[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
The governing body or its authorized representatives shall have
the power to approve or disapprove conditional uses when this Ordinance
specifically requires the obtaining of such approval in accordance
with the following provisions:
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
In granting a conditional use, the governing body or its authorized
representatives shall make findings of fact consistent with the provisions
of this Ordinance. The governing body or its authorized representatives
shall not approve a conditional use except in conformance with the
conditions and standards outlined in this Ordinance.
B.
The governing body or its authorized representatives shall grant
a conditional use only if it finds adequate evidence that any proposed
development submitted will meet all of the following general requirements
as well as any specific requirements and standards listed herein for
the proposed use. The governing body or its authorized representatives
shall require that any proposed use and location among other things
be:
1.
In accordance with the Joint Municipal Comprehensive Plan for
Newtown Township, Upper Makefield Township, and Wrightstown Township,
and consistent with the spirit, purposes, and intent of the applicable
district (See Article III);
2.
An improvement which shall not be a detriment to the property
in the immediate vicinity and which shall be in the best interests
of the municipality, the benefit of the community, and the public
welfare;
3.
Suitable for the property in question and designed, constructed,
operated, and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity;
4.
In conformance with all applicable requirements of this Ordinance
and all municipal ordinances; and
5.
Suitable in terms of effects on-highway traffic and safety with
arrangement for access adequate to protect streets from undue congestion
and hazard.
C.
The burden of proof in a conditional use application shall be on
the applicant to establish that all of the conditions are in the spirit
of this Ordinance.
D.
Where an applicant requires subdivision or land development approval
in addition to conditional use approval, the applicant has the option
to file those applications simultaneously or to file the application
for conditional use first and process it to conclusion without the
necessity to file more intricate land development plans. Should the
applicant file the applications simultaneously, and request simultaneous
review, the applicant assumes the risk of cost of preparation of plans
for both applications and the cost of modifications the municipality
may require in the review process. Approval of both conditional use
and subdivision and land development shall be required before the
issuance of any zoning permit.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
Conditional use applications shall be governed by the following:
A.
The landowner shall make a written request to the governing body
or its authorized representatives of the municipality in which the
parcel of land is located. The request shall contain a statement reasonably
informing the governing body or its authorized representatives of
the matters that are in issue.
B.
The application shall be accompanied by site and building plans and
other materials describing the use or development proposed. Such plans
and other materials shall provide a sufficient basis for evaluating
the applicant's request. Information required by this Ordinance
shall accompany the application.
C.
The applicant shall attach to the application a true and correct
copy of the current deed for all of the properties affected by the
application. If the applicant claims to be the equitable owner of
the property, or properties, the applicant shall attach to the application
a true and correct copy of the Agreement(s) with the legal owner that
created the Applicant's equitable ownership.
D.
Fees. The applicant for any hearing on a conditional use request
before the governing body or its authorized representatives shall
at the time of making application pay to the zoning officer, for the
use of the municipality, a fee in accordance with a fee schedule adopted
by resolution of each governing body or its authorized representatives
upon enactment of this Ordinance or as such scheduling may be amended
from time to time.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
General.
1.
The governing body or its authorized representatives may impose
whatever conditions it deems necessary to insure that any proposed
development will secure substantially the objectives of this Ordinance.
2.
The governing body or its authorized representatives shall request
an advisory opinion from the local planning commission of the municipality
in which the land is located on any application for a conditional
use; the local planning commission is to submit a report of such advisory
opinion prior to the date of the public hearing held by the governing
body or its authorized representatives on the application.
3.
The governing body or its authorized representatives shall hold
a hearing upon the request, commencing not later than 60 days after
the request is filed, unless the applicant requests or consents in
writing to an extension of time.
B.
Hearing. The governing body or its authorized representatives shall
conduct hearings pursuant to public notice and shall send notice of
the proposed conditional use hearing to contiguous property owners
at the same time, and make decisions in accordance with the following:
1.
The parties to the hearing shall be the municipality in which
the parcel of land is located, any person affected by the application
who has made timely appearance of record, and any other person including
civic or community organizations permitted to appear by the governing
body or its authorized representatives. The governing body or its
authorized representatives may require that all persons who wish to
be considered parties enter appearances in writing on forms provided
for that purpose.
2.
The chairman or acting chairman shall have the power to administer
oaths of witnesses.
3.
