Conestoga Township City Zoning Code
ARTICLE XII
Specific Regulations for Special Exception Uses
§ 320-100 Purpose, standards and conditions.
A.
Control of potential adverse effects. This chapter establishes a list of land uses that possess characteristics that may result in adverse effects on adjoining properties if not properly controlled and regulated. The Zoning Hearing Board is empowered to authorize these land uses, contingent upon meeting certain safeguards, standards and conditions that are intended to limit such potential adverse effects. These standards shall supersede any standard or regulation contained elsewhere in this chapter, and shall be regarded as conditions that are necessary for the approval of any special exception.
B.
Compliance with special standards. The applicant shall demonstrate compliance with these standards and must furnish evidence as may be necessary to demonstrate such compliance. The burden of proof shall rest with the applicant, and the Zoning Hearing Board may reject any purported evidence or proof offered in support of an application if the Board finds that the evidence or proof is not compelling or adequate. All special exceptions uses shall also comply with the standards for uses in the zoning district in which the special exception is to be established, unless provisions in this article require different standards, in which case the more stringent standards shall apply. These standards shall be continually complied with.
C.
Additional conditions. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.
D.
Use of experts. In hearing and deciding upon applications for any special exception, the Zoning Hearing Board may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.
E.
Fees. Fees for hearing and deciding upon special exceptions may be assessed in accordance with a fee schedule adopted by the Board of Supervisors.
F.
Hearings. The Zoning Hearing Board shall hold a hearing on all applications for special exceptions, following the procedures in § 320-179.
G.
Referral to the planning commission. The Zoning Officer may request that applicants for special exceptions attend a meeting of the Township Planning Commission, to allow the Planning Commission to make comments to the Zoning Hearing Board.
H.
Expansions of special exceptions. The expansion, enlargement, intensification, or other increase in the extent of any special exception granted by the Zoning Hearing Board shall require the issuance of an additional special exception approval.
§ 320-101 Accessory apartment.
A.
Temporary housing units. Temporary housing units for elderly family members or persons with disabilities may be permitted as accessory residential dwellings on a lot containing not more than one other single-family detached dwelling. They may be freestanding, semidetached, or be located within existing structures.
B.
Relationship. At least one of the occupants of the apartment shall be a blood relative of the owner of the lot. However, a nurse may occupy the apartment if the nurse is providing medically necessary care for another occupant of the premises.
C.
Not more than three occupants. There shall be not more than three occupants of the apartment.
D.
Owner-occupancy. The owner of the parcel shall permanently live on the parcel.
E.
Termination. The occupation of the apartment shall terminate upon its vacancy, the removal of the occupants, or the failure to comply with any of the provisions in this section.
F.
Parking. Not less than one off-street parking space shall be provided for the apartment, in addition to the spaces required by Article XV for the principal residence. The parking space shall not be located on any additional front yard area.
G.
Minimum floor area. The apartment shall have a minimum floor area of 200 square feet, and a maximum of 800 square feet.
H.
Height. The apartment (if detached) shall not exceed 20 feet in height.
I.
Setbacks. Detached apartments shall be set back not less than 20 feet from all lot lines or the required yard setback, whichever is greater.
J.
Removal. Vacant apartments shall be removed completely within 120 days, and no apartment shall be occupied for other residential uses.
K.
Sewage inspections. The Sewage Enforcement Officer shall inspect and approve the proposed method of sewage disposal.
L.
Inspections. The Zoning Hearing Board may require periodic inspections of the premises to ensure compliance with this section.
§ 320-102 Agricultural employee housing.
A.
Occupancy. The dwelling must be occupied by a bona fide employee or a relative living with the employee.
B.
Temporary, nonpermanent. The dwelling shall be nonpermanent or shall be located within or attached to the principal dwelling.
C.
Bulk and lot requirements. The dwelling shall comply with all bulk and lot requirements.
D.
Removal. Nonpermanent dwellings shall be removed when farm laborers no longer occupy the property.
E.
Limit per tract. Not more than two employee dwellings per tract are permitted.
§ 320-103 Animal hospital (for small animals), veterinary facility, kennel.
A.
Lot size. Lots shall not be less than five acres.
B.
Setbacks for exterior structures. No outdoor facility shall be located within any required yard, and no outdoor enclosure shall be within 100 feet of any lot line or 500 feet from any residential area.
C.
Screening. The Township may require screening around exterior kennels and exterior facilities.
D.
Control of nuisances. A plan for controlling noise, odor, sanitation, and waste disposal shall be provided.
E.
Licenses. The applicant shall provide copies of all required licenses.
F.
Sewage disposal. The Sewage Enforcement Officer shall inspect and approve the method of sewage disposal.
G.
Occupancy of agricultural soils. Not more than 25% of the facility shall be located on prime agricultural soils.
§ 320-104 Barn or stable for horses (on lots less than five acres)
A.
Accessory to single-family dwellings. Barns or stables for recreational use of horses may be permitted on lots occupied by single-family detached dwellings.
B.
Lot size. Not less than two acres of pastureland shall be provided for the first horse, and not less than one acre shall be provided for each additional horse. Pasture areas shall be fenced.
C.
Locational criteria. No barn or stable shall be located within any minimum yard.
D.
Floor area. The floor area shall not exceed 500 square feet.
E.
Height. The height shall not exceed 20 feet or the height of the principal building, whichever is less.
F.
Waste. No manure or waste shall be stored within 100 feet of any lot line and shall be removed not less than once each 14 days.
§ 320-105 Bed-and-breakfast establishment.
A.
Location. All bed-and-breakfast establishments shall be conducted in a single-family detached dwelling or in a detached structure not less than 50 feet from all lot lines.
B.
