Biglerville City Zoning Code
PART 10
STANDARDS AND CRITERIA FOR CONDITIONAL USES
§ 27-1001 Purpose.
[Ord. 2-89, 4/4/1989, § 1001]
The purpose of this Part is to set forth the standards and criteria for the consideration of conditional uses. The conditions set forth in this Part shall be a supplement to the district provisions and general provisions of this Chapter and are not meant to replace them or to be considered in their stead.
§ 27-1002 Procedures.
[Ord. 2-89, 4/4/1989, § 1002]
1.
Ten days prior to the date of the next meeting of the Borough Planning Committee, the applicant shall file an application for approval of the conditional use, along with such fee as shall be prescribed in the Biglerville Borough Zoning Fee Schedule.
2.
At the next meeting of the Planning Committee after the application has been properly filed, the Planning Committee shall set a date on which the public hearing on the application shall be held. In no case shall land application for a conditional use be considered or recommended to the Borough Council for approval or denial until a public hearing on the application shall be held.
3.
Each application for a conditional use shall be accompanied by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas and all streets within 500 feet of the lot. In addition, as a minimum, the following shall be shown:
A.
The nature, size and intensity of the proposed use.
B.
The site layout including vehicular and pedestrian traffic routes and the intensity of that traffic.
C.
The location, nature and height of any walls, fences, landscaping and accessory structures.
D.
The location of any naturally occurring areas. Such areas shall include, but may not be limited to, floodplain, sinkholes and steep slopes.
E.
Accompanying data to show that all proposed structures, equipment and material is readily accessible of fire and police protection; that in general, the proposed use will be in keeping with existing development on adjacent properties; that the proposed use will not present a hazard or inconvenience to adjacent properties.
F.
In recommending the approval of any such use, the Planning Committee shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may recommend appropriate conditions and safeguards as may be required in order that the result of the approval, to the maximum extent possible, further the expressed intent of this Chapter.
§ 27-1003 Referral to the County Planning Commission.
[Ord. 2-89, 4/4/1989, § 1003]
Should any conditional use approval involve any area of subsidence, steep slope or storage, creation or use of hazardous substances, the secretary of the Planning Committee shall forward a copy of all pertinent materials to the County Planning Commission, along with a copy of the notice of public hearing at least 15 days prior to that hearing. The transmittal shall request a written report of the County Planning Commission review. Such report shall then be made to a part of the recommendation of the Borough Planning Committee to the Borough Council.
§ 27-1004 Public Hearing.
[Ord. 2-89, 4/4/1989, § 1004; as amended by Ord. 6-2003, 9/2/2003, § 1]
1.
The Borough Planning Committee shall not recommend any application for a conditional use without first holding a public hearing, notice of which shall be given by publication in a newspaper at least 10 days before the date of such hearing, and notice of said hearing may be posted by certified mail at least five days before the hearing, to the following: All owners of property which lies adjacent to the property which is subject to the request for conditional use; all other parties as the Committee may deem advisable.
A.
The names of said owners shall be taken as they appear on the last completed tax roll of the Borough.
B.
Provided that due notice shall have been published as set forth above and that there shall have been substantial compliance with the remaining provisions of the paragraph, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Committee in connection with the approval of any conditional use.
2.
Where the Borough Council, in this Chapter, has stated conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, the Planning Committee shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. 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 appellant or the applicant, as the case may be, in addition to the Borough, 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. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
3.
Where the Borough Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in § 908(1.2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has greed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this Act. If the Borough Council shall fail to provide such notice, the applicant may do so.
4.
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
§ 27-1005 Committee Action.
[Ord. 2-89, 4/4/1989, § 1005; as amended by Ord. 6-2003, 9/2/2003, § 1]
The Committee shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Committee. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the Chapter, the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
§ 27-1006 Conditions and Safeguards.
[Ord. 2-89, 4/4/1989, § 1006]
The Borough Council may require the conditional use permit to be periodically reviewed to determine compliance with the conditions set forth as part of the original approval. In the case where the original conditions have not been or are no longer being complied with, a period of 60 days shall be granted the applicant or other responsible party for full compliance prior to the revocation of the conditional use permit, at which time the use shall cease.
§ 27-1007 Effect of Conditional Use Permit.
[Ord. 2-89, 4/4/1989, § 1007]
Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the District in which such use is located provided the use remains in compliance with the conditions set forth at the time of approval, and further provided that conforming use status shall affect only the lot or portion thereof which was set forth in the application for approval.
§ 27-1008 Consideration of Borough Council.
[Ord. 2-89, 4/4/1989, § 1008; as amended by Ord. 6-2003, 9/2/2003, § 1]
1.
