Canonsburg City Zoning Code
ARTICLE 7
Conditional Uses and Special Exceptions
§ 170-701 Applicability.
The requirements of this article shall apply to all conditional uses or uses by special exception in all zoning districts as authorized in Article 3 of this chapter.
§ 170-702 Procedure for approval.
A.
Approval of conditional use. Borough Council shall hear and decide requests for conditional uses; however, Borough Council shall not approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a)
A preliminary land development plan, if required by Chapter 151, Subdivision and Land Development, or, if a land development plan is not required, a current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article and § 170-603, if applicable, for the proposed use.
(c)
A traffic impact study, if required by § 170-506 of this chapter.
(d)
The application fee as set forth by Borough Council in the schedule of fees.
(2)
A written recommendation is received from the Borough Planning Commission or 45 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
(3)
A public hearing is conducted by Borough Council pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application. Written notice of the hearing shall be posted on the affected tract of land at least one week prior to the hearing.
(4)
Borough Council shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(5)
In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 170-1104 of this chapter.
B.
Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
C.
Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
(1)
A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a)
A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article and § 170-603, if applicable, for the proposed use.
(c)
The application fee as set forth by Borough Council in the schedule of fees.
(d)
A traffic impact study, if required by § 170-506 of this chapter.
(2)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Written notice of the hearing shall be posted on the affected tract of land at least one week prior to the hearing. Said hearing shall be conducted in accordance with the procedures specified by § 170-1208 of this chapter.
(3)
In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The burden of persuading the Zoning Hearing Board that the proposed use will not offend general public interest such as the health, safety and welfare of the neighborhood rests upon the applicant.
(4)
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 170-1104 of this chapter.
(5)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 151, Subdivision and Land Development, shall be submitted to the Borough Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
D.
Expiration of approval of a use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 170-703 General standards.
A.
All applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
(1)
The use shall not endanger the public health, safety or welfare nor deteriorate the environment, as a result of being located on the property where it is proposed.
(2)
The use shall comply with the performance standards of § 170-502 of this chapter.
(3)
The use shall comply with all applicable requirements of Article 8 governing parking and loading, Article 9 governing signs, § 170-503 governing screening and landscaping and § 170-505 governing storage.
(4)
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
(5)
Outdoor lighting, if proposed, shall be designed with cutoff luminaires that direct and cut off the light at a cutoff angle of 60° or less. (See illustration in Appendix B.)[1] Illumination shall not exceed 0.2 footcandle at the property line.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(6)
For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA),[2] the applicant shall certify that all applicable ADA requirements have been met in the design.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
The following standards apply to accessory uses to conditional uses or special exceptions, with the exception of fences and signs:
(1)
Any accessory use or structure which is not approved as part of the application for conditional approval of the principal structure or use shall require submission of a conditional use application in accordance with the requirements of § 170-702A of this chapter.
(2)
All parking and loading areas or expansion or redesign of parking and loading areas shall be subject to the requirements of Article 8 of this chapter.
(3)
All storage areas and structures shall comply with the provisions of § 170-505 of this chapter.
(4)
No temporary structures shall be permitted unless all applicable criteria of § 170-603(OO) are met.
(5)
All vents, fans, and mechanical or electrical equipment shall be baffled to reduce noise impacts on adjoining properties.
(6)
Accessory uses that are not otherwise required to be fenced or screened shall be landscaped by Buffer Area "C", as defined by § 170-503A(3), to screen the use from public view from streets or adjoining properties.
(7)
Borough Council shall determine whether the proposed accessory use or structure is customarily incidental and subordinate to the principal use of the property.
(8)
In approving the accessory use or structure, Borough Council shall consider whether any conditions are warranted to be attached to the approval to protect the public health, safety and welfare.
