(a) Conditional Use Permits. Conditional Use Permits shall be required for certain types of main uses as defined in Chapter 1113 and other sections of this Zoning Ordinance, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for a particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Ordinance are certain uses and the district in which conditional uses may be permitted provided the following standards are fulfilled and a Conditional Use Permit is granted by the Board of Appeals.
(b) Contents of a Conditional Use Permit.
(1) An application for a conditional use permit shall be filed with the chairman of the Board of Appeals by a least one owner or lessee of property for which each conditional use is proposed. At a minimum, the application shall contain the following information:
A. Name, address and telephone number of applicant;
B. Legal description of existing use;
C. Description of existing use;
D. Present zoning district;
E. Description of proposed conditional use;
F. A site plan must be submitted to the Board of Appeals showing all buildings, parking and loading areas, traffic access and circulation, utilities, signs, and landscaping at a scale sufficient to permit study of all elements of the plan. Typical elevations and floor plans of the building must be provided. In addition the proposed site and planned development shall show all adjoining properties, including existing buildings located within two hundred feet (200') of the proposed site in the same block. The plans shall meet the required standards or the Municipality as a whole. Such review is necessary to secure proper relationships between parking areas, access drives, abutting public thoroughfares, landscaping, building, siting and open space. The Board of Appeals may require other information to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
G. A narrative statement evaluating the economic effects of adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.
(2) In addition to the specific requirements listed for each conditional use in each zoning district, the Board of Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such at the proposed location:
A. Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Municipality's Comprehensive Plan and/or Zoning Ordinance.
B. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
C. Will not be hazardous or disturbing to existing or future neighboring uses.
D. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately such services.
E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
F. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
G. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
H. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(3) The Board of Appeals shall hold a public hearing within twenty days from the receipt of the application for a conditional use permit.
(4) Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of the Municipality at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.
(5) Before holding the public hearing, written notice of such hearing shall be mailed by the chairman of the Board of Appeals, by first class mail, at least ten days before the day of the hearing of all parties in interest and specifically to all adjacent property owners.
(6) Within thirty days after the public hearing, the Board of Appeals shall either approve, approve with supplementary conditions as specified, or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Appeals shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board of Appeals the applicant may seek relief through the Court of Common Pleas.
(7) A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use ceases for more than six months.
(Ord. 99-2. Passed 3-1-99.)