Conditional uses are listed in each zoning district in this
chapter where consistent with the purpose statement for the district.
Only those uses expressly listed as conditional uses in a particular
zoning district may be considered for approval within that zoning
district.
A.
Submission requirements.
(1)
A landowner proposing a conditional use on a lot shall submit
a development narrative and a land development plan in support of
his/her project.
(2)
The development narrative shall demonstrate that the following
concerns will be addressed:
(a)
That the proposed use is a conditional use provided for in the
zoning district based on a detailed description of all aspects of
the use;
(b)
The use shall not endanger the public health, safety or welfare
if located where proposed, and will not deteriorate the environment
or generate nuisance conditions;
(c)
The use is compatible with, or will support the existing and
projected development in the neighborhood of the site;
(d)
The use can be accommodated on the site within the lot area,
setback and coverage requirements of the zoning district or with minor
variances from the terms of this chapter can be accommodated;
(e)
The use will not require extensive earthmoving or revision of
drainage patterns;
(f)
The use shall not create excessive traffic congestion or dangerous
conditions on roads abutting the property, unless such congestion
or dangerous conditions will be mitigated by off-site improvements
provided by the developer;
(g)
Areas of the property to be disturbed but not to be covered
by buildings, driveways or parking shall be landscaped and maintained;
(h)
Adequate off-street parking shall be provided on the same property as the use, in accordance with § 350-707;
(i)
Access points to the property shall be located as remotely as
possible from street intersections, and adequate sight distances shall
be available at access points for entering and departing vehicles
as well as for through traffic on abutting roads; and
(j)
The water supply must provide for a minimum usage of 65 gallons
of water per day per person.
A.
Planning Commission.
(1)
An application for conditional use approval shall be reviewed
first by the Brady Township Planning Commission. The applicant shall
submit all required information and fees to the Township Secretary
at least 15 days prior to the regularly scheduled meeting of the Planning
Commission that the application will be considered. The Planning Commission
may refuse to accept the application if it is incomplete.
(2)
When the Brady Township Planning Commission determines that
the application is complete and the proposal meets the conditions
for the use, it shall at a regular meeting make a recommendation and
communicate it to the Supervisors in writing. The report to the Supervisors
shall specify the deficiencies or positive attributes of the application
and the minutes of the Planning Commission may serve as written notice
to the Supervisors. The Commission may recommend approval of the application
as presented, approval if certain specific changes/recommendations
are made, or denial with specific deficiencies noted.
A.
The Board of Supervisors commence a public hearing, pursuant to public
notice, on a completed request, as determined by the Zoning Officer
for conditional use within 60 days from the date of receipt of the
completed request, unless the applicant agrees in writing to a time
extension. Each subsequent hearing shall be held within 45 days of
the prior hearing unless otherwise agreed to by the applicant. Any
party aggrieved by the schedule or progress of the hearings may apply
to the Court of Common Pleas for judicial relief. The hearing shall
be completed no later than 100 days after the completion of the applicant's
case in chief, unless extended for good cause upon application to
the Court of Common Pleas. The Board of Supervisors may ask for additional
information or continue the hearing, but shall render a written decision
as indicated in this section within 45 days of conclusion of the hearing.
B.
The hearing shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a Hearing Officer. The decision,
or where no decision is called for, the findings shall be made by
the Board. However, the applicant in addition to the municipality
may, prior to the decision of the hearing, waive decision or findings
by the Board and accept the decision or findings of the Hearing Officer
as final.
C.
In addition, notice of the public hearing shall be mailed at least
30 days prior to the date of the public hearing by first-class mail
to the addresses to which real estate tax bill are sent for all real
property located within the area being rezoned as evidence by tax
records. The notice shall include the location, date and time of the
public hearing. Individual notification shall not apply in the case
of a comprehensive rezoning and a good faith effort and substantial
compliance shall satisfy these requirements.
D.
If conditions are attached to approval, the applicant shall inform
the Township Secretary within 60 days after the decision that he/she
will accept them. Failure of the applicant to acknowledge acceptance
of the conditions within 60 days of the date of the decision renders
the approval void.
E.
