§ 152.063 CONDITIONAL USES.
   (A)   General conditional uses.
      (1)   Light industrial, provided that the following conditions are met:
         (a)   All facilities for the manufacturing of the product shall be contained within the building.
         (b)   No vibration shall be permitted beyond the building line.
         (c)   No noise greater than 70 dBa's, measured at the lot line, shall be permitted to be generated.
         (d)   No manufacturing process shall be permitted if it is noxious or offensive by reason of odor, dust, fumes, gas, smoke or radiation or that constitutes a public hazard by fire, explosion or other nuisance.
         (e)   No trucks or large vehicles may enter or exit or run idle on the property between the hours of 11:00 p.m. and 6:00 a.m. each day.
      (2)   Churches, chapels, synagogues or similar houses of worship, including, as accessory uses, rectory or parish houses, provided that the following conditions are met:
         (a)   Location. All developments pursuant to this section must have its primary frontage and access on a county road.
         (b)   Maximum height limitation: 35 feet.
         (c)   The Reviewing Board may impose more restrictive conditions or any further reasonable conditions to the effect of noise, traffic movement and volume, lighting and/or intensity of such conditional activities on adjacent land uses and may require a sufficient guaranty to ensure compliance with such restrictions or conditions.
      (3)   Farming provided that the following conditions are met:
         (a)   Minimum lot size: 5 acres.
         (b)   No additional clearing of vegetation other than grass may occur.
         (c)   No retail sales permitted from the lot (i.e. farm stands) unless and until the final site plan approval in accordance with Chapter 156 has been granted for such retail use and only if retail uses are otherwise permitted in the zone.
   (B)   TC-1 Overlay District conditional uses.
      (1)   Permitted conditional uses.
         (a)   Shopping centers and retail commercial uses.
         (b)   Theaters.
      (2)   Condition of use.
         (a)   Theaters may be freestanding uses, and must be part of a retail or office complex that has frontage on and access to a county road.
      (3)   Prohibited uses.
         (a)   Gasoline filling stations.
         (b)   Non-accessory parking garages.
         (c)   Except as specifically provided above, motor vehicle repair/service shops.
         (d)   Showrooms for the sale of new or used automobiles.
         (e)   Convenience stores.
         (f)   Passenger bus stations.
         (g)   Residential uses, except for-profit assisted living and skilled nursing facilities.
      (4)   Area and bulk standards applicable to conditional use.
         (a)   Minimum lot size: four acres.
         (b)   Minimum buffer width and location for retail automobile parts and accessory sales uses with motor vehicle repair and service uses shall be 15 feet within the setback from any other property.
      (5)   Design standards specific to conditional uses. All development of conditional uses in the O3 - Office 3 Zone where the TC-Overlay District applies shall be subject to the following regulations unless, after due consideration of plans, testimony and other submissions, the reviewing board waives strict compliance with the requirements of this section in order to promote the purposes of this chapter.
         (a)   Architectural compatibility. Any development shall be constructed in accordance with an overall architectural plan such that the facades, roof lines, architectural detail and landscaping of each building shall be compatible with all other existing or proposed buildings on the site.
         (b)   Grouping. The principal and accessory buildings shall be arranged in a group or groups such that no building shall be less than 30 feet from any other building.
         (c)   Conditions. The reviewing board may impose more restrictive conditions or any further reasonable conditions to the effect of noise, traffic movement and volume, lighting and/or intensity of such conditional activities on adjacent land uses and may require a sufficient guaranty to ensure compliance with such restrictions or conditions.
   (C)   EE Overlay District conditional uses.
      (1)   Permitted conditional uses.
         (a)   Retail and service uses.
         (b)   Convenience stores.
         (c)   Indoor recreation facilities contained within a building or buildings such as bowling alleys, skating and soccer rinks, tennis courts and swimming pools.
         (d)   Outdoor recreation facilities including, but not limited to golf, tennis, swimming and baseball batting cages.
      (2)   Prohibited uses.
         (a)   Residential;
         (b)   Movie theaters and cinemas;
         (c)   Gasoline filling stations;
         (d)   Arcades and go cart or mini-car racing tracks and facilities; and
         (e)   Fast-food restaurants.
      (3)   Conditions of uses.
         (a)   The applicant must provide for community uses and benefits, which may include, but not be limited to, providing community meeting rooms, public gathering areas and facilities for civic or religious-sponsored activities. In lieu thereof, the reviewing board may require that the applicant contribute a sum equal to $1.25 per square foot for all of the square footage that is the subject of the conditional use application. The reviewing board may permit the applicant to construct elsewhere facilities equivalent in the township as the reviewing board deems just and appropriate.
         (b)   For convenience stores only:
            1.   All access drives shall be a minimum of 300 feet from any intersection of any public roadway with any other public roadway.
            2.   The tract must front on a county road.
         (c)   For outdoor recreation uses only:
            1.   Minimum tract size: 15 acres.
            2.   Must be located on or have access to a state right-of-way.
            3.   No batting cages or recreation uses that create loud continuous noises may be located closer than 750 feet from any residentially zoned property.
   
      (4)   Area and bulk standards applicable to the conditional use.
         (a)   Minimum lot size: four acres.
         (b)   Maximum height limitation: 50 feet.
      (5)   Design standards specific to the conditional uses. All development in the O3 - Office 3 EE Overlay District where conditional uses are developed shall be subject to the following regulations unless, after due consideration of plans, testimony and other submissions, the reviewing board waives strict compliance with the requirements of this section in order to promote the purposes of this chapter:
         (a)   Architectural compatibility. Any development shall be constructed in accordance with an overall architectural plan such that the facades, roof lines, architectural detail and landscaping of each building shall be compatible with all other existing or proposed buildings on the site.
         (b)   Grouping. The principal and accessory buildings shall be arranged in a group or groups such that no building shall be less than 30 feet from any other building.
         (c)   Trash enclosures. All trash and recycling containers shall be enclosed in accordance with the township design standards for trash enclosures. Trash and recycling pick-up may only occur between the hours of 7:00 a.m. and 10:00 p.m. unless otherwise regulated by any State or Federal regulations.
         (d)   Shared parking. Shared parking may be permitted as determined by the reviewing board.
         (e)   Conditions. The reviewing board may impose more restrictive conditions or any further reasonable conditions to the effect of noise, traffic movements and volume, lighting and/or intensity of such conditional activities on adjacent land uses and may require a sufficient guaranty to ensure compliance with such restrictions or conditions.
(Ord. 945-99, passed 9-13-99; Am. Ord. 3-2000, passed 1-24-00; Am. Ord. 07-2000, passed 3-13-00; Am. Ord. 85-06, passed 4-24-06)