.

(6) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) The time period of the initial permit for a temporary structure shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Extensions must be approved by the Zoning Officer. A garage or other accessory building, partial structure or temporary structure may be used for dwelling purposes subject to cooking and sanitary services being provided. Such structure or use shall be removed completely upon expiration of the permit without cost to the municipality.

(2) The applicant shall provide the Township with plans for temporary structures to ensure: adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after the expiration of the zoning permit allowing for said temporary structures. The plans shall be reviewed by the Planning Commission and the Board of Supervisors prior to the issuance of a zoning permit for the temporary structures.

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.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Minimum lot area: 10 acres.

(2) Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Use, temporary

A use established for a limited duration to be discontinued upon the expiration of the time period which may require a permit.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A "temporary use" may also be defined as a "special event" and "retail sales establishment, seasonal." Applicants shall remove all evidence of such temporary use within five business days of the end of the temporary use, and the site shall be restored to pre-use condition.

(2) Parades and peddling are considered temporary uses.

(3) A seasonal retail sales establishment cannot operate for more three consecutive months per year on a lot.

(4) A land development plan is required in compliance with SALDO requirements.

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 Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) No vehicles shall be displayed within any setback area.

(2) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Junk vehicles or vehicles awaiting repair shall not be stored outdoors for more than 30 days.

(2) No vehicles shall be stored within any setback area.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Veterinarian office or clinic

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

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).

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) Explosives shall not be allowed in the C1 District. Explosives that may be stored and/or warehoused in the Industrial District shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.

(2) Mini-warehouses shall also meet the following criteria:

(a) Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored. The outdoor storage area shall not be located in the required yards and shall not interfere with traffic movement through the complex. Outdoor storage areas shall be properly screened so as not to be visible from any adjacent streets or property.

(b) Trash, radioactive or highly toxic substances, garbage, refuse, explosive materials, hazardous substances or similar items shall not be stored.

(c) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(d) Such use shall be surrounded by a fence at least six feet in height.

(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Wind energy systems

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

Development Requirements:
Such accessory uses shall not be located within the front yard or within the minimum required side and/or rear yards.

Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment.

All electric wiring and connections from such uses shall be located underground and in accordance with the appropriate building code, as amended.

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side or rear yards.

Windmills.

(a) Windmills shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning district or 1.1 times the overall height of the windmill, whichever is greater.

(b) No windmill shall be permitted with a design which permits any vane, sail or rotor blade to pass within 15 feet of the ground.

(c) All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base.

(d) Maximum height: none. A windmill shall not be subject to the maximum height restrictions of this ordinance, except as imposed by FAA regulations.

See § 200-044-080O for complete, detailed information.

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.

Vehicle Parking:
Determined on a case-by-case basis in ARTICLE V: Off-Street Parking and Loading.

Development Requirements:

(1) A worship-related residence shall be accessory to, and located upon the same parcel as, the place of worship and subject to all the underlying zoning district's regulations.
(2) If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.
(3) This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

Township of Middle Smithfield, PA

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