This chapter shall be referred to as "Conditional
Uses."
This chapter is enacted and ordained under the
grant of powers by the General Assembly of the Commonwealth of Pennsylvania
in the Pennsylvania Municipalities Planning Code (MPC), Act of 1968,
P.L. 805, No. 247,[1] as reenacted and amended. Article VI, Section 603(c)(2),[2] of the MPC states that "Zoning ordinances may contain
provisions for conditional uses to be allowed or denied by the governing
body pursuant to public notice and hearing and recommendations by
the planning agency and pursuant to express standards and criteria
set forth in the zoning ordinances. In allowing a conditional use,
the governing body may attach such reasonable conditions and safeguards,
other than those related to off-site transportation or road improvements,
in addition to those expressed in the ordinance, as it may deem necessary
to implement the purposes of this act and the zoning ordinance."
All uses covered by this chapter pose unique
impacts to their neighbors and the Township that require increased
oversight and regulation. This chapter is enacted for the following
purposes:
A.
To establish and maintain a comprehensive set of regulations
to provide for the reasonable development of unique uses within College
Township while providing reasonable protection to the community.
B.
To provide the opportunity for the College Township
Council to thoroughly examine applications for conditional uses and
to impose reasonable safeguards necessary to implement the purposes
of this chapter and to protect the general welfare.
C.
To further the goals of the Centre Region Comprehensive
Plan.
D.
To provide the following conditions which are necessary
to protect and preserve the general health, safety, and welfare of
the citizens of College Township. These conditions exist in conjunction
with all other application, plan and permit requirements of College
Township as well as any other permits or approvals required by any
other governmental body or regulatory agency having jurisdiction over
such issues.
A.
The conditions and regulations contained herein shall
be the minimum acceptable conditions and regulations. In the event
that any of the regulations set forth in this chapter conflict with
any other ordinances, statutes or regulations adopted or promulgated
under any statute, the more strict or stringent of such ordinances,
statutes or regulations shall control the regulation of the uses permitted
in this chapter.
B.
The use of land zoned for one of the following purposes shall be permitted by conditional use permit pursuant to Chapter 200 of the College Township Code and the regulations contained herein:
(1)
Mining and quarrying in the Rural Residential (RR)
Zoning District.
(2)
Gasoline stations within shopping centers in the General
Commercial (C-1) Zoning District.
(3)
Nonindustrial uses in the General Industrial (I-1)
Zoning District.
(4)
Wind energy facilities in the Agricultural (A) and
Rural Residential (RR) Zoning Districts.
[Added 10-18-2007 by Ord. No. O-07-14]
(5)
Maximum permitted height increased to 85 feet in the
Multifamily Residential (R-3) Zoning District.
[Added 8-21-2008 by Ord. No. O-08-06]
(6)
Utility
facilities in the Forest District (F), Agricultural District (A),
Single-Family Residential District (R-1), Two-Family Residential District
(R-2), Multifamily Residential District (R-3), Residential-Office
District (R-O), Gateway Commercial District (GWC), Office Commercial
District (C-2), and Medical Campus District (MC).
[Added 12-3-2009 by Ord. No. O-09-17]
(7)
Tower-based wireless communications facilities in the General Industrial District (I-1), Subdistricts 8, 9, 10 and 11 of the University Planned District, and those located in the public right-of-way. See § 200-39.1, Wireless communications facilities, for additional regulations.
[Added 9-15-2016 by Ord.
No. O-16-09]
(8)
Community
corrections facilities in the Rural Residential (RR) Zoning District.
[Added 5-18-2017 by Ord.
No. O-17-01]
(9)
Correctional
facilities in the Rural Residential (RR) Zoning District.
[Added 5-18-2017 by Ord.
No. O-17-01]
(10)
Halfway
houses in the Rural Residential (RR), Multifamily Residential (R-3)
and General Commercial (C-1) Zoning Districts.
[Added 5-18-2017 by Ord.
No. O-17-01]
(11)
Historical properties.
[Added 10-19-2023 by Ord.
No. O-23-05]
(12)
Duplexes, townhouses, and multifamily residences in the Planned Research
and Business Park District (PRBD).
