Skip to main content
§303.  Prohibited Uses in All Districts.
This section is included in your selections.

The following uses are expressly prohibited in any zoning district:

A. Any use that involves the use or production of dangerous and hazardous materials or products.

B. Any use that may cause injury, annoyance, or disturbance to any of the surrounding properties or to their owners and occupants.

C. Any use which is noxious or objectionable by reason of the emission of smoke, dust, ash or other form of air pollution.

D. Any use which involves the discharge or dispersal of liquid or solid wastes which may adversely affect health or sanitation of persons or cause contamination of the soil or watercourses.

E. Dumps or disposal sites, except a refuse disposal site established as an official Township refuse disposal site or a refuse site duly licensed by the Township Supervisors.

F. Junkyards.

G. Amusement parks, circuses and related activities including, fire works displays, except for a temporary period upon the issuance of a special permit by the Township Supervisors.

H. Artificial lighting facilities of any kind with light sources which create glare beyond the lot lines.

I. Obscene and Other Sexual Materials. Any use involving activities which constitute violation of 18 Pa.C.S.A. §5903, as amended, relating to display, sale, lending, distribution or exhibiting of obscene and other sexual materials, or any ordinance of Smithfield Township, whichever is more restrictive. The term “obscene materials,” as used in this Chapter, is defined to mean any material, including any book, magazine, pamphlet, newspaper, story book, comic book, or writing, however reproduced, or sound recording, phonograph, tape or wire recordings, and any figure, visual representation, or image, including any drawing, photograph, picture, sculpture, three (3) dimensional form or motion picture which:

(1) The average adult person, applying contemporary community standards of Smithfield Township would find, when considered as a whole, appeals to the prurient interest.

(2) Depicts or describes in a patently offensive way:

(a) Ultimate sexual acts, normal or perverted, actual or simulated.

(b) Masturbation, excretory functions, or exhibition of the genitals or genital area.

(c) Erotic fondling, massage or touching of the uncovered or covered genitals, buttocks, pubic area, or any part thereof, the breasts of a female, and whether the same is engaged in alone or between members of the same or opposite sex, or between humans and animals or humans and inanimate objects.

(d) Sexual excitement which means the facial expressions, movements, utterances or other responses of a human, male or female, whether alone or with others, whether clothed or not, who is in an apparent state of sexual stimulation or arousal, or experiencing the physical or sensual reactions of humans engaging in or witnessing sexual conduct.

(e) Sadomasochistic abuse which means flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing or bizarre costume, or the condition of such person being fettered, bound or otherwise physically restrained in an apparent act of sexual stimulation or gratification.

(3) The material, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

J. Any structure or use within the minimum required front, side or rear yard setback on a lot or parcel, except as may be otherwise specifically allowed under this Chapter. (Ord. 187, 4/18/2008, §4)

Loading…