It is the intent of this Section to provide special controls and regulations for particular uses which may, under certain conditions, be conducted within the various zoning districts established in Part 3 of this Chapter. Each subsection of this Section has particular controls and/or requirements which must be satisfied before the use by right or by conditional use is permitted. It is the intent of this Part that these particular controls and requirements are in addition to those imposed by the district use regulations and the general regulations contained in Part 11 of this Chapter.
A. Applicability, Limitations, Compliance.
(1) Applicability. The controls imposed by Parts 4 through 10 are applicable where cited specifically as a conditional use and where cited for permitted uses.
(2) Limitations. Conditional uses shall be permitted only where specifically cited in the district use regulations in Parts 4 through 10 of this Chapter.
(3) Compliance. Nothing in this Section shall relieve the owner, agent, developer, or applicant for approval of a conditional use from obtaining subdivision and /or land development approval in accordance with the Dauphin Borough Subdivision and Land Development Ordinance [Chapter 22].
B. Procedure for Conditional Use.
(1) Application. Each application for a conditional use shall be accompanied by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, parking areas, and all streets within 200 feet of the lot. The plan shall indicate each adjacent use and land owner. Each application is subject to a fee, as established by resolution, by the Dauphin Borough Council, and is payable to Dauphin Borough.
(2) Review by Dauphin Borough Council.
(a) In its review the Council members shall take into consideration the public health, safety, welfare, comfort and convenience of the public in general, and of the residents of the immediate neighborhood in particular, and existing landscape or viewshed. As a result, the Council may recommend appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of the Chapter and the accomplishment of the following objectives in particular.
(b) All proposed structures, equipment, or materials shall be readily accessible for fire and police protection.
(c) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(d) In addition to the above, in the case of any use located in, or directly adjacent to, a residential district.
1) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residential district of conflict with the normal traffic or the local roadways.
2) The location and height of buildings, the location, nature and extent of landscaping on the site shall be such that use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3) Council.
(a) Within 45 days from receipt of a completed conditional use application and payment of the required fee, the Council shall hold a duly advertised public hearing on the matter of the conditional use application.
(b) Within 30 days from the date of the final public hearing on the conditional use application, the Council will render its decision. Written notice of said hearing shall be conspicuously posted on the affected tract of at least 1 week prior to the hearing.
(c) Each decision shall be accompanied by findings of fact and conclusions. The conclusions shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate.
C. Effect of Conditional Use. Any use for which a conditional use approved may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such approval shall have been granted.
(Ord. 77-5, 2/28/1977; as added by Ord. 02-05, 9/3/2002, §2)