On application, and after a public hearing and recommendation by the Planning Committee, the Borough Council may approve or disapprove a conditional use permit for the proposed use. In the course of its consideration, the Council may modify the conditions as recommended by the planning committee and/or require additional conditions.
2.
Where the Committee fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in § 27-1004 of this Chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Committee to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. If the Borough Council shall fail to provide such notice, the applicant may do so.
3.
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
§ 27-1009 Subdivision and Land Development Approval.
[Ord. 2-89, 4/4/1989, § 1009]
No application for a conditional use permit shall be considered by the Borough unless and until any required subdivision and land development plan approval shall have been secured prior to the application.
§ 27-1010 Conversion Residential Units and Accessory Apartments.
[Ord. 2-89, 4/4/1989, § 1010]
When an existing single residential unit is proposed to be altered to contain two or more residential units, a conditional use permit shall be secured prior to any construction, renovation, demolition or alteration. At a minimum, the following conditions shall apply:
A.
Such units being created for the purpose of housing an elderly or handicapped or incapacitated parent, stepparent or parent-in-law of the residence shall be approved for a conditional use permit without further conditions provided no structural changes are proposed for the residence. At such time as the unit ceases to be occupied by the aforementioned relative, a new permit must be sought.
B.
Such units being created for the purpose of housing a handicapped or incapacitated child or stepchild or daughter-in-law or son-in-law or grandchild of the owner of the property shall be subject to the same requirements as set forth in Subsection A above.
C.
Such units being created for rent to the general public or under conditions other as set forth in Subsections A and B above, shall be subject to the following:
(1)
The resident shall not be altered, renovated or changed in any way without the approval of the Zoning Officer.
(2)
The residence shall not be enlarged by more than 10%.
(3)
A separate entrance directly to the outdoors shall be provided.
(4)
Two off-street parking spaces shall be provided for each such unit.
D.
In any case, such units shall be approved and continue to be considered in compliance with the requirements of this Chapter only for the length of time that the owner also lives in one of the units. At no time shall the intent of this Chapter be construed as permitting the creation of multifamily or apartment rental units wherein the owner does not reside.
§ 27-1011 Home Occupations and Cottage Industries.
[Ord. 2-89, 4/4/1989, § 1011]
When any residential unit is proposed to be used as a location for a home occupation, that use shall be in addition to the primary residential use of the property as set forth in § 27-502. In addition, the following conditions shall be required:
A.
No renovations shall be approved which would change the general character of the exterior of the residential unit, with the exception of the addition of separate outside or safety entrances.
B.
No sign shall be erected for the purpose of advertising the occupation and/or product which is not compatible with the architecture of the residential unit. Such signs shall not be in excess of 12 square feet in area.
C.
The home occupation shall be the effort of the occupant of the residential unit, who will preferably be the owner of the property. Any application for approval of a home occupation by a tenant shall not be approved unless and until the property owner signifies his permission in writing.
D.
Parking spaces shall be provided as required by Council in accordance with this Chapter.
E.
Upon the cessation of any home occupation use, that use or any use considered to be a home occupation shall be again permitted only upon new application. The use shall be considered to have ceased after a period not in excess of six months has passed in which the use has not been active.
§ 27-1012 Mobile Home Parks.
[Ord. 2-89, 4/4/1989, § 1012]
Mobile home parks shall be permitted on the condition that they are designed, constructed and maintained in compliance with the requirements of Part 10 of the Subdivision and Land Development Ordinance [Chapter 22], which is the ordinance governing mobile home parks within the Borough, with the following exceptions:
A.
The minimum lot area of a mobile home lot shall be given 5,000 square feet with a minimum width of 50 feet. Maximum overall density shall be eight units per acre.
B.
At no time shall the term "mobile home" be considered synonymous with "industrialized housing" as it applies to "double-wide mobile homes".
C.
The minimum lot area for the development of a mobile home park shall be two acres.
§ 27-1013 Junkyards.
[Ord. 2-89, 4/4/1989, § 1013; as amended by Ord. 6-2003, 9/2/2003, § 1]
1.
When any property is proposed for use as a junkyard an application shall be submitted showing how the applicant intends to comply with all applicable regulations of the Pennsylvania Department of Environmental Protection. In addition, the Council may require any studies and/or actions it deems necessary to insure that the proposal, if approved, will not adversely affect the health, safety and general welfare of the surrounding community.
2.
Regardless of the placement of any buildings, sheds, etc., located on the same property, no junk of any kind shall be placed within 250 feet of any property line; either vegetative of constructed visual barriers shall be placed within this setback area. Such barriers shall be in keeping with the general character of the neighborhood.