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
4.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
5.
The municipality at its discretion may require a stenographic
record of the proceedings, and such transcript of the proceedings
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
6.
The governing body or its authorized representatives shall render
a written decision on the application and communicate it to the applicant
in accordance with the Municipalities Planning Code.
7.
In allowing a conditional use, the governing body may attach
such reasonable conditions and safeguards, other than those related
to off-site transportation and road improvements, in addition to those
expressed in this Ordinance, as it may deem necessary to implement
the purposes of the Ordinance.
[Added effective 10/21/2001 by JMZO Ord. 2001-11, § 5;
adopted 10/17/2001. Amended effective 8/28/2004 by JMZO Ord. 2004-14,
§ 16; adopted 8/23/2004. Readopted effective 6/23/2007 by
JMZO Ord. 2007; adopted 6/18/2007. Amended effective 7/23/2007 by
JMZO Ord. 2006-20, § 8; adopted 7/18/2007. Amended effective
6/16/2008 by JMZO Ord. 2007-05, § 06; adopted 6/11/2008.
Amended effective 10/11/2008 by JMZO Ord. 2008-08, § 06;
adopted 10/6/2008. Amended effective 12/22/2008 by JMZO Ord. 2008-09,
§ 03; adopted 12/17/2008.]
A.
Residential Conversions. Within all applicable districts where Use
B-16 is permitted, the use of an existing building for apartment units
or boarding facilities, or dormitory shall be permitted subject to
the following:
1.
Applications shall be filed with the zoning officer and be forwarded
by him to the local planning commission.
2.
The application shall consist of a written request and the following
information:
a.
Four photographs of the building, one showing each side of the
building;
b.
Sketch plan of the lot showing width and depth of the lot, size
and location of all structures, including any accessory buildings
such as garages and storage sheds;
c.
A statement indicating the number of proposed dwelling units
and occupancy capacity, the room size of each, type of unit, the total
building floor area per occupant, and open yard space area per occupant;
d.
Sketch plan of each floor in which dwelling units will be located,
showing the dimensions of each dwelling unit.
B.
General Conditions for Applicable Uses in OR, PC, PS-2, LI and O-LI
Districts. Within the OR Office Research, PC, PS-2 Planned Commercial,
LI Light Industrial, and O-LI Office-Light Industrial Districts, the
following additional considerations shall apply:
1.
In conjunction with an application for conditional use of all
or part of the properties in the OR, PC, PS-2, and O-LI, LI Districts,
the owners shall submit to the governing body or its authorized representatives
plans indicating the proposed parceling, interior roadways, access
points, general location of parking areas, and bulk and type of industrial
structures conceived for ultimate development. This shall be considered
a master plan and all subsequent sale, lease, covenant, and development
shall be in accordance with conditional use provisions herein and
shall meet the spirit and intent of the master plan with reasonable
alterations permitted where such alterations improve site development,
internal traffic circulation, traffic access to arterial roads, and
general design.
2.
Any parcel or parcels for which subdivision and development
application is made may be in single ownership or joint ownership.
Applications may be filed by the owner or owners, and shall be capable
of an integrated design of a complete industrial complex or element
thereof within their boundary, and shall be in conformance with the
master plan as defined above.
3.
The applicant shall submit proof to the effect that any and
all nonconforming uses located on the property to be reviewed shall
cease their operations and their structures be removed prior to the
commencement of site preparation and construction, in the event that
his application is approved, provided such structure is not of historical
significance. In such a case, the historic structure shall be retained,
when feasible.
4.
The property shall front on or have direct access to a principal
arterial street as delineated in the functional street classification
map, herein.
C.
General Conditions for Stripping of Soil.
1.
Application. The governing body or its authorized representatives
shall not consider any application for the removal of soil from the
premises for sale or otherwise unless and until the owner of the premises
shall first file with the municipal secretary an application requesting
permission, together with a map of the premises prepared by a registered
surveyor showing the contour lines, location of trees and streams,
and proposed contour grades resulting from such intended removal of
soil in relation to the topography of the premises. The application
shall also include a reuse plan showing eventual lot usage and a detailed
seeding and planting schedule to be performed after stripping. In
addition, it shall be the responsibility of the applicant to prove
that such removal will not be detrimental to the other natural resources
of the area. The said proposed contour lines, proposed grades, and
an estimate of the amount of soil in cubic yards to be removed shall
be subject to the inspection and approval of the governing body.
a.
