This article sets forth a set of procedures and standards for
special uses, which, because of their unique characteristics, require
specific consideration. Special land uses are considered to be more
intense, or potentially more disruptive, compared to uses which are
permitted by right in a particular zoning district. These review procedures
and standards are intended to regulate the use of land and site design
based on characteristics of a particular use and to prevent adverse
impact on adjoining or nearby properties.
In addition to the special land use application and required
fee, the following shall be submitted to the Planning Department:
A. A preliminary site plan identifying the size, configuration and location
of existing and proposed buildings, parking, service areas, access
drives, landscape, natural features and other significant features
of the site.
B. Written responses to the special land use standards contained in §
170-30.4.
The Planning Commission shall consider the following standards
when reviewing a special land use request:
A. Compatibility with adjacent uses. The proposed special land use shall
be designed and constructed in a manner that is harmonious with the
character of the adjacent property and the surrounding area. The special
land use shall not create a significant detrimental impact, as compared
to the impacts of permitted uses.
B. Compatibility with the Master Plan. The proposed special land use
shall be compatible with and in accordance with the goals and objectives
of the Township Master Plan and any associated subarea and corridor
plans.
C. Traffic impact. The proposed special land use shall be located and
designed in a manner that will minimize the impact on traffic, taking
into consideration pedestrian access and safety, vehicle trip generation,
types of traffic, access location and design, circulation and parking
design, street capacity and traffic operations at nearby intersections
and access points.
D. Impact on public services. The proposed special land use shall be
adequately served by essential public facilities and services, such
as streets, pedestrian or bicycle facilities, police and fire protection,
drainage systems, refuse disposal, water and sewerage facilities,
and schools.
E. Compliance with Zoning Ordinance standards. The proposed special
land use shall be designed, constructed, operated and maintained to
meet the intent of the zoning districts, and the site shall be able
to comply with all applicable requirements of this chapter.
F. Impact on the environment. The proposed special land use shall not
unreasonably impact the quality of the natural features and the environment
in comparison to the impacts associated with typical permitted uses.
G. Specific special land use requirements. The proposed special land
use shall comply with any specific requirements relating to a particular
use.
H. The Planning Commission shall also consider the following factors
when reviewing a special land use:
(1)
The nature and character of the activities, processes, materials,
equipment or conditions of operation typically associated with the
use.
(2)
Vehicular circulation and parking areas.
(3)
Outdoor activity, storage and work areas.
(5)
Production of traffic, noise, vibration, smoke, fumes, dust,
glare and light.
The following provisions apply when there is an amendment or
a proposed expansion to an approved special land use or when there
is a proposed change from one special land use to another:
A. In determining whether a proposed site plan amendment or expansion requires a new special land use approval, any site plan changes that are determined by the Township to be major changes, as defined in §
170-33.8, shall require a new special land use approval.
B. The applicant shall be responsible for informing the Township of
any change in an approved use, operations or activities, prior to
the changes taking place.
C. In determining whether a proposed change to the use requires a new
special land use approval, consideration shall be given to a departure
from the operation or use as described in the approved application
or any change that may cause external impacts such as, but not limited
to, additional traffic, changes to traffic patterns, hours of operation,
noise, outdoor storage or display.
The Zoning Board of Appeals shall not have the authority to
grant a variance to allow a special land use that was denied by the
Planning Commission, nor shall the Zoning Board of Appeals have the
authority to grant a variance to any conditions placed on special
land use approval.
If construction has not commenced within one year of final site
plan approval, the special land use and site plan approvals become
null and void and a new application for special land use shall be
required.
A single one-year extension may be approved by the Planning
Commission. Requests for extensions must be made in writing prior
to the expiration date of the approval. An extension shall be granted
if the applicant provides evidence that the use and site plan have
a reasonable likelihood to be established during the one-year extension
period. The applicant may be required by the Township to submit a
new site plan if the Township finds there have been applicable amendments
to this chapter since the special land use was approved.
The Township may make periodic investigations of developments
authorized by special land use permit to determine continued compliance
with all requirements imposed by the Planning Commission and this
chapter.
The property owner shall be responsible for maintenance of the
property in accordance with the approved site plan until the property
is razed, until new zoning regulations supersede the regulations upon
which approval was based, or until a new use or site plan is approved.
Any property owner who fails to maintain an approved site plan shall
be deemed in violation of the provisions of this chapter.
Revocation of a special land use may occur if its recipient
fails to continuously abide by its terms and conditions. The procedure
for revocation is as follows:
A. The Township shall notify the recipient, in writing, of any violations
of Township codes or provisions of the special land use.
B. The recipient shall have 30 days to correct all deficiencies to the
satisfaction of the Township.
C. If deficiencies are not corrected within 30 days, the Township may
revoke the special land use or, if the conditions warrant, allow additional
time.
D. A repeat violation may cause immediate revocation of the special
land use.
A special land use approval that ceases to operate continuously
after one year shall be considered discontinued and the special land
use approval shall be deemed null and void.