Exterior modifications. No modifications shall be made to the front elevation of the home, which would alter its character as a single-family home.
C.
Parking areas. No additional front yard areas shall be used for required parking.
D.
Duration of occupancy. Guests shall be limited to lodging for a maximum of 14 consecutive days.
E.
Egress. All units shall have at least two means of egress.
F.
Parking. One off-street parking space shall be provided for each room available for rent, in addition to those required for the principal dwelling.
G.
Owner-residency. The owner of the bed-and-breakfast establishment must be a resident of the dwelling.
H.
Exterior advertising. There shall be no outside advertising other than one one-sided or two-sided sign, of not more than four square feet in area per side. The sign may be lighted if there are no other adjacent residences within 100 feet.
I.
Sewage disposal. All sewage facilities shall be reviewed and approved by the Township Sewage Enforcement Officer.
§ 320-106 Cellular communication facilities.
This section shall apply to freestanding facilities, facilities that exceed 25 feet in height when placed above existing structures, and structures in excess of 500 square feet.
A.
Purpose and intent. The purpose of this section is to permit the use, construction and siting of wireless communication facilities according to the characteristics of such facilities and subject to the provisions of the Federal Telecommunications Act of 1996.[1] These regulations are intended to:
(1)
Accommodate the need for wireless communications facilities while regulating the number and location of such facilities in order to ensure the proper and efficient provision of wireless communication services;
(2)
Limit potential adverse visual effects of such facilities by imposing design, location, screening, landscaping standards, and encouraging the cooperative co-location of facilities on existing structures;
(3)
Insure the structural integrity of communication facilities through compliance with applicable industry standards; and
(4)
Promote the health, safety and welfare of the Township's residents.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
B.
Applicability. The provisions of this section shall apply to commercial cellular communication facilities, freestanding antennas and similar communication facilities that exceed the limitations in § 320-76.
C.
Standards. Commercial communications facilities shall comply with the following standards:
(1)
Maximum height. No commercial communications antenna shall exceed 150 feet above the average undisturbed ground elevation unless the applicant demonstrates to the Zoning Hearing Board that a greater height is necessary to provide satisfactory service. The applicant shall demonstrate to the Zoning Hearing Board that the proposed height is the minimum necessary to provide adequate service.
(2)
Setbacks. Towers or anchor points of any cable support or guy wire supporting a freestanding tower shall be set back from all lot lines a distance not less than 40% of the proposed total height of the tower and antenna. When a tower is proposed to be located adjacent to a residential area, school, or other occupied structure, the setback shall not be less than 100% of the total height of the tower and antenna unless the applicant demonstrates that in the event of a collapse, no portion of the tower would fall outside a radius equal to 40% of the total height of the tower.
(3)
Freestanding facilities. No freestanding commercial communications tower or antenna shall be permitted unless the applicant demonstrates to the Zoning Hearing Board that either no other existing electrical tower, silo, smokestack, or other similar tall structure within 5,000 feet of the proposed antenna is available and adequate for use to support the antenna, or that the owners of such tall structures have denied the applicant permission to place an antenna upon such structure. The applicant shall submit letters or documents to demonstrate that he has made a good-faith effort to achieve such a shared use of the existing tall structure. The Zoning Hearing Board may deny an application when the applicant has not made, or cannot demonstrate, a good-faith effort to avoid the construction of a commercial communications facility support structure or a commercial communications antenna through the use of co-location efforts.
(4)
Support facilities. The applicant shall demonstrate that the proposed structures, such as wireless communications equipment buildings, equipment sheds, parking facilities, etc., are the smallest such facilities that are necessary to provide adequate service.
(5)
Safety. The applicant shall demonstrate that the proposed facility shall be designed and constructed in accordance with all applicable industrial construction standards for such structures, including standards of the Electronics Industry Association, American National Standards Institute, and Electrical Industry Association. The applicant shall submit documentation showing that the facility shall not cause any danger to nearby persons or property, and shall not cause any significant interference with nearby radio or television reception.
(6)
Screening and fencing. The Zoning Hearing Board may require that the applicant install screening and fencing around any facility to limit the visual effects of the structure and to prevent unauthorized access. Existing vegetation around the site should be preserved.
(7)
Visual mitigation.
(a)
The Zoning Hearing Board shall determine whether the proposed facility:
(b)
When the Zoning Hearing Board finds that one or more of these conditions may not be met by the applicant, the Board may require towers and antennas to use construction techniques, colors, and materials that are intended to mimic the appearance of a tree or other natural plant material, including simulated tree branches or similar measures, or common local structures such as silos. Equipment cabinets or other at-grade facilities may be required to be placed underground.
(8)
Co-location. The Zoning Hearing Board may require a freestanding facility to be constructed so as to accommodate the future location of additional communication facilities and users upon it, including other commercial wireless communication providers, police, ambulance, fire or other similar users.
(9)
Licensing. The applicant must be licensed by the Federal Communications Commission (FCC) and provide the Zoning Hearing Board with copies of all applicable applications, permits, approvals, licenses, and conditions imposed as part of other permits or licenses.
(10)
Lighting and signs. Antennas and support structures shall comply with all Federal Aviation Administration (FAA) regulations. No artificial lighting shall be provided unless required by the FAA or by the Zoning Hearing Board. No spill light shall be cast past the immediate area occupied by the facility. No signs are permitted except as may be required by the FCC, FAA, other governmental agency, or for safety purposes.
(11)
Historic impacts. The applicant shall submit a Federal Section 105 National Register of Historic Places report, and shall minimize any impacts on any historic resources.
(12)
Inspections. The applicant shall submit to the Township Secretary copies of annual inspections of the facility by an independent professional engineer as required by the ANSI-EIA-TIA-222-E Code, as amended.