A hearing before the governing body or its authorized representatives
shall be granted to an applicant for permission to remove soil within
60 days after the applicant requests such a hearing. The governing
body or its authorized representatives in considering and reviewing
the application and in arriving at its decision shall take into consideration
the public health, safety, or general welfare, and particular consideration
shall be given to the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets
and lands.
(5)
Land values and land uses.
(6)
Effect of removal on vegetation and wildlife.
(7)
Such other factors that may relate to the public
health, safety, or general welfare.
b.
The governing body or its authorized representatives shall grant
permission to remove soil if, after examining the application and
the map provided for within this Article and after the hearing, the
governing body or its authorized representatives is of the opinion
that the proposed soil removal will not create conditions inimical
to the public health, welfare, or safety; and will not result in the
creation of any sharp declivities, pits, depressions, soil erosion,
or fertility problems, under destruction of useful vegetation and
wildlife habitats, or depressed land values; and will not create any
drainage or sewerage problems or other conditions of potential danger.
2.
Permit Required. No excavation shall be made and no soil be
removed under the provisions of this Ordinance, unless a permit therefore
shall have first been obtained as provided herein, and no excavation
shall be made and no soil shall be removed except in conformity with
the provisions of this Article and the recommendations of the Bucks
County Soil Conservation District. At the time of application a fee
as determined by resolution to the order of the municipality shall
be paid by the applicant for the permit for removal of soil from the
premises. In the event of refusal of the soil removal permit, the
fee paid by the applicant shall be refunded, except that all moneys
and costs incurred by the municipality for engineering surveys and
reports, inspections, and legal services shall be retained by the
municipality, and the balance remaining shall be refunded to the applicant
together with a statement of costs and expenses incurred by the municipality
in the processing of said application.
D.
(Reserved)
E.
Special Considerations for Video Gaming/Pinball Arcades and Pool
Halls. A conditional use for a video gaming/pinball arcade or pool
hall shall be subject to the following special considerations:
1.
The following use regulations shall apply to all Video Gaming/Pinball
Arcades and Pool Halls:
a.
A video gaming/pinball arcade or pool hall shall only be operated
between the hours of 8:00 a.m. and 10:00 p.m.;
b.
No activity relating to the operation of a video gaming/pinball
arcade or pool hall shall be permitted which disturbs the peace and
quiet of the surrounding neighborhood or which endangers the public
health, safety or general welfare;
c.
No audio speakers or equipment shall be installed inside or
outside the location of any video gaming/pinball arcade or pool hall
which are intended to cause music, voices or other sounds to emanate
to the exterior of the premises;
d.
Adult supervision shall be provided at all times at the location
of a video gaming/pinball arcade or pool hall;
e.
A video gaming/pinball arcade or pool hall shall comply in all
respects to the requirements of any other applicable provision of
the Joint Municipal Zoning Ordinance, other Township ordinances, and
State statutes relating to exits, fire safety, restrooms, or other
applicable requirements;
f.
The Board of Supervisors may impose reasonable conditions regarding
layout, circulation and performance as it deems necessary to insure
that the proposed video gaming/pinball arcade or pool hall meets the
objectives of this Section;
g.
The burden of establishing that a conditional use should be
granted and that it will not be injurious to the public interest is
on the applicant for a video gaming/pinball arcade or pool hall.
2.
Establishments licensed by the Pennsylvania Liquor Control Board
having no more than six video games, pinball devices or other machines
or devices operated for amusement (individually or in combination)
shall not be required to obtain conditional use approval and shall
be considered accessory uses to the primary use of the premises. Such
establishments shall not be required to comply with the provisions
of § 1304.E.1.a., f., and g., hereof but shall be required
to comply with the provisions of § 1304.E.1.b., c., d.,
and e.
F.
Special Considerations of Use B-12 Single-family Detached Cluster
Subdivisions in the CM Conservation Management Zoning District. A
conditional use for a Use B-12 Single-family Detached Cluster Subdivisions
in the CM Conservation Management (CM) Zoning District shall be subject
to the following special considerations:
1.
The applicant shall provide information related to the following:
a.
A site plan which illustrates the proposed development, a map which illustrates the agricultural soils, measurements of the amount of agricultural soils defined in § 205, measurements of the amount of agricultural soils to be included in open space, and measurements to show compliance with the agricultural protection standards of § 903.B.7.
b.