When the Board of Supervisors fails to render a decision within 45
days following the close of the hearing or fails to commence a hearing
within 60 days of receipt of a completed application as determined
by the Planning Commission, the decision shall be deemed to have been
rendered in favor of the applicant unless he/she has agreed in writing
or on the record to the specific extension of time. If the decision
is rendered in this manner, the Board shall give public notice within
10 days from the last day on which the decision could have been rendered
that the application has been approved as presented.
F.
The Board shall communicate its decision in writing to the applicant
personally or by mail no later than the day after the date of the
decision.
G.
The applicant shall apply for a zoning permit, building permit or
occupancy/use permit. Construction is required within one year of
the date of the Board's approval, which shall attach to the property
and may be passed to succeeding owners. The accepted conditions shall
be noted on the building or occupancy/use permit. If no building or
occupancy/use permit is applied for within one year, the conditional
use approval shall be considered null and void.
A.
Any expansion of a conditional use proposed after the initial specific
approval shall be subject to the application and review requirements
of this article.
B.
Any property devoted to a use which is listed as conditional in Articles IV and V of this chapter for the zoning district where the property is located at the time of adoption of this chapter or subsequent amendment affecting the property may continue to operate where the owner proposes to expand the use, he/she shall be subject to the application and review requirements of this article.
Conditional use in the LI Light Industrial District.
B.
Adult businesses shall not be located within 1,000 linear feet of
any property which is zoned residential.
C.
Adult businesses shall not be located within 500 feet of the property
boundary line of the following uses:
D.
Any adult business which exhibits on the premises, film, video cassette
or other method of image production which depicts nudity or sexual
conduct shall comply with the following:
(1)
At least one employee shall be on duty at all times that any
patron is on the premises.
(2)
Where viewing rooms are located on the premises, an unobstructed
view of access to all such rooms shall be available to the employee
on duty.
(3)
No viewing room shall be occupied by more than one person at
any time.
(4)
No connections or openings to adjoining viewing rooms shall
be permitted.
(5)
A minimum of one footcandle of illumination measured at floor
level shall be provided in every area where patrons are permitted
access.
E.
Where live performances are given, separate stage and viewing areas
shall be provided with separate access to each and no connecting access
between the areas.
F.
Alcoholic beverages shall not be sold on the premises of an adult
business.
G.
An annual occupancy/use permit issued by the Zoning Officer shall
be secured prior to the operation of any adult business.
H.
Hours of operation shall be Monday through Saturday, 10:00 a.m. to
10:00 p.m., and closed on Sundays.
Conditional use in the R Residential Zoning Districts. Maximum
eight dwelling units per structure. Each apartment shall contain,
for the exclusive use of its occupants, its own toilet and washing
facilities in separate rooms as well as a stove or cooktop, refrigerator
and food preparation area.
A.
An apartment shall be considered a dwelling unit within a building
containing at least three such units, each independent of the others
and each with access to a common hall leading to the outside or with
access directly to the outside.
B.
Sanitary sewer and water services. Each apartment building or group
of buildings on the same lot shall be connected to a sewage collection
and treatment system and water supply system acceptable to the Sewage
Enforcement Officer and the State Department of Environmental Protection.
The developer shall establish a public utility company to operate
the systems.
C.
Dwelling density. Apartments: one dwelling per 5,000 square feet
of lot area.
E.
An apartment may be located within an otherwise commercial building
for the owner, operator or manager. The second floor above retail
business space on the ground floor may be occupied by apartments.
G.
In the event that the dwellings are to be sold to create condominiums,
the owner of the building or buildings shall establish an association
of condominium purchasers, to which all purchasers must belong, to
succeed in the owner's interests. The association shall have the power
to annually levy and collect assessments from the purchasers to operate
the services and common areas formerly the owner's responsibility.
The association's by-laws shall be reviewed by the Township Solicitor
to determine that the interests of the purchasers and the Township
are protected.
Conditional use in the HC Highway Commercial Zoning District.
A.
The premises shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
B.
No garbage or other organic waste shall be stored on the premises.
C.
The manner of storage shall facilitate access for firefighting equipment
and shall prevent accumulation of stagnant water.
E.
No junk or wrecked vehicles shall be stored or accumulated and no
structure shall be constructed within 100 feet of any dwelling unit
or within 40 feet of any property line or public street.