(13)
Removal upon termination of use. The applicant shall provide to the Zoning Hearing Board a plan for the removal of the facility upon its disuse for any period exceeding six months, including methods for paying for such removal.
§ 320-107 Day-care facility (for more than six children)
A.
Licenses. Copies of applicable licenses or permits from the Pennsylvania Department of Human Services Office of Children, Youth and Families shall be provided to the Township.
B.
Play areas. All outdoor play areas shall be fenced. Outdoor play areas shall not be located within the front yard and must be set back not less than 25 feet from all property lines. The Township may require screening.
C.
Dropoff and pickup areas. Off-street dropoff and pickup areas shall be arranged so that children do not cross traffic lanes and vehicles will not back into travel lanes.
D.
Employee parking. Off-street parking shall be provided for each employee. No additional front yard areas shall be used for parking spaces.
E.
Signs. Not more than one two-sided sign may be permitted, not to exceed four square feet, and shall not be lighted.
§ 320-108 Delivery-based retail facility.
§ 320-109 Expansion of nonconforming uses.
Any lawful nonconforming use of land or structures, and any use contained therein, may be expanded or extended upon approval of the Zoning Hearing Board to an extent greater than permitted in § 320-12 of this chapter, subject to the following limitations:
A.
The Zoning Hearing Board shall consider the character of the adjacent areas and shall determine whether the requested expansion is compatible with such areas.
B.
The Zoning Hearing Board may require the use of landscaping, increased setbacks, or other buffers to limit any adverse effects of the expansion on adjacent areas.
C.
The applicant shall comply with the provisions of § 320-12A(4) through (8) of this chapter.
D.
The Board may impose conditions to minimize potential adverse effects of the expansion, including but not limited to landscaping, screening, modifications on hours of operation, setbacks, etc.
§ 320-110 Farm machinery service and repair.
A.
Intent. Farm machinery service and repair facilities are intended to support agricultural land uses. Repairs shall be limited primarily to agricultural equipment. Incidental and normal repairs shall not be subject to this section.
B.
Fuel storage. All fuel usage and storage on the premises shall comply with applicable state regulations pertaining to use and storage of fuels and flammable liquids.
C.
Area. Not more than two acres and 4,000 square feet of floor area shall be devoted to the operation.
D.
Screening. All service shall be conducted in an enclosed structure, or in a rear yard, or in a screened area.
E.
Setbacks. All facilities shall be set back not less than 50 feet from all lot lines.
F.
Exterior storage. All exterior storage within 200 feet of any residence on an adjacent site shall be screened.
§ 320-111 Farm-related business.
A.
Intent. Farm businesses provide at-home employment opportunities that are intended to supplement family income, especially during non-growing seasons. The farm business opportunity is intended to enhance and preserve the agricultural viability of the parent tract, it shall be a secondary use of part of the parent tract, and it shall not become the primary use on the parcel. The primary use of the parcel should remain an agricultural use. Therefore, the applicant must provide evidence that the proposed use is important to local farming and is specifically sized to primarily serve local users. Farm-related businesses may involve the following types of uses. Other uses may be permitted if the applicant demonstrates that the proposed farm-related business would primarily serve the local farming community.
(1)
Facilities for agricultural-related manufacturing, storage, sales, repair and service of agricultural equipment, vehicles (including carriages and buggies), or supplies.
(2)
Blacksmith or carpentry shops, farrier, harness making.
(3)
Butcher shops.
(4)
Veterinary activities that primarily involve farm animals, stables, kennels.
(5)
Agricultural-related processing or assembly of materials.
B.
Coverage. The maximum lot coverage of a farm-related business shall not exceed two acres of the parent parcel, including all structures, buildings, parking and outdoor storage, and shall not exceed a total of 4,000 square feet of building space.
C.
Setbacks. All facilities shall be set back not less than 50 feet from all lot lines.
D.
Site area. The applicant shall demonstrate that the size of the site is the minimum needed to conduct the farm-related business.
E.
Access. Farm-related businesses shall front on a major or minor collector road, or the applicant shall demonstrate to the Zoning Hearing Board that adjacent roadways can accommodate anticipated traffic.
F.
Paving. The Zoning Hearing Board may require a paved apron or a gravel scraping area to prevent tracking of mud or manure onto any public roadway.
G.
Length of driveway. The length of access drives shall be sufficient to accommodate stacking of delivery and customer vehicles.
H.
Proximity to residential areas. Farm-related businesses shall not be located within 500 feet of any residential area.
I.
Screening. Except for the display of farm equipment for sale, outdoor storage of supplies, materials and products shall be screened from adjoining residential areas. The Zoning Hearing Board may require the use of screening at parking areas.
J.
Signs. Notwithstanding provisions in Article XIV to the contrary, not more than one outdoor sign shall be permitted for a farm-related business, not to exceed 16 square feet. The Zoning Hearing Board may limit lighting if the sign is within 200 feet of a residential area.
K.
Hazards. If a proposed farm-related business presents a fire hazard, emits smoke, dust or other air pollutants, noise, light and spill light, or creates a nuisance as a result of the hours of operation, the Zoning Hearing Board may attach such other reasonable conditions as deemed appropriate.
L.
Storage. No outside storage areas shall be located closer than 50 feet to any rear property line or 100 feet to any side property line. Such setbacks shall be 100 feet at rear property lines and 150 feet from side property lines at residential areas. All such storage shall be screened from roads and residences (except dwellings located on the parcel).
M.
Mobile homes. No mobile home used for nonresidential purposes or trailer may be utilized as part of the farm business, unless screened from view from adjacent areas.
N.
Residence of owner. At least one owner or operator of the farm business shall reside on the premises. The owner shall be the operator of the business.
O.
No subdivision. No portion of the farm-related business shall be subdivided from the parent parcel.
