(a) In all cases, the power to grant special approval is vested in the Township Board. All applications for special approval shall include a site plan in accordance with the requirements of Chapter 1293 and shall be submitted to the Department of Planning and Community Development for review and recommendation. A public hearing, in accordance with State law and after proper notice, shall be held by the Planning Commission in order to hear any comments or matters by any person on the application. The Planning Commission shall consider all comments in making recommendation to the Township Board.
In reviewing a request for special approval, the Planning Commission and Township Board shall consider each case individually and must find that, in addition to the minimum conditions as previously specified herein, each of the following conditions will also be met:
(1) The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area and applicable regulations of the zoning district in which it is to be located.
(2) The proposed use shall be of a nature which will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular traffic flow, proximity and relationship to intersections, adequacy of sign distances and location and access to off-street parking.
(3) The proposed use shall be designed as to the location, size intensity, site layout and periods of operation of any such proposed use in order to eliminate any possible nuisance emanating therefrom, which might be noxious to the occupants of any nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
(4) The proposed use shall be such that the proposed location or height of buildings or structures will not interfere with or discourage the appropriate development or use of adjacent land or unreasonably affect their value.
(b) The Township Board shall provide a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. The Township Board may, upon recommendation from the Planning Commission, impose such conditions or limitations in granting approval which it deems necessary to fulfill the requirements set forth in subsection (a) hereof. Such conditions, imposed with respect to the approval of a special use, shall be recorded in the record of the approval action and shall remain unchanged.
(c) In all cases where a particular special use has been granted, application for a building permit must be made not later than eighteen months thereafter or such approval shall automatically be revoked.
(d) If the Township Board determines that the particular special use requested does not meet the standards of subsection (a) hereof or may be injurious to the public health, safety, welfare or orderly development of the Township, said Board shall deny the application and furnish the applicant written endorsement of the same which clearly sets forth the reasons for denial.
(Ord. Passed 10-30-23.)