A. Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of proposed plans for
(sometimes also referred to as special uses).
are uses, either public or private, which possess unique characteristics and therefore cannot be property classified as a permitted
in a particular
(see Definitions, Article 1.00). This article contains standards for review of each
proposal individually on its own merits to determine if it is an appropriate use for the district and specific location where it is proposed.
B. Procedures and requirements.
proposals shall be reviewed in accordance with the procedures in § 27.02 for site plan review, except as follows:
1. Public hearing required. A public hearing shall be scheduled by the Township Administration and held by the
before a decision is made on a
request. The public hearing shall be noticed following the procedures listed in § 29.11.
2.
final action. The
shall review the application for
in accordance with the procedures in § 29.02, together with the public hearing findings and reports and recommendations from the Building Inspector,
, Township Public Safety Officials,
, and other reviewers. The
shall then make a recommendation to the
, based on the requirements and standards of this Ordinance. The
may recommend approval, approval with conditions, or denial as follows:
a. Approval. Upon determination by the
that the final plan for
is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, the
shall recommend approval.
b. Approval with conditions. The
may recommend that the
impose reasonable conditions upon the approval of a
, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed
will be capable of accommodating increased public service loads caused by the
, protecting the natural environment and conserving
and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect
and the public health, safety, and welfare of individuals in the
and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this Ordinance.
c. Denial. Upon determination by the
that a
proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly
of the
, the
shall recommend denial.
3.
action required. The
shall transmit its recommendation, together with reports and public hearing findings to the
for final action. The
shall base its decision solely on the requirements and standards of this Ordinance. The
is authorized to approve, approve with conditions, or deny a
proposal as follows:
a. Approval. Upon determination that a
proposal is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.
b. Approval with conditions. The
may impose reasonable conditions with the approval of a
. The conditions may include provisions necessary to insure that public services and facilities affected by a proposed
or activity will be capable of accommodating increased service and facility loads generated by the new
, to protect the natural environment and conserve
and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
1. Conditions shall be designed to protect
, the health, safety, welfare, and social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
2. Conditions shall be related to the valid exercise of the police power, and purposes which are affected by the proposed use of activity.
3. Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance, related to the standards established in the Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.
c. Denial. Upon determination by the
that a
proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise will be injurious to the public health, safety, welfare, and/or orderly
of the
, a
proposal shall be denied.
4. Recording of
and
action. Each action taken with respect to a
shall be duly recorded in the minutes of the
or
, as appropriate. The minutes shall record the findings of fact relative to each
proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.
5. Effect of approval. Upon approval, a
shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the
or portion thereof on which the proposed use is located. Such approval shall remain valid regardless of change of ownership.
6.
authority. The
shall not have the authority to consider an appeal of a decision concerning a
proposal. The
shall have the authority to consider
associated with a
that relate to
and dimensional requirements.
7. Application for a
permit. Prior to issuance of a
permit, the applicant shall submit proof of the following:
a. Final approval of the
application.
b. Final approval of the site plan.
c. Final approval of the engineering plans.
d. Acquisition of all other applicable
, county, or state permits.
8. Expiration of
approval. If construction has not commenced, or if the project has commenced but has not made reasonable progress within 12 months after final approval, the approval becomes null and void and a new application for
approval shall be required. However, the applicant may apply in writing to the
for an extension of
approval, whereupon the
may seek the
’s recommendation. The
may grant one or more extensions of up to 12 months, upon request from the applicant prior to expiration of the previous approval and provided that it finds that the approved
plan conforms to current Zoning Ordinance standards.
9. Modification to approved
.
approved in accordance with provisions of this section may subsequently be modified, subject to the following requirements:
a. Modifications that do not change the nature of the use or that do not affect the intensity of use may be reviewed and approved following normal site plan review procedures described in § 29.02. In evaluating change in intensity of use, the
and
shall consider the extent of increase of vehicular or pedestrian traffic, the change in demand for public services, extent to which the total floor area
by the proposed use will increase, increased demand for parking, off-site impacts from noise, fumes, drainage, etc., and similar considerations.
b. Modifications that change the nature of the use or that result in an increase in the intensity of the use shall be reviewed in the same manner as a new
proposal, following the procedures in this section.
10.
violation. In the event that construction or subsequent use is not in compliance with the approved
application, the Building Inspector shall issue a “stop work” order or similar notice until corrective action is taken or a revised
application is submitted for
review, following the normal
review procedures in § 27.03. If the builder, developer, or current user fails to take corrective action or pursue approval of an amended plan, the Building Inspector
may commence enforcement action outlined in § 29.10, Violations and Penalties. Such action may include issuance of a municipal civil infractions ticket and pursuit of corrective action and penalties under the Municipal Civil Infractions Ordinance.
11.
. The
or
may require that a
be deposited with the
to ensure faithful completion of the improvements, in compliance with § 2.18.
C. Standards for granting
approval. Approval of a
proposal shall be based on the determination that the proposed use will be consistent with the intent and purposes of this Ordinance, will comply with all applicable requirements of this Ordinance, including site plan review criteria set forth in § 29.02, applicable site
standards for specific uses set forth in Article 8.00, and the following standards:
1. Compatibility with adjacent uses. The proposed
shall be designed, constructed, operated, and maintained to be compatible with uses on surrounding land. The site design of the proposed
shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
a. The location and screening of vehicular circulation and parking areas in relation to surrounding
.
b. The location and screening of
, outdoor activity or work areas, and mechanical equipment in relation to surrounding
.
c. The hours of operation of the proposed use. Approval of a
may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
d. The
, placement, and materials of construction of the proposed use in relation to surrounding uses.
e. Proposed
and other site amenities. Additional
over and above the requirements of this Ordinance may be required as a condition of approval of a
.
2. Compatibility with the . The proposed
shall be consistent with the general principles and objectives of the Township’s
and shall promote the intent and purpose of this Ordinance.
3. Public services. The proposed
shall be located so as to be adequately served by essential public facilities and services, such as
,
, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the
is established.
4. Impact of traffic. The location of the proposed
within the
shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
a. Proximity and access to major
.
b. Estimated traffic generated by the proposed use.
c. Proximity and relation to intersections.
d. Adequacy of driver sight distances.
e. Location of and access to off-street parking.
f. Required vehicular turning movements.
g. Provisions for pedestrian traffic.
5. Detrimental effects. The proposed
shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental or hazardous to persons or property or to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the level of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
6. Isolation of existing uses. The location of the proposed
shall not result in a small residential area being substantially surrounding by nonresidential
, and further, the location of the proposed
shall not result in a small nonresidential area being substantially surrounded by incompatible uses.
7. Based on need. The
and
shall find that a need for the proposed use exists in the community at the time the
application is considered.
8. Economic well-being of the community. The proposed
shall not be detrimental to the economic well-being of those who will use the land, residents, businesses, landowners, and the community as a whole.
9. Compatibility with natural environment. The proposed
shall be compatible with the natural environment and conserve
and energy.
(Ord. passed 7-9-2013; Ord. passed - - )