§ 27-1014 Storage of Controlled Materials.
[Ord. 2-89, 4/4/1989, § 1014]
1.
Storage of materials as listed in Title III, Superfund Enactment and Reauthorization Act as published in the Federal Register of April 22, 1987, or amendments to that list; and/or materials listed as hazards in the work place may be approved as a conditional use provided the applicant can show continuing compliance with the regulations governing the storage of those materials. For the purposes of this Chapter, copies of OSHA, EPA or other pertinent agency approval shall be considered evidence of compliance. Such copies shall be forwarded to the Borough Council as often as they are obtained.
2.
Nothing in this Chapter shall be construed to require any action which is in conflict with the Emergency Response Plan which Adams County has formulated on behalf of the Borough.
§ 27-1015 Convenience Stores.
[Ord. 2-89, 4/4/1989, § 1015]
Convenience stores shall be permitted on the condition that they are designed and constructed in accordance with any regulations governing the underground storage of liquid fuels. In addition:
A.
They shall not be located in such a manner that entrance and exit points form a "short cut" to any traffic control facilities.
B.
Adequate parking shall be provided in accordance with the provisions of this Chapter.
C.
There shall be one entrance and one exit point, which shall be controlled and defined.
§ 27-1016 Attached, Row or Townhouse Units.
[Ord. 2-89, 4/4/1989, § 1016]
1.
Attached, row or townhouse units shall be subject to the following:
A.
Minimum lot area per unit: 2,500 square feet.
B.
Minimum lot width per unit: 20 feet.
C.
Maximum units in one structure: eight.
D.
Maximum units per acre: 10.
E.
Minimum separate distance between buildings: 60 feet.
F.
Minimum parking spaces per unit: two.
G.
Front yard: 25 feet.
H.
Side yard (end units): 30 feet.
I.
Rear yard: 20 feet.
2.
There shall be located parallel to the rear property line an easement, five feet in width for the purpose of pedestrian ingress and egress by the interior property owners.
§ 27-1017 Outdoor Storage Areas.
§ 27-1018 Specialty Shops.
[Ord. 2-89, 4/4/1989, § 1018]
Specialty shops are subject to the requirements of the R-2 Zoning District except as herein modified and provided:
§ 27-1019 Professional Offices.
[Ord. 2-89, 4/4/1989, § 1019]
Professional offices are subject to the requirements of the R-2 Zoning District except as herein modified and provided:
A.
They shall be conducted wholly within a completely enclosed building and compatible to the general character of the residential neighborhood.
B.
No advertising sign identifying these uses shall exceed 12 square feet in area.
C.
Off-street parking shall be provided for each 150 square feet of gross floor area.
§ 27-1020 Amusement Arcades.
[Ord. 2-89, 4/4/1989, § 1020]
Amusement arcades are permitted as principal or accessory uses provided that they meet the following requirements:
A.
Screening shall be erected adjacent to parking areas and along the residential property line. This shall be placed in a buffer strip of 15 feet in width.
B.
No more than three machines shall be viewed as an accessory use.
C.
They shall be separated from adjacent occupiable areas of the principal building by a wall extending from floor to roof for noise control.
D.
They shall be conducted wholly within a completely enclosed building.
E.
Where off-street parking areas, pedestrian walkways and other open spaces are present, provisions for litter control shall be made.
F.
Off-street parking shall be allocated for one space per two players for which these facilities are designed.
§ 27-1021 Adult Businesses.
[Ord. 1-2014, 1/6/2014]
1.
The property of such business shall not be located within 100 feet of any residence, residential use or residential zoning district (including the Transitional Residential/Commercial District).
2.
The property of such business shall not be located within 100 feet of any religious structure, public recreation facility, school facility, day-care center or public library.
3.
The lot of such business shall not be located within 500 feet of another adult-oriented business.
A.
The distance between any two adult-related uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each use. The distance between any adult-related use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use.
4.
No material, merchandise, film or service offered for sale, rent, lease, and loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure or that can be seen from the exterior of the building.
A.
Any building or structure used and occupied as an adult-related use shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure.
B.
No sign shall be erected upon the premises depicting pictures and/or a pictorial representation of the human body or part thereof, nor shall it include a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
5.
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult regulated facility restricting persons under the age of 18 from entrance.
6.
No unlawful sexual activity or conduct shall be performed or permitted.
8.
No adult-related use may change to another adult-related use, except upon approval of an additional conditional use hearing.
9.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
10.
No more than one adult-related use may be located within one building or shopping center.
11.
Such business shall be subject to any other conditions set forth by the Borough Council during the conditional use hearing.