F.
An opaque fence, a minimum of six feet in height shall be provided
around the entire perimeter of the lot.
G.
The fence shall be supplemented with planted screening material which
creates a visual barrier that is at least 80% opaque.
H.
The operator shall obtain a license from the Township prior to initiating
operations which shall be renewable annually upon payment of a fee
established by resolution of the Township Board of Supervisors and
inspection by the Zoning Officer or his authorized representative
to determine continuing compliance with these standards.
Conditional use in the AR Agricultural Residential and R Residential
Zoning Districts.
A.
All floors above grade shall have two direct means of egress to exit
the structure.
B.
One off-street parking space shall be provided for each room available
for rent in addition to those required for the dwelling unit.
C.
An approved means of sewage disposal and water supply shall be provided.
Bed-and-breakfast establishments that use or propose to use an on-lot
sewage disposal system shall obtain a written statement from the Township
Engineer certifying that the system is properly designed to accommodate
the use.
Conditional use in the PC Park Conservation Zoning District.
A.
A minimum site of 10 acres shall be required.
B.
A drainage plan shall be submitted with the application to show existing
and proposed runoff characteristics.
C.
Ingress, egress and internal circulation shall be designed to ensure
safety and minimize impact on local roads. Plans for ingress/egress
shall be reviewed by the Township Supervisors for comments regarding
public safety. The applicant shall demonstrate that the granting of
the proposed use shall not materially increase traffic congestion
on adjacent roads and highways.
Conditional use in the LI Light Industrial Zoning District.
The following regulations will be followed where a satellite dish
is greater than one meter in diameter or multiple satellite dishes
are erected.
A.
The dish antennas and accessory equipment shall comply with all area,
dimensional, and yard setbacks for the zoning district in which the
dish antennas is located.
B.
The dish antennas installation will comply with all federal and state
regulations.
C.
Dish antennas shall be blended with the existing the primary structure,
if mounted on said structure, to the greatest extent possible.
D.
Fencing. A fence shall be required around the dish antennas support
structures and other equipment, unless the dish antennas are mounted
on an existing structure. The fence shall be a minimum of eight feet
in height.
E.
Landscaping. The following landscaping shall be required to screen
as much of the support structures, dish antennas, equipment, the fence
surrounding the support structures, and any other ground-level features
(such as an accessory building), and in general soften the appearance
of the site as much as possible. Brady Township may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of
screening as the required landscaping. If the dish antenna is mounted
on an existing structure, and other equipment is housed inside an
existing structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting,
and shall grow to a minimum of 15 feet at maturity.
F.
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible. A land development plan shall be required for all dish antennas sites, showing the dish antennas, dish antennas support structures, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 295, Subdivision and Land Development. The site plan shall not be required if the antennas are to be mounted on an existing structure.
G.
In granting the use, the Supervisors may attach reasonable conditions
warranted to protect the public health, safety and welfare, including,
but not limited to, location, fencing, screening, increased setbacks
and the right to use said facilities for public purposes.
H.
All approvals will be only for specific facilities set forth in the
application. No additions or alterations thereto will be permitted
without a new application.
Conditional use in the AR Agricultural Residential, HC Highway
Commercial and PC Park Conservation Zoning Districts. The following
regulations shall apply to all transmission facilities proposed for
placement in the LI Light Industrial District also.
A.
Lot size. The lot size dimensions (depth and width) shall be dictated
by the fall radius of the tower. The minimum dimensions shall be the
radius of the height of the tower in each direction. (Example: 200-foot-high
tower would be required to have a 400-foot-diameter parcel.)
B.
The communications company is required to demonstrate, using technological
evidence, that the antenna must go where it is proposed, in order
to satisfy its function in the company's grid system.
C.
If the communications company proposes to build a tower (as opposed
to mounting the antenna on an existing structure), it is required
to demonstrate that it contacted the owners of tall structures within
a one-quarter-mile radius of the site proposed, asked for permission
to install the antenna on those structures, and was denied for reasons
other than economic ones. This would include smoke stacks, water towers,
tall buildings, antenna support structures of other communications
companies, other communications towers (fire, police, etc.), and other
tall structures. Brady Township may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the antenna on an existing structure.