[Added 10-19-2023 by Ord.
No. O-23-05]
C.
In granting a conditional use permit under the provisions
set forth in this chapter, the Township Council may impose such conditions
upon the development and performance of the uses within the conditional
use proposal.
D.
In considering an application for a conditional use,
the College Township Council shall consider the recommendation of
the Planning Commission and evidence presented by the applicant and
other interested parties. Before granting a permit, the Council shall
be satisfied based on the evidence provided that the proposed use(s):
(1)
Will not create nuisances that will substantially
injure or detract from the lawful existing or permitted uses of neighboring
properties.
(2)
Will not adversely affect the logical, efficient and
economical extension of public services and facilities throughout
the municipality.
(3)
Will meet such reasonable conditions and safeguards, including but not limited to the conditions listed below and in § 200-39.1 for each conditional use, as the College Township Council may require to protect the public health, safety, and welfare in accordance with the intent and purposes of the Chapter 200, Zoning.
[Amended 9-15-2016 by Ord. No. O-16-09]
Unless a contrary intention clearly appears,
the following words and phrases shall have the meaning given in this
section. All words and terms not defined herein shall be used with
a meaning of standard usage. Where a definition given herein conflicts
with the definition of such term found in the Pennsylvania Municipalities
Code,[1] the definition of such term in the Planning Code shall prevail. The following definitions shall be in addition to those found in Chapter 180, Subdivision of Land, and Chapter 200, Zoning, which shall also apply to this chapter:
Real property, the expansion, redevelopment, or reuse of
which may be complicated by the presence of a hazardous substance,
pollutant or contaminant.
The ratio of the actual output of a power plant over a period
of time and its output if it had operated at full capacity over that
time period.
[Added 10-18-2007 by Ord. No. O-07-14]
Use of land in a zoning district for a purpose other than
that generally permitted outright in that district. The Township Council,
in accordance with the conditions detailed in this chapter, has the
authority to grant permission for such a use.
The entity or entities having equity interest in the wind
energy facility, including their respective successors and/or assigns.
[Added 10-18-2007 by Ord. No. O-07-14]
A repeating cycle of changing light intensity.
[Added 10-18-2007 by Ord. No. O-07-14]
The use of land and structures engaged in the retail sale
of any type of fuel (gasoline, diesel, kerosene or any type of fuel
that may be used in the future for the propulsion of an automobile),
including a standalone gasoline station or the provision of fuel as
part of a larger business. "Gasoline station" shall also refer to
"filling station," "gas station," "service station," "fuel center,"
"petrol station."
The area which will be used for the sale of gasoline, including
service islands, pumps, customer service areas, and any impervious
driving, gassing and parking areas.
Any type of gasoline station, as defined in this section, that is on the same parcel as a shopping center, as defined in § 200-7.
Any type of street or driveway, public or private, that provides
a means of conveyance for automobiles into and through the site. An
internal marginal access street typically has all the components of
a public street, such as lane markings, turn lanes, shoulders, etc.
A) Any substance designated pursuant to Section 311(b)(2)(A)
of the Federal Water Pollution Control Act [33 U.S.C. § 1321(b)(2)(A)];
B) any element, compound, mixture, solution, or substance designated
pursuant to Section 9602 of Title 42 of the United States Code; C)
any hazardous waste having the characteristics identified under or
listed pursuant to Section 3001 of the Solid Waste Disposal Act (42
U.S.C. § 6921) (but not including any waste the regulation
of which under the Solid Waste Disposal Act [42 U.S.C. § 6901
et seq.] has been suspended by Act of Congress); D) any toxic pollutant
listed under Section 307(a) of the Federal Water Pollution Control
Act [33 U.S.C. § 1317(a)]; E) any hazardous air pollutant
listed under Section 112 of the Clean Air Act [42 U.S.C. § 7412];
and F) any imminently hazardous chemical substance or mixture with
respect to which the Administrator of the Environmental Protection
Agency or its successive agency has taken action pursuant to Section
7 of the Toxic Substances Control Act [15 U.S.C. § 2606].