A site plan which identifies agricultural uses of the open space
and compliance with § 1005.A.3.;
c.
A map or current aerial photograph (not taken more than five
years prior to the date of conditional use application) which identifies
buildings and the uses of land within 0.25 mile of any portion of
the site;
d.
A statement of the proposed ownership of the open space;
e.
A description of the proposed easements and/or deed restrictions to ensure the open space will remain undeveloped in perpetuity, use restrictions for the open space, and compliance with the provisions of § 1005;
f.
Compliance with the area, dimensional, buffer, open space, density,
other natural resource protection standards,, and other requirements
of this Ordinance.
2.
The governing body may impose reasonable conditions regarding
layout and use of the open space as it deems necessary to insure the
proposed use meets the objectives of this Ordinance; results in no
nuisance impacts on existing, proposed or potential uses in the surrounding
area and on the subject site; limits future uses of the open space;
and ensures the use is compatible with uses and activities in the
Conservation Management District or other adjoining districts. The
governing body may deny conditional use if the applicant is unable
to address, to the satisfaction of the governing body, the matters
identified in this Ordinance.
G.
Special Considerations of Use C-2 School. A conditional use for a
Use C-2 School shall be subject to the following special considerations:
1.
The applicant shall submit a site plan that illustrates the
proposed development, including the location and size of all buildings,
the vehicular circulation pattern, the location and number of parking
spaces along with a calculation of the minimum number of required
parking spaces, the location and use of all outdoor athletic fields,
courts, and play areas.
2.
The applicant shall submit an agricultural impact statement,
an environmental impact statement, a transportation impact statement,
and a services impact statement under the provisions of § 1602.C.8
of this Ordinance, whether or not the conditional use application
is accompanied by a request for a zoning amendment.
3.
Sewer and Water Facilities.
a.
The applicant shall specify how sewer and water facilities will
be provided and shall prove that the sewage system is in compliance
with the municipality's Sewage Facilities Plan (Act 537).
b.
Where an on-lot or on-site sewage system is proposed, the applicant
shall submit proof that the proposed system is in compliance with
the requirements for a permit from the Bucks County Department of
Health or the Pennsylvania Department of Environmental Protection,
as applicable. Information submitted shall include a field soils feasibility
evaluation based on the observation of soil test pits, excavated by
backhoe. At least four test pits per acre of area of the sewage system
shall be excavated. A fulls oils description and evaluation prepared
by a certified soils scientist shall be provided.
c.
Where on-lot or on-site water facilities are proposed, the applicant
shall submit proof that there is adequate water capacity to serve
the proposed use and show compliance with the requirements of the
municipal subdivision and land development ordinance related to water
systems.
d.
Where municipal or public sewer or water services are proposed,
the applicant shall provide certification from the servicing authority
that capacity will be available for the proposed use.
4.
For nursery schools, kindergartens, and elementary schools,
the applicant shall make provisions for sufficient off-street drop-off/pick-up
area for children, vehicular stacking lanes, and additional off-street
parking spaces to ensure adequate traffic flow and avoid traffic obstruction.
5.
The applicant shall identify the maximum number of students,
faculty members, and employees that the facility would be designed
to accommodate.
6.
The applicant shall identify all activities that are intended
to take place at the facility.
7.
The applicant shall identify the intended schedule for use of
the facility including months of the year, days of the week, and hours
of the day.
8.
The applicant shall submit a lighting and buffering plan.
9.
The applicant shall identify any flammable, hazardous, or explosive
materials that would be stored or used at the facility. Safety measures
shall be identified.
10.
The governing body may impose reasonable conditions regarding
the use of the facility, size of buildings, and other matters it deems
necessary to ensure the proposed use meets the objectives of this
Ordinance; results in no nuisance impacts on existing, proposed, or
potential uses in the surrounding area and on the subject site; and
results in no impacts on municipal and Commonwealth services and facilities
that are not solved by the applicant. The governing body may deny
the conditional use application if the applicant is unable to address,
to the satisfaction of the governing body, the matters identified
in this Ordinance.
H.
Special Considerations for the Increase of the Maximum Impervious
Surface Ratio in the Light Industrial District. A conditional use
for the increase of the maximum impervious surface ratio from 50%
to 60% in the LI Light Industrial District shall be subject to the
following special considerations:
1.