D.
The applicant shall demonstrate that the antenna is the minimum height
required to function satisfactorily. No antenna that is taller than
this minimum height shall be approved. In addition, no antenna shall
exceed 200 feet in height.
E.
All communications towers must be stealth towers. A stealth tower
is a communications tower which is not recognizable as a conventional
communications tower (e.g., a metal lattice structure), but instead
is disguised or concealed in such a fashion as to conform to its surroundings.
Examples of such stealth towers include a tower which looks like a
tree or a clock tower, or one which is concealed in a church steeple
or concrete silo.
F.
The Township Supervisors may waive the stealth tower requirement
where the applicant can demonstrate that the requirement is not necessary
to protect the health, safety and welfare, considering items such
as impact on surrounding and abutting property values; height; screening;
number of uses per tower, including public uses; location; and actual
setbacks.
G.
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be the largest of the following:
H.
Fencing. A fence shall be required around the antenna support structure
and other equipment, unless the antenna is mounted on an existing
structure. The fence shall be a minimum of eight feet in height.
I.
Landscaping. The following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general soften the appearance of the cell site.
Brady Township may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the antenna is mounted on an existing structure, and
other equipment is housed inside an existing structure, landscaping
shall not be required.
(1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting,
and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
J.
In order to reduce the number of antenna support structures needed
in the community in the future, the proposed support structure shall
be required to accommodate other users, including other communications
companies, and local police, fire, ambulance services and municipal
authority and road departments. In addition, a linear two-mile separation
shall be maintained between communications towers, measured from the
base of the support structure.
K.
The communications company must demonstrate that it is licensed by
the Federal Communications Commission.
L.
Antenna support structure under 200 feet in height should be painted
silver or have a galvanized finish retained, in order to reduce the
visual impact. Support structures may be painted green up to the height
of nearby trees. Support structures near airports shall meet all Pennsylvania
Department of Transportation, Bureau of Aviation and Federal Aviation
Administration regulations. No antenna support structure may be artificially
lighted except as provided for and required by the Pennsylvania Department
of Transportation, Bureau of Aviation and FAA.
M.
A land development plan shall be required for all communication tower sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 295, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.
N.
In granting the use, the Supervisors may attach reasonable conditions
warranted to protect the public health, safety and welfare, including,
but not limited to, location, fencing, screening, increased setbacks
and the right to use said facilities for public purposes.
O.
All approvals will be only for specific facilities set forth in the
application. No additions or alterations thereto will be permitted
without a new application.
Conditional use in the AR Agricultural Residential, R Residential
and HC Highway Commercial Zoning Districts.
A.
A group home is a dwelling occupied by no more than eight persons
who are mentally or physically challenged plus supervisory staff persons,
overseen by a public agency or private organization. A personal care
home is a dwelling which accommodates up to eight persons who are
elderly, infirm or have limited mobility but do not require twenty-four-hour
nursing care.
B.
A personal care home may be a converted dwelling or a facility built
for the purpose. In either case, there shall not be more than one
resident per 5,000 square feet of property area.
C.
Each group, personal care and nursing home shall be certified to
operate by the Commonwealth of Pennsylvania or have certification
pending prior to opening.
D.
Group or personal care homes may be considered as home businesses if operated by the dwelling owner-resident. Larger personal care or nursing homes with nine or more residents may be operated as institutions once approved as conditional uses provided the density standard of § 350-812B herein is met and adequate sewage disposal and water supply systems are provided to meet the needs of the clients.
Conditional use in the AR Agricultural Residential Zoning District.
A.
Maximum interior area: 8,000 square feet.
B.
A health clinic shall be considered a facility providing family health
care on a walk-in or appointment basis, including health maintenance
and emergency treatment, but not including surgery or overnight care,
and involving one or more doctors, dentists, chiropractors or other
caregivers.
C.
The facility shall have access directly to a Township collector roadway
or state highway.
D.
Parking shall be provided at the ratio of one space for each 200
square feet of floor area, and parking areas shall not be located
between the front wall of the building and the street.
Conditional use in the, AR Agricultural Residential, R Residential,
HC Highway Commercial, LI Light Industrial, and PC Park Conservation
Zoning Districts.