P.
Conversions. Any building constructed for the use of the farm occupation shall be of the nature that it can be converted to only a permitted agricultural use or removed from the property if the farm occupation is discontinued.
Q.
Traffic study. The Board may require the applicant to prepare a traffic study.
§ 320-112 Firing range (commercial).
A.
Setbacks. All facilities shall be set back not less than 500 feet from all lot lines.
B.
Safety berm. An earthen mound, not less than 10 feet in height, shall be constructed along the downrange side of the field, and along the right and left sides of the field.
C.
Hours. The Zoning Hearing Board may impose limits on hours of operation.
D.
Occupancy of agricultural soils. No prime agricultural soils shall be used for the firing range.
E.
Fencing. Fencing shall be provided around the periphery of the facility. Such fencing shall be designed to discourage climbing, shall not be less than six feet in height, and shall be either solid or composed of chain-link material.
§ 320-113 Flea market.
This section shall apply to commercial activities conducted three or more times per year, including yard sales.
A.
Lot area. Not more than one acre, including parking, shall be used by the flea market.
B.
Parking. Off-street parking shall be provided at the rate of one space per 500 square feet of gross ground area devoted to the activity.
C.
Setbacks. All facilities shall be set back not less than 50 feet from all lot lines.
E.
Control of nuisances. The applicant shall provide a plan for controlling lighting, traffic, litter, sanitation, and noise.
F.
Maximum number per year. Flea markets shall not exceed three events per year.
§ 320-114 Floodplain-Conservation District special exception uses.
A.
General standards and criteria. In deciding upon applications for special exception uses in the Floodplain-Conservation District, the Zoning Hearing Board shall also evaluate and determine whether the following standards and criteria have been complied with:
(1)
That danger to life and property due to increased flood heights, velocities, or frequencies caused by encroachments are minimized.
(2)
That a minimum of floodwater or material will be carried downstream.
(3)
That the proposed land use requires a waterfront, floodplain, or steep slope location.
(4)
That reasonable alternatives, which do not involve encroachment into the floodplain or steep slope area, do not exist.
(5)
That the proposed use is compatible with existing and anticipated developments.
(6)
That the proposed use is compatible with the Township Comprehensive Plan.
(7)
That access to the site by emergency vehicles during times of flood, collapse of foundation, or other emergency is preserved.
(8)
That the anticipated area, height, depth, velocity, pressure, frequency, duration, rate of rise, and sediment load in floodwaters is compatible with the proposed use.
(9)
That the proposal will not unduly alter the course of natural water flow.
(10)
That the natural, scenic, and aesthetic values of the proposed site will be preserved.
(11)
That important archaeological sites, historic sites or structures, endangered flora or fauna, or other especially valuable land uses will be preserved.
(12)
That a minimum of potential danger, damage, or injury to all adjoining parcels, regardless of municipal location, will result.
B.
Required plans. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the burden of proof shall fall upon the applicant. The Zoning Hearing Board may require the applicant to provide such reasonable plans, specifications, studies, and other information as may be necessary for the Board to arrive at a fair, impartial, and informed determination. Such required information may include, but is not necessarily limited to, the following:
(1)
Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, erosion control, and their relationship to the location of the floodway or steep slope areas.
(2)
Typical cross sections of the channel, elevations of land areas on both sides of the channel and of the areas to be occupied by structures, high-water information.
(3)
A plan view showing elevations or contours, pertinent structures, fill or storage elevations, the size, location, and arrangement of proposed structures, the locations of streets, water supply facilities, soil types and other similar information.
(4)
Profiles of the slope.
(5)
Specifications of building materials and construction, floodproofing or slope-stabilization measures, filling, grading, storage of materials, channel improvement, and similar facilities.
C.
Historic structures. The Zoning Hearing Board may waive any of the requirements of this section for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks.
D.
Permitted uses, specific regulations. The following uses may be permitted in the Floodplain-Conservation District, subject to any pertinent regulations:
(1)
Bridges, culverts, and approaches, subject to the review and/or approval by the Lancaster County Planning Commission, the Susquehanna River Basin Commission, and the Pennsylvania Department of Environmental Protection, if required. If not required, the proposed improvements shall then meet the minimum pertinent requirements for such uses as established by the Pennsylvania Department of Transportation. The proposed structure shall be designed to allow the unrestricted passage of waters of maximum flood elevation below and through it, without any significant upstream or downstream increase in water surface elevation.
(2)
Fish hatcheries.
(3)
Extraction of minerals, excluding topsoil, subject to all applicable regulations of the Pennsylvania Department of Environmental Protection and the US Army Corps of Engineers.
(4)
Implement or tool sheds, provided that no vehicles or hazardous materials may be stored on the site.
(5)
Water-oriented uses, such as docks, piers, wharves, marinas, boat liveries, launching ramps, and similar uses, provided that all Pennsylvania Department of Environmental Protection regulations are met.
(6)
Parking lots, loading areas, and driveways, provided that no vehicles or materials are stored on the floodplain areas.
§ 320-115 Forestry, timber harvesting (when clear-cutting only).
A.
Purpose. This section lists requirements that are necessary to encourage minimal standards of proper forest management practices and protect the Township from any unnecessary consequences of improper clear-cutting practices. The following requirements shall apply to all clear-cutting activities; provided, however, that forestry practices and the normal and routine removal or maintenance of trees by a homeowner shall be exempted from these regulations.
B.
Erosion and sedimentation control plan. An erosion and sedimentation control plan shall be prepared for each tree harvesting operation. The plan shall comply with all applicable standards for erosion and sedimentation control and stream crossing regulations under 25 Pa. Code Chapter 102, Erosion Control, rules and regulations, issued under the Act of June 22, 1987, P.L. 1987 (Clean Streams Law[1]), and 25 Pa. Code Chapter 105, Dam and Waterway Management, rules and regulations, issued under the Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachment Act[2]).