The applicant shall provide the following information:
a.
A site plan which illustrates the existing and proposed structures
and other improvements.
b.
A site plan which illustrates the natural features of the site
as identified in §§ 903.B.1. through six. of this Ordinance.
c.
A site plan which illustrates the soils of the site and a description
of the characteristics of these soils as identified in the Soils Survey
of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department
of Agriculture, Soils Conservation Service, July 1975 (or as revised).
d.
A plan which illustrates the stormwater management facilities
located on the site and within 500 feet of the site.
e.
Any stormwater management problems or deficiencies on the site
or within 500 feet of the site.
f.
Where there are no on-site stormwater management problems and/or
no problems with any shared off-site stormwater facility which serves
the subject site, the applicant shall submit plans and calculations
which demonstrate compliance with the stormwater management requirements
specified in the current municipal subdivision and land development
ordinance, for the proposed expanded buildings, parking, and other
improvements.
g.
Where there are on-site stormwater management problems and/or
problems with any shared off-site stormwater facility which serves
the subject site, the applicant shall submit plans and calculations
which demonstrate compliance with the stormwater management requirements,
as specified in the current municipal subdivision and land development
ordinance, for the overall site development as well as the proposed
expanded buildings, parking, and other improvements.
2.
The governing body shall submit the application to the Township
engineer for review of the plans and calculations submitted by the
applicant.
3.
The governing body shall consider the existing conditions, including
stormwater management problems on the site and in surrounding areas,
in the evaluation of the request to increase the maximum impervious
surface ratio.
4.
The governing body may impose reasonable conditions and safeguards,
in addition to the requirements of the zoning ordinance and the subdivision
and land development ordinance, as the governing body deems necessary
to ensure that the proposed or expanded impervious surface ratio;
results in no adverse impact to existing, proposed, or potential uses
in the surrounding area or on the subject site; and ensures that the
proposed impervious surface ratio is compatible with uses and activities
in the applicable zoning district and surrounding districts.
I.
Special Considerations for Use E-10 Service Station in the Office-Light
Industrial District.
1.
The applicant shall provide a site plan and other information
that identifies the following:
a.
The location and use of all buildings within 500 feet of the
site.
b.
The location of all street intersections within 500 feet of
the site. The distance between the center of all driveways on the
site to the centerline of the intersections of all streets within
500 feet of the site shall be measured.
c.
All services and products to be provided at the service station
shall be described.
d.
The applicant shall describe the storage of junk vehicles and
the sale of automobile, trucks, trailers, or other vehicles.
e.
The applicant shall describe the need for on-street parking.
2.
In the evaluation of the proposal, reasonable conditions may
be attached related to, but not limited to, the following. The applicant
shall provide information in order to address the following matters.
a.
Restrictions of access points onto certain adjoining streets.
b.
Restrictions on parking on adjoining streets.
c.
Restrictions on the placement of junk vehicles on the property.
d.
Restrictions on the sale of vehicles on the property.
e.
Restrictions on lighting of the facility.
f.
Restrictions on the storage of refuse.
g.
The need for additional buffer improvements.
h.
Restrictions related to noise, vibration, glare, odor, fire,
explosion, heat, stormwater runoff, and other matters as identified
by the Township.
J.
Special Considerations for a Business Identification Sign Along the
Routes 332- 413 Bypass. A conditional use for the Business Complex
Identification Sign along the Routes 332-413 Bypass shall be subject
to the following considerations:
1.
The applicant shall submit a sketch or design drawings of the
proposed sign to ensure it will not constitute advertisement of goods,
products, or services and will meet the purposes and intent of this
Ordinance to identify a nonresidential complex or single use, rather
than serve as a directory sign of more than one use or user located
on the subject property.
K.
Special Considerations for Use E-23, Consumer Fireworks Facility.
A conditional use for a Consumer Fireworks Facility shall be subject
to the following special considerations:
1.
Facility shall have a monitored burglar and fire alarm system
which is monitored 24 hours a day.
2.
Quarterly fire drills and preplanning meetings shall be conducted
and approved by the municipality fire department.
3.
Facility shall have security personnel on the premises for the
seven days preceding and including July 4th and for the three days
preceding and including January 2.
4.
All employees shall be trained in the area of operational safety
of the facility. The Department of Agriculture shall be provided with
written documentation that each employee has received such training.