A.
Removal of minerals encountered during the routine grading of a site
for the purposes of an approved land development or for the construction
of public improvements shall be excluded from these regulations and
the requirement to obtain approval of a conditional use application,
provided evidence is presented to the Township that all applicable
requirements of the Pennsylvania Department of Environmental Protection
(PaDEP) are met.
B.
There shall be no removal of minerals or vegetative cover within
100 feet of the bank of any stream or natural watercourse identified
on maps prepared by the United States Geologic Survey (USGS).
C.
Mineral removal shall be prohibited in watersheds or rivers or streams
now or hereafter designated by the Pennsylvania Fish Commission as
a Wilderness Trout Stream, by the Pennsylvania Department of Environmental
Protection (PaDEP) as part of the Scenic Rivers System or designated
under the Federal Wild and Scenic Rivers Act.
D.
No mineral removal shall be conducted within 300 feet of any public
building, school, church, community or institutional building, commercial
building, public park or private recreational area.
E.
No mineral removal shall be conducted within 100 feet of the outside
right-of-way line of any public street, except where access roads
or haulage roads join the right-of-way line and where the appropriate
state or federal agency having jurisdiction over the conduct of mineral
removal operations shall permit it in accordance with the law.
F.
No mineral removal shall be conducted which will adversely affect
any publicly owned park or paces included in the National Register
of Historic Sites, unless approved by the governmental agency with
jurisdiction over the park or historic site.
G.
No mineral removal shall be conducted within 100 feet of a cemetery.
H.
No mineral removal shall be conducted within 300 feet of an occupied
dwelling, unless the consent of the owner has been obtained in advance
of the filing of the application for zoning approval.
I.
The applicant shall present expert testimony to demonstrate that
the proposed mineral removal operation will not adversely affect any
of the following:
J.
The applicant shall present expert testimony to demonstrate that
the use of explosives, if proposed, shall not cause injury to any
adjacent structures or shall not substantially diminish underground
water resources.
K.
If blasting is to be undertaken, a seismograph shall be placed on
the site of the operation during all times when blasting is performed
which shall be monitored by an independent engineering consultant
whose credentials are acceptable to the Township and whose fee is
paid by the applicant.
L.
The applicant shall provide reclamation plans for the site that demonstrate
that the condition of the land after the operation is completed will
allow economically and ecologically productive uses of the type permitted
in the district in which the site is located. Acceptance of the reclamation
plan shall not constitute approval of any aspect of any future development
plan.
M.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall show evidence of compliance with designated weight
limits on state, county and Township roads and shall design the hauling
routes for the mineral removal operation to minimize the impact on
local streets within the Township.
N.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township prior to beginning operations to guarantee
restoration of Township streets which may be damaged during the mineral
removal operations.
O.
Portions of the site where mineral removal operations are conducted
may be required to be fenced or screened, as necessary, to provide
security and protect adjacent properties.
P.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
and federal permits, including proof of insurability, before initiating
any work and shall maintain the required permits throughout the duration
of all operation. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
Q.
Approval of the conditional use shall expire if work authorized in
the application for the conditional use is not commenced within six
months of the date of approval of the conditional use application
by the Board of Supervisors, unless the applicant submits a written
request for an extension prior to the expiration of the six months
after the date of approval.
R.
Once work is initiated under an approved application for conditional
use, zoning approval shall be valid for a period of one year from
the date of conditional use approval by the Board of Supervisors.
An application for renewal of zoning approval shall be submitted prior
to the expiration of zoning approval and shall be approved by the
Zoning Officer upon demonstration by the applicant that all conditions
of approval of the conditional use and the required federal and state
permits remain in full force and effect and that the applicant is
diligently pursuing the completion of the mineral removal operation.
S.
During the mineral removal operation, the Township Engineer may inspect
the site at the request of the Board of Supervisors to determine continuing
compliance with these standards and criteria and any conditions of
approval. The cost of inspection by the Township Engineer shall be
borne by the operator.
Conditional use in the AR Agricultural Zoning District.
A.
A minimum lot area of five acres shall be required: however, the
minimum lot area required may be reduced to not less than 12,000 square
feet for public facilities which are located in established neighborhoods
within walking distance of the residents they are intended to serve
and where no off-street parking is proposed for the facility.
B.
All principal structures shall be located at least 30 feet from any
property line.
C.
A buffer yard, as defined by § 350-708 of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.
E.
All lighting shall be shielded away from adjoining streets and properties.
F.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations at 10:00 p.m.
Conditional use in the AR Agricultural Residential Zoning District.
A.
The minimum site area required for a retirement home or nursing home
shall be three acres.
B.
The applicant shall demonstrate that the granting of the proposed
use shall not materially increase traffic congestion on adjacent roads
and highways.
C.
Nursing homes shall have a bed capacity of not less than 20 beds
and no more than 100 beds.
D.
The facility shall be licensed by the commonwealth.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and access by emergency vehicles.
F.
All property lines adjoining residential use or zoning classification shall be screened by a buffer yard as required by § 350-708 of this chapter.
G.
The site shall be serviced by public water and public sewers or an
approved private sewer system.
H.
Water volume and pressure shall be adequate for fire protection.
Conditional use in the AR Agricultural Zoning District.
A.
Access to the site shall be from a public road.
B.
All structures shall be screened from adjacent residential uses or zoning classifications as per § 350-708.
C.
All structures shall be located a minimum of 300 feet from any residential
building on any abutting lot or tract.
D.
All outdoor storage shall be screened from adjacent residential properties.
E.
Minimum area shall be at least two acres.
F.
Sawmills shall be set at least 50 feet from the front lot line and
at least 75 feet from the side or rear lot lines.
G.
There shall be no storage of logs or processed lumber within 50 feet
of any lot line.
Where the Township Board of Supervisors, in this chapter, has
stated special exceptions to be granted or denied by the Zoning Hearing
Board pursuant to express standards and criteria, the Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria. In granting a special exception,
the Board may attached such reasonable conditions and safeguards,
in addition to those expressed in this chapter and the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1] A special exception shall not be granted by the Board
unless and until:
A.
A written application for a special exception is submitted demonstrating
that the development:
(1)
Will not endanger the public health or safety if located where
proposed and that the use will not generate nuisance conditions such
as traffic congestion, noise, dust, glare or vibration;
(2)
Will not cause substantial injury to the value of other property
in the neighborhood where it is to be located;
(3)
Meets all requirements of this chapter in the zoning district
where the use is proposed;
(4)
Is in general conformity with the most recently adopted Comprehensive
Plan for Brady Township and in harmony with the area in which it is
proposed; and
(5)
The water supply must provide for a minimum usage of 65 gallons
of water per day per person.
B.
The developer shall submit drawings to the Board indicating the boundaries
of the property, location of adjacent streets, the location and height
of proposed buildings on the property with dimensions from property
lines, access to the property and the location and number of proposed
parking spaces.
D.
The Board, before it grants a special exception, shall make findings
of fact and state its reasons for granting the special exception.
The Board shall have the authority to require and approve specific
plans, to increase the requirements set forth in this chapter, but
in no case shall the Board have the authority to decrease the requirements
of this chapter for any use in the district it proposes to locate.
Any such decrease in the requirements of this chapter shall only be
granted upon the issuance of a variance.
E.
All conditions required by the Board shall be entered in the minutes
of the meeting at which the permit is granted and also on the certificate
of special exception.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Use by special exception in the AR Agricultural Residential
Zoning District, including but not limited to golf courses, bowling
alleys, batting cages and miniature golf.
A.
Such facilities shall be generally limited to golf courses, hunting
and fishing clubs, miniature golf courses, golf driving ranges, fishing
lakes, tennis clubs or swim clubs. The category shall not be construed
to include concert halls or outdoor concert areas, race tracks of
any kind, stadiums or similar facilities intended to attract large
crowds.
B.
Such facility shall be located on a suitable road that connects to
other roads on both ends. A traffic impact study, assessing the impact
of the proposed use on existing roads, intersections, and circulation
patterns, and setting forth mitigation measures to eliminate or substantially
reduce such impacts, shall be submitted as part of the application.
C.
No parking areas shall be located between the principal building
on the lot and the abutting road.
D.