C.
Contents of plan. At a minimum, the erosion and sedimentation control plan shall address each of the following:
(1)
Design of the road system.
(2)
Water control structures.
(3)
Stream crossings.
(4)
Log landings.
(5)
Construction, use and restoration of haul roads, skid roads, log landings, and skid trails.
(6)
Maintenance of all roads and structures and provisions to prevent mud from being tracked onto public roads, such as rock landings.
(7)
The general location of the areas of operation in relation to local and state roadways.
(8)
Estimated starting and completion dates of the operation.
D.
Erosion control plan filed with the Township. The erosion and sedimentation control plan shall be filed with the Township not less than 30 days prior to the start of the harvesting operation.
E.
Procedures and requirements. The following requirements shall apply to all harvesting operations:
(1)
No tops or slash shall be left within 25 feet of any public thoroughfare.
(2)
Felling or skidding across any public thoroughfare is prohibited without written permission by either the Township or the Pennsylvania Department of Transportation, whichever is responsible for the thoroughfare.
(3)
All soil and debris washed or carried onto public streets during tree harvesting operations shall be cleaned daily. The applicant shall be responsible for the restoration of any property that may be damaged due to erosion caused by the timber harvesting operation.
(4)
Upon the conclusion of any timber harvesting operation, all litter, trash, discarded equipment, and similar items shall be removed from the site before the operator vacates the site.
(5)
Upon the completion of any logging operation, the area shall be reseeded in compliance with the erosion and sedimentation control plan.
(6)
All clear-cut areas shall be reclaimed by reseeding, replacement of plant materials, or by other methods such that the area does not increase sedimentation and stormwater runoff.
(7)
The applicant shall be responsible for repairing berms and/or shoulders on public roads that may be damaged due to the timber harvesting operation.
F.
Bonding. Road bonding for timber harvesting shall comply with PennDOT regulations Chapter 189, found in Publication 221, "Posting and Bonding of Municipal Bonds."
G.
Admission to the site. The Township may enter onto the site to ensure compliance with the provisions of this special exception and erosion and sedimentation control plan.
H.
Violations. In the event that the Township finds a timber harvesting operation to be in violation of the provisions of this special exception or erosion and sedimentation control plan, the Township may order the immediate cessation of operations, and/or order the owner to implement specific measures necessary to bring the operation into compliance.
§ 320-116 Funeral home.
A.
Parking. The applicant shall submit a plan to demonstrate that sufficient off-street parking will be provided to prevent traffic backups onto adjoining roads.
B.
Screening. The Township may require screening.
C.
Control of nuisances. The applicant shall provide a plan for controlling traffic, noise, and lighting.
§ 320-117 Historic structures adaptive reuse.
A.
Intent. The Township contains many structures that are historically important, represent a locally important architectural style, or represent an important link to the Township's past. Owners of these structures may desire to adapt them to modern uses instead of demolishing them or altering them in order to comply with various yard, bulk and lot regulations contained in this chapter, which could result in the elimination of their historical value. Therefore, the Board may adjust any yard, bulk or setback regulation in this chapter in the interest of adapting a historic structure to a modern use, subject to the provisions in this section.
B.
Applicability. The provisions of this section shall apply to the sites and structures identified on the National Register of Historic Places, sites listed in "Our Present Past," sites identified by the Pennsylvania Historical and Museum Commission, and historic resources identified in the Conestoga Township Comprehensive Plan of 1997.
C.
Adjustments to standards. The provisions of this chapter may be adjusted to implement the purposes of this article. Any adjustment to the provisions of this chapter shall be necessary to allow the cost-effective and practical use of a historically or architecturally significant structure. The appellant shall demonstrate that the structure is important in terms of its history or architectural style, and he shall also show that the structure cannot be made to conform to the provisions of this chapter without a significant reduction in its historic or architectural value.
D.
Minimum adjustments. Any adjustment to the provisions of this chapter shall be the minimum necessary to meet the intent of § 320-117A above.
E.
Conditions. The Board may impose conditions on the grant of any adjustment to the provisions of this chapter, such as requiring adherence to a particular architectural style, the use of screening, limitations on the use, etc.
F.
Basis for denials of requests for adjustments. The Board may deny any request for adjustment to the provisions of this chapter on the basis of excessive congestion, traffic, population density, or danger due to fire, flood, structural integrity, or other danger.
G.
Conditions for increase in population or lot number. This provision shall not be used to increase population density or number of lots unless such increase is necessary to preserve the integrity of the structure and shall result in some benefit to the neighborhood.
H.
Variances. The use of this section shall not be construed to represent an appeal for a variance, unless requested by the appellant.
§ 320-118 Home occupation (nonprofessional).
A.
Location. The home occupation shall only be conducted within a building used for residential purposes or in an accessory building, and no products utilized in the home occupation shall be stored outside unless screened. Lots less than one acre shall not include a nonprofessional home occupation.
B.
Area limitation. An area representing not more than 25% of the total square footage of the dwelling, including all floors and habitable basement areas but excluding attic space, shall be devoted or used for the home occupation.
C.
Employees. No more than two persons other than persons residing in the dwelling shall be employed on-site in the home occupation.
D.
No subdivisions. The home occupation structure shall not be subdivided from the parent parcel.
E.
No alterations. No alterations to the exterior front facade of the dwelling shall be permitted, the effect of which would establish that the building is being used for purposes other than a dwelling.
F.