The term does not include petroleum, including crude oil or any fraction
thereof which is not otherwise specifically listed or designated as
a hazardous substance under Items A through F of this definition,
and the term does not include natural gas, natural gas liquids, liquefied
natural gas, or synthetic gas usable for fuel (or mixtures of natural
gas and such synthetic gas).
Any property as defined as "historic properties" or "historic structure" in § 200-7 and/or listed in The Historic Resources of the Centre Region: A Remembrance of Things Past. (1982) (HRCR), a reference publication that identifies historical properties and structures within College Township, including the Lemont and Oak Hall Historic Districts.
[Added 3-17-2022 by Ord.
No. O-22-01]
A designation meeting the requirement contained herein for
an area within the I-1 Industrial Zoning District which is currently
vacant or underutilized with which additional nonindustrial uses may
help aid in the revitalization of the site, bringing it back to productive
use.
The use of land for the purpose of extracting rocks and minerals
for sale, exclusive of grading a lot preparatory to the construction
of a structure for which a zoning permit has been issued.
Those uses which primarily do not include activities such as manufacturing, warehousing, fabrication, assembly, distribution and other related uses. For the purposes of this chapter, "nonindustrial uses" shall be those which are listed in § 87-20A of this chapter.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
[Added 10-18-2007 by Ord. No. O-07-14]
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
[Added 10-18-2007 by Ord. No. O-07-14]
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
[Added 10-18-2007 by Ord. No. O-07-14]
A landowner upon whose property all or a portion of a wind
energy facility is located or pursuant to an agreement with the facility
owner or operator.
[Added 10-18-2007 by Ord. No. O-07-14]
Shall include, but not be limited to, any element, substance,
compound, or mixture, including disease-causing agents, which after
release into the environment and upon exposure, ingestion, inhalation,
or assimilation into any organism, either directly from the environment
or indirectly by ingestion through food chains, will or may reasonably
be anticipated to cause death, disease, behavioral abnormalities,
cancer, genetic mutation, physiological malfunctions (including malfunctions
in reproduction) or physical deformations in such organisms or their
offspring, except that the term "pollutant or contaminant" shall not
include petroleum, including crude oil or any fraction thereof which
is not otherwise specifically listed or designated as a hazardous
substance under Items A through F of the "hazardous substance" definition
and shall not include natural gas, liquefied natural gas, or synthetic
gas of pipeline quality (or mixtures of natural gas and such synthetic
gas).
Additional square footage which can be used to exceed the
square footage limitations placed on retail uses. It is based on the
acreage of the site to be used as industrial. For every acre of land
used for industrial uses, the developer can exceed the retail size
limitations by 1,500 square feet or fraction thereof.
A reference publication prepared by the US Department of
the Interior National Park Service Technical Preservation Services
meant to be an educational guide to changing a historic building or
structure. This publication is regulatory for only projects receiving
Historic Preservation Fund grants of other federally assisted projects.
Otherwise, these guidelines are intended to provide general guidance
for work on any historic building.
[Added 3-17-2022 by Ord.
No. O-22-01]
The on-and-off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine.
[Added 10-18-2007 by Ord. No. O-07-14]
One or more contiguous parcels (including parcels separated
by public rights-of-way) held under common ownership and employed
for a specific use or related uses.
The vertical distance measured from average elevation of
the existing grade at the proposed tower foundation perimeter to the
highest point of the turbine, including the turbine rotor blade.
[Added 10-18-2007 by Ord. No. O-07-14]
An electric generation facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, with the primary intention of the producing and transmitting of electricity off site. The term does not include wind turbines constructed primarily for use on site as an accessory use [see § 200-11A(7)].
[Added 10-18-2007 by Ord. No. O-07-14]
All structures and buildings associated with the conversion
of wind to energy with the exception of the wind turbine. Accessory
structures and buildings shall include but not be limited to substations,
meteorological towers, electrical transmission lines and access roads.
[Added 10-18-2007 by Ord. No. O-07-14]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad turbine, if any.
[Added 10-18-2007 by Ord. No. O-07-14]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