All property lines that abut a residential use or district shall be screened with a buffer yard, as defined in § 350-708 of this chapter.
E.
The only dwelling on the property, if one is provided, shall be that
of a manager or a caretaker and his family.
F.
The Board may restrict access to the facility, storage of vehicles
or materials on the property, and hours of operation to ensure no
adverse impacts on adjacent properties.
G.
The Board may restrict outdoor lighting on the property to a greater
extent than district regulations may otherwise require, in order to
eliminate glare on abutting public roads and private property.
H.
All principal structures such as pools, bath houses, restaurants,
or clubhouses shall be set back at least 100 feet from the front property
line and at least 50 feet from other property lines.
Use by special exception in the AR Agricultural Residential
Zoning District. Two apartments may be created in a single-family
detached dwelling, where permitted (excluding a mobile home), provided:
A.
The proposed apartment will contain at least 450 square feet of floor
area;
B.
Each dwelling has separate and complete bathrooms, and cooking and
food storage facilities;
C.
Each has separate entrances directly to the outside;
D.
The existing well and septic systems are adequate to handle the second
dwelling or a second well and/or septic system are installed at the
direction of the Sewage Enforcement Officer; and
E.
Neither apartment is later subdivided and sold as a separate property.
Use by special exception in the AR Agricultural Residential
Zoning District.
A.
The minimum site size required shall be two acres.
B.
All feed and fertilizer shall be stored at least 200 feet from any
dwelling unit or shall be stored within a completely enclosed building.
C.
Any outdoor display area shall be secured by a fence at least eight
feet in height which is secured by self-latching gates.
D.
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion.
E.
The applicant shall demonstrate that the granting of the proposed
use shall not materially increase traffic congestion on adjacent roads
and highways.
F.
The storage or use of any hazardous or potentially hazardous fertilizers
and/or materials shall be limited to those materials required to be
used by, or produced in connection with, the research and development
activity. The transportation, handling, use and disposal of such materials
shall conform to all applicable Federal Environmental Protection Agency
(EPA) and the Pennsylvania Department of Environmental Protection
(PaDEP) regulations and permit requirements.
Use by special exception in the AR Agricultural Residential
and PC Park Conservation Zoning District.
A.
The club qualifies as an organization of persons incorporated pursuant
to the provisions of the Membership Corporation Law or the Benevolent
Orders Law, which is the owner, lessee, or occupant of an establishment
operated solely for a recreational, social, patriotic, political,
benevolent, education, or athletic purpose, but not for pecuniary
gain, or is the applicant for a permit to operate such an establishment.
B.
That under the constitution or by-laws of the club, the privileges
of the club are in fact, or will be, limited to bona fide regularly
enrolled, dues-paying members and guests accompanying them.
C.
The applicant shall demonstrate that the granting of the proposed
special exception shall not significantly increased traffic congestion
on adjacent roadways.
D.
That the club will not be used in whole or in part for the conduct
of any business or enterprise for profit, but this requirement shall
not be construed to prevent the utilization or rental of such club
or parts thereof for benefits or performances for a recognized charity,
nor for the meetings of other organizations, nor for educational and
cultural purposes.
E.
All property lines adjoining a residential use shall be screened by a buffer yard as required by § 350-708 of this chapter.
F.
No residential accommodations except for a manager and his family
shall be permitted.
Use by special exception in AR Agricultural Residential Zoning
District.
Use by special exception in AR Agricultural Residential Zoning
District.
A.
Landfills shall be located on sites with a minimum of 100 acres in
land area.
B.
All landfill disposal areas shall be set back a minimum of 100 feet
from all pubic roads.
C.
All landfill disposal areas shall be set back a minimum of 300 feet
from an existing dwelling, school or church.
D.
The landfill disposal area shall be screened from public view by dense foliage as per § 350-708, changes in topography or fencing. In addition, a security fence, a minimum of six feet in height, with a lockable gate shall be erected around the perimeter of the site and maintained in good condition.
E.
A traffic and roadway sufficiency analysis shall be submitted to
determine the adequacy of the road network and the structural condition
of the roads serving the landfill for the traffic to be generated
by the landfill.
F.
Access to the landfill shall not be through any residential subdivision
or development and shall be from a collector or arterial road.