Parking. Not less than two parking spaces shall be provided for the nonprofessional home occupation, in addition to the parking spaces provided for the dwelling. Notwithstanding provisions in § 320-163B to the contrary, "stacked" or tandem parking spaces in driveways may be used to meet off-street parking requirements. Parking for the home occupation shall be located in side or rear yard areas or in garages; no additional front yard areas shall be used for parking. Commercial vehicles may be placed in side yard areas or on existing driveways. In such cases, the Township may require the use of screening. Notwithstanding the above, refrigerator trucks or other vehicles which operate machinery which is audible at any lot line for periods exceeding two hours when stationary shall be set back not less than 100 feet from all lot lines.
G.
Permits. Before any building is used as a home occupation, the person intending to operate the home occupation shall apply for and receive a permit from the Zoning Officer, which shall state that it is issued subject to the applicant complying with the conditions of this section.
H.
Sewage disposal inspections. The Township may require that the Sewage Enforcement Officer approve the method of sewage disposal.
I.
Periodic reinspections. The Township may require periodic reinspection to ensure continued compliance with all applicable conditions.
§ 320-119 Limited periodic development (in Effective Agriculture District).
Notwithstanding the provisions of other sections in this chapter to the contrary, not more than one non-farm residential lot may be subdivided from any parent tract within any consecutive five-year period, subject to the following conditions:
A.
Tract size. The tract from which the new lot is created shall not be more than 25 acres in size prior to the subdivision.
B.
Lot size. New nonagricultural lots shall not be less than one acre or more than two acres in size.
C.
Lots for agricultural purposes. Lots may be created for agricultural purposes at any time, provided that no agricultural lots shall be less than 25 acres. Lots in the Effective Agricultural District that are created under the provisions of this subsection shall be counted towards the maximum limitation in §§ 320-25 and 320-124.
D.
Location near existing lots. New nonagricultural lots shall abut any existing non-farm lots that were previously created under this section.
E.
Limitations to further subdivision. The recorded subdivision that creates any new lot under the provisions of this section shall include a map note indicating that a lot has been created under the provisions of this section, and reflects limitations to further subdivision according to the provisions of this section.
F.
Number of subdivisions per tract. Not more than five lots shall be created per tract under the provisions of this section.
§ 320-120 Manure processing, hauling, soil and sludge composting, and similar activities.
A.
Setbacks. All facilities (except for garages) shall be located not less than 500 feet of any lot line. No vehicles shall be parked or maintained less than 100 feet from any lot line.
B.
Lot size. Lots shall not be less than 200 acres.
C.
Screening. The Zoning Hearing Board may require screening.
D.
Control of nuisances. A plan, acceptable to the Zoning Hearing Board, for controlling noise and waste disposal shall be provided. The Board shall require the applicant to provide an odor analysis related to prevailing winds and anticipated area-wide effects from odors.
§ 320-121 Mass outdoor gathering.
The following section is intended to control the periodic gatherings of people on an intermittent, accessory basis, and shall apply to cumulative gatherings of more than 300 people.
A.
Not more than three events per year. Mass outdoor gatherings shall be periodic and shall not exceed three events per year per site, which shall not exceed two days each and shall be accessory to a primary permitted use.
B.
Control of nuisances. The applicant shall prepare a plan for the orderly control of parking, litter, noise, lighting, traffic, emergency access, sanitation, automobile and pedestrian movement.
C.
Hours of operation. The Zoning Hearing Board may impose reasonable limitations on hours of operation.
D.
Removal of structures. All structures shall be completely removed within seven days of the conclusion of each event.
E.
Access. Access shall be from a major or minor collector road.
§ 320-122 Mobile home park (manufactured housing).
A.
Lot size. Tracts shall not be less than 10 contiguous acres.
B.
Setbacks. Mobile homes and associated structures shall be set back not less than 100 feet from all lot lines, and no mobile home park shall be located less than 2,500 feet from any other mobile home park.
C.
Density. Not more than six mobile homes per acre shall be permitted. Individual mobile homes and accessory structures shall be separated by not less than 20 feet.
D.
Landscaping. Landscaping or other suitable screening and buffering materials shall be provided to screen the surrounding areas. All natural features (lakes, streams, topsoil, knolls, basins, trees, natural views and shrubs) should be preserved and incorporated into the final landscaping whenever possible and desirable. The mobile home park shall be designed with regard to the topographic and natural features of the site, according to the following requirements:
(1)
Not less than 40% of the gross area of the mobile home park shall be set aside as common open space. No common open space area with any dimension of less than 50 feet or which contains less than 1/2 acre shall be counted towards meeting the minimum open space requirement, unless the common open space area contains a trail.
(2)
There shall be at least one contiguous designated common open space area within the mobile home park containing no less than 25% of the required common open space.
(3)
The mobile home park shall provide an evergreen (but not white pine, "Pinus Strobus") planting screen at least 20 feet in depth along the property line at the periphery of the development. The finished topography shall not require excessive earthmoving and destruction of natural amenities.
(4)
No more than 50% of the common open space shall be composed of lands within areas within the 100-year floodplain, of areas delineated as wetlands and/or of areas exceeding 20% slope prior to site development.
(5)
Common open space shall be planned and located as a contiguous area within the mobile home park that is accessible to all homes. Existing and/or proposed roads may bisect the common open space areas, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other common open space areas within other adjacent areas shall be considered by the applicant as part of the special exception application.
(6)
Significant natural features shall be incorporated into the common open space areas whenever possible.
(7)
No more than 50% of the common open space shall include land areas that contain or are proposed to contain utility easements and/or stormwater management facilities.
(8)
For all common open spaces, satisfactory written agreements approved by the Township shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces, and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained.
E.
Utilities. Public water and sanitary sewer facilities shall be provided, as required by the Pennsylvania DEP. The applicant shall provide screened trash collection areas. Unless otherwise required by the utility provider, all public utility services shall be underground within the mobile home park.