5.
Emergency evacuation plans shall be established and conspicuously
posted in appropriate locations within the facility.
6.
Facility is properly licensed by the Department of Agriculture.
7.
No smoking shall be permitted in the facility.
8.
No cigarettes or tobacco products, matches, lighters, or any
other flames-producing devices shall be permitted to be taken into
the facility.
9.
No minors shall be permitted in the facility unless accompanied
by an adult, and each minor shall stay with the adult in the facility.
10.
Each facility shall carry at least $2,000.000 in public and
product liability insurance.
11.
No display fireworks shall be stored or located at the facility.
12.
No person who appears to be under the influence of intoxicating
liquor or drugs shall be admitted to the facility, and no liquor,
beer, or wine shall be permitted in the facility.
13.
No consumer fireworks or display fireworks shall be ignited
within 300 feet of a facility.
L.
Special Considerations for Use H-16.1, Accessory Landscape Contractor.
A conditional use for the Accessory Landscape Contractor shall be
subject to the following considerations:
1.
The applicant shall provide the following information:
a.
A site plan which illustrates the existing and proposed structures
and other improvements.
b.
The location of all residences within 500 feet of the site.
c.
A description of the services which the proposed landscape contractor
will provide, the goods and materials which will be stored on the
property, and the number of employees who will be engaged in the use.
d.
The site plan depicting any structures proposed to be constructed
in connection with the use shall include plans showing the elevation
or view of the building sufficient to depict the architectural style.
e.
The location of areas where equipment and vehicles of the business
will be stored and employee vehicles will be parked.
f.
Information regarding the frequency of deliveries to the property,
the type of vehicles that will be making deliveries to the property
and the nature of the material to be delivered.
2.
In evaluating the proposed conditional use, the Board of Supervisors
shall consider the following:
a.
The proximity of the area where the proposed use will be conducted
to adjoining residential structures.
b.
The intensity of the activities proposed in the conduct of the
use and their likely impact on adjoining property owners with respect
to the generation of noise, dust or other adverse effects.
c.
The extent to which any buildings proposed to be constructed
to house the use will adversely impact the residential character of
the neighborhood.
d.
The extent to which the use can be adequately buffered from
surrounding residential uses.
M.
Special Considerations for Use H-18, Accessory Contractor or Trade.
1.
The applicant shall provide the following information:
a.
A site plan which illustrates the existing and proposed structures
and other improvements.
b.
The location of all residences within 500 feet of the site.
c.
A description of the services which the contractor or tradesman
proposes to provide, the type and quantity of incidental goods and
materials which are proposed to be stored on the property, and the
number of employees, including the owner/proprietor and other residents,
who are proposed to be engaged in the use.
d.
If any structures are proposed to be constructed in connection
with the use, plans showing the elevation or view of the building
sufficient to depict the architectural style and visibility from neighboring
properties.
e.
The location of areas where equipment and vehicles of the business
are proposed to be stored and where employee vehicles are proposed
to be parked.
f.
Information regarding the proposed frequency of deliveries to
the property, the type of vehicles that would be making deliveries
to the property and the nature of the material to be delivered.
2.
In evaluating the proposed conditional use, the Board of Supervisors
shall consider the following:
a.
The proximity of the area where the proposed use will be conducted
to adjoining residential structures.
b.
The intensity of the activities proposed in the conduct of the
use and their likely impact on adjoining property owners with respect
to the generation of noise, dust or other adverse effects.
c.
The extent to which any buildings proposed to be constructed
to house the use will adversely impact the residential character of
the neighborhood.
d.
The extent to which the use can be adequately buffered from
surrounding residential uses.
N.
Special Considerations for Conditional Uses in the TC Town Commercial
District.
[Added effective 10/15/2012 by JMZO Ord. 2012-01, adopted
10/10/2012.]
1.
All conditional uses in the TC District shall be reviewed with
the intent and purpose of the district in mind.
2.
No conditional use shall be permitted that proposes large parking
areas visible from Sycamore Street.
3.
No conditional use shall be approved which results in any drive-through
facility.
4.
Architectural drawings of all proposed uses shall be submitted
and reviewed as part of the conditional use review.
5.
The requirements of § 1304.I of this Ordinance, relating
to Special Considerations for Use E-10, shall also apply to applications
for this use in the TC District.
