MapLink™ | Procedures | Conditional Uses

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Conditional Uses
Any conditional use is allowed pending approval of the Board of Supervisors.

Applicability.
A. Purpose. This chapter has established a list of land uses that possess characteristics that may result in adverse effects on adjoining properties if not properly controlled and regulated. The purpose of this article is to list the specific and general standards, controls, and guidelines that the Township will use to regulate these land uses.

B. Control of potential adverse effects. The Zoning Hearing Board or Township Supervisors are empowered to allow certain land uses, permitted in this chapter by special exception or conditional use, contingent upon certain safeguards, standards and conditions that are intended to limit potential adverse effects from such land uses. These standards shall supersede any standard or regulation contained elsewhere in this chapter, and shall be regarded as conditions that are necessary for the approval of any special exception or conditional use.

C. Compliance with special standards. The applicant shall demonstrate compliance with the standards established in this and other articles and must furnish evidence as may be necessary to demonstrate such compliance. The burden of proof shall rest with the applicant, and the Zoning Hearing Board or Township Supervisors may reject any purported evidence or proof offered in support of an application if the Zoning Hearing Board or Township Supervisors (whichever has jurisdiction) finds that the evidence or proof is not compelling or is inadequate. These standards shall be complied with continually.

D. Additional conditions. In granting any special exception or conditional use, the Zoning Hearing Board or Township Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.

E. Use of experts. In hearing and deciding upon applications for any special exception or conditional use, the Zoning Hearing Board or Township Supervisors may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

F. Fees. Fees for hearing and deciding upon special exceptions or conditional uses may be assessed in accordance with a fee schedule adopted by the Township Supervisors.

G. Hearings. The Zoning Hearing Board or Township Supervisors shall hold a hearing on all applications for special exceptions or conditional uses following the procedures in Article XXV: Zoning Hearing Board.

H. Additional guidelines. Prior to approving an application for a special exception or conditional use, the Zoning Hearing Board and Township Supervisors shall determine that the applicant has met the provisions of § 370-208: Standards for review of special exceptions. of this chapter.

I. Recommendations from the Township Planning Commission. In considering any application for conditional use, the Township Supervisors shall consider the recommendations of the Township Planning Commission if provided within 60 days after receipt of the application.