F.
Access. Access shall be from a major or minor collector road. There shall be at least one street within the mobile home park which serves as an internal collector street from which minor streets shall connect so as to provide direct access to each mobile home lot or lease area. Every mobile home and open space area shall have access to an improved street within the mobile home park. A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails, which shall be surfaced with a durable material (wood chip is unacceptable).
G.
Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
H.
Traffic impact analysis. A traffic impact analysis shall be prepared.
I.
Design and other issues. The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting. Exterior storage areas for refuse stations shall be properly screened from the view of all mobile homes within the mobile home park and from adjacent property owners. All containers shall be airtight, vermin-proof and have adequate storage capacity to accommodate the projected volumes of solid waste. The mobile home park shall have a solid waste management plan. No on-street parking shall be permitted within the mobile home park.
§ 320-123 Nonconforming preexisting lots.
A.
Plot plan required. Lots that are in single and separate ownership, which are not more than one acre in size, may be permitted to be developed with single-family dwellings, subject to the following:
(1)
The applicant shall submit an accurate plot plan drawn to a suitable scale, showing the location of all existing improvements or other man-made features.
(2)
The plot plan shall show for all proposed improvements, including structures, finished grading, locations for any drainage facility, driveway, and septic field.
(3)
The applicant shall identify an alternate septic field area, which shall be approved by the Township Sewage Enforcement Officer for use in the event that the primary septic field fails.
(4)
The plot plan shall show the locations of all existing structures, wells and septic fields within 50 feet of the parcel.
(5)
The applicant shall demonstrate that driveway grades shall be adequate to provide safe access to the site during periods of adverse weather conditions.
B.
Additional conditions. The Zoning Hearing Board shall determine whether of not the proposed construction upon or use of the lot may endanger the health, safety or welfare of future occupants of the lot or others, including but not limited to interference with neighboring wells by the proposed septic system of the diversion or concentration of stormwater.
§ 320-124 Non-farm detached dwelling on non-farm lot.
Subdivision of parent (agricultural) tract for nonagricultural use. In order to protect, preserve, and promote agricultural uses within the Effective Agricultural District, it is the intent that the creation of nonagricultural uses shall be regulated in order to retain tracts of sufficient size to be efficiently used for agricultural purposes and to avoid the fragmentation of the district, as follows:
A.
Applicability. These provisions shall apply to all tracts of 25 acres or more held in single and separate ownership as of the effective date of this chapter, or when the tract was first placed within the Effective Agricultural District or a previous agriculture district, whichever is earlier. The parent tract and subsequent subdivided lots shall meet all applicable dimensional requirements. Regardless of size, no parcel or lot subsequently subdivided from its parent tract shall qualify for additional lots except as permitted pursuant to this section. All subsequent owners of parcels of land subdivided from a parent tract shall be bound by the actions of the previous owners of the parent tract. Likewise, any subsequent owner of any parent tract shall be bound by the provisions of this article and the actions of the previous owners such that for purposes of subdivision the number of new lots or dwellings erected on the parent tract shall be fixed according to the original number permitted on the parent tract, and this number shall not be increased by the further subdivision of the parent tract, thus transfer of ownership shall not create a new or additional right to subdivide.
Table 15, Bulk and Lot Requirements for Nonagricultural Uses: Effective Agriculture District | |
|---|---|
Regulation | Minimum Requirement |
Density | Each parent tract containing 25 acres or more shall be permitted to subdivide not more than 1 farm parcel and/or non-farm parcel per every 25 acres that compose the parent tract, provided the remaining tract from which the parcel is divided shall not be reduced to less than 25 acres; the maximum number of parcels permitted for subdivision from the parent tract shall be determined by dividing the total area of the parent tract by 25; fractional values shall be rounded down to the next lowest whole number1 |
Lot size | Not less than 1 acre and not more than 2 acres2 |
Maximum building height | 35 feet |
Minimum front yard setback | See Table 14 |
Minimum lot depth | 200 feet |
Minimum lot width | 150 feet |
Minimum rear yard3 | 60 feet (25 feet for accessory buildings) |
Minimum side yard3 | 25 feet |
Maximum lot coverage | 10% |
NOTES: | |
|---|---|
1 | Exemptions from the provisions of this limitation: a) A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the parent tract from which the land is being taken and the tract to which the land is being transferred will be 25 acres or more after such subdivision; b) A subdivision, the sole purpose of which is to transfer not more than 1/2 acre of land to increase the size of an adjoining parcel, and which shall not result in the potential for creating additional lots for residential development. |
2 | If DEP regulations require an area greater than two acres for the dispersal of nitrate nitrogen, the land area necessary for this dispersal shall not be permitted to be a part of the lot. The owner of the parent tract from which the lot is created shall record all necessary documentation to establish and grant a plume easement over adjoining land on the parent tract to provide for the necessary dispersal of the nitrate nitrogen in the septic effluent. |
3 | On any non-farm parcel, no shrub or tree shall be planted within 20 and 30 feet, respectively, of any land used for agricultural purposes. |
B.
Configuration. The layout of nonagricultural lots shall be grouped so that no more than one additional access to an existing public road will result from the parent tract. To allow for the nonagricultural development permitted in this district, yet to preserve prime agricultural soils and areas, the layout of lots shall create the least amount of disruption to agricultural practices, operations, and Class 1, 2, and 3 soils listed in order of preference as follows:
(1)
Preference 1: development on nonproductive soils/areas adjacent to existing development. Lots that are subdivided from the parent tract for nonagricultural uses shall be adjacent to developed lots or lots which were subdivided previously for nonagricultural uses.
(2)
Preference 2: development on nonproductive soils/areas. Lots that are subdivided from the parent tract for nonagricultural uses shall be on soils that can not feasibly be farmed due tract location, shape, or configuration, or physical features not conducive to farming, such as rock or poor soils.
(3)
Preference 3: development on productive soils/areas. If it is proposed that lots can not be located in accordance with Subsections a and b,[1] above, due to physical features, lots may be located on Class 1, 2, or 3 soils but in any case on the least agriculturally productive land or in an area that will minimize interference with agricultural practices or operations including but not limited to corners or removed areas of the tracts, along road frontage, and adjacent to other nonagricultural land uses. It shall be the burden of the applicant to demonstrate why the lot can not be subdivided in accordance with Subsections a and b.
[1]
Editor's Note: So in original.
C.
Compatibility with agricultural activities. The placement of the proposed dwelling lot shall not conflict with agricultural operations. The Board may require the dwelling lot to be placed upwind from any agricultural activities, and shall consider any existing intensive agricultural activity in its evaluation of the proposed dwelling lot location.
D.
Location near similar lots. In order to avoid the fragmentation of the agricultural area, the Board may require the proposed dwelling lot to be located at or near an intersection, near similar lots, or at a place where a grouping of dwellings exists or may reasonably be created in the future.
E.
Additional information. In addition to all other information required by this chapter, the following information shall be submitted:
(1)
Delineation and the calculated area of all Class 1, 2, and 3 agricultural soils.
(2)
The location and uses of structures within 100 feet of the lot line.
(3)
Delineation and the calculated area of the following: tract location, shape, wetlands, areas of at least 25% slope and rock outcrop areas, streams, utility easements and rights-of-way.
(4)
Approximate location of future subdivision of lots from the parent tract, when less than the maximum number of lots permitted is proposed.
F.
Process. The Township strongly encourages applicants to meet with the Planning Commission to discuss this development option in the form of an informal sketch plan prior to the official submission of an application. Sketch plans are useful tools to identify and correct potential design problems before the expenditure of significant time and expense, and can help to expedite the review and approval of the preliminary and/or final plan submissions.
G.
Preexisting lots in single and separate ownership. Any use permitted in this article may be erected on any single undeveloped lot of record (parent tract) as of the effective date of this chapter. Such lot must be a parent tract in single and separate ownership. The parent tract must meet applicable requirements for minimum lot size, and all buildings erected on the lot must meet yard setback, lot coverage, and height regulations.
H.
Identification of additional potential lots. Any subdivision or land development plan hereafter filed for a parent tract in the Effective Agricultural District shall specify the number of lots and which lot(s) shall carry with them the right to erect or place thereon any unused quota of lots as determined and limited by the provisions of this article.
I.
Effect of subsequent agricultural rezonings. In the event a tract of land not originally classified as part of the Effective Agricultural District on the effective date of this chapter is hereafter classified as part of said district, the size and ownership of such tract of land and its classification as a parent tract shall be determined as of the effective date of the change in its zoning classification to the Effective Agricultural District.
§ 320-125 Place of worship and related uses.
A.
Lot size. The lot area shall not be less than two acres.
B.
Access. Access shall be from a major or minor collector road.
C.
Parking setbacks. All off-street parking areas shall be set back at least 25 feet from all lot lines.
D.
Screening of parking areas. The Zoning Hearing Board may require screening of parking areas.
E.
Regulations for associated facilities. Residences, rectories, educational facilities, day care, and other facilities associated with places of worship shall conform to the following requirements:
(1)
All accessory residential uses shall be located upon the same, or a directly adjacent, lot.
(2)
All educational or day care uses shall be adjacent to or located upon the same lot.
(3)
Outdoor play areas shall not be located within the front yard, shall be set back 25 feet from all property lines, and shall be fenced.
(4)
Passenger dropoff areas shall be provided and arranged such that passengers do not cross traffic lanes.
§ 320-126 Recreation facility.
This section shall apply to outdoor recreation facilities, excluding amusement parks and campgrounds.
A.
Access. Access and frontage shall be on a major or minor collector road.
B.
Setbacks. Active outdoor activities shall be set back not less than 150 feet from any lot line.
C.
Height. Notwithstanding provisions otherwise limiting maximum height, structures exceeding the maximum permitted height may be permitted if they are set back from all property lines a distance equal to their height, plus an additional 50 feet.
D.
Control of nuisances. The applicant shall provide a plan for controlling traffic, noise, light, litter, trespassing, dust and pollution.
E.
Control of lighting. Outdoor lighting shall be shielded so not to shine towards adjoining properties.
§ 320-127 Retirement, nursing home or lifecare facility.
A.
Lot size. The minimum lot size shall not be less than 10 acres.
B.
Screening of parking. Off-street parking areas shall be screened. Parking areas shall be constructed of asphalt or similar material.
C.
Screening. All outdoor recreation facilities shall be screened.
D.
Parking. Off-street van or bus parking areas shall be provided.
E.
Access. Access shall be from a major or minor collector road.
§ 320-128 Riding school, horse-boarding facility (commercial facilities).
A.
Lot size. The minimum lot size shall not be less than five acres.
B.
Manure area setbacks. No manure may be stored or piled within 100 feet of any residential property (except that of the owner).
C.
Parking. Not less than one off-street parking space shall be provided for each stable.
D.
Control of nuisances. The applicant shall provide a plan for the control of noise, odors, and litter.
E.
Applicability. These provisions shall not apply to horses kept for noncommercial use, for farming activities, or for private transportation.
§ 320-129 River-related recreational uses.
A.
Intent. This provision is intended to permit the limited use of areas near the Pequea and Conestoga Creeks and Susquehanna River for river-related recreational uses, while protecting the waterfront area and ensuring the long-term viability of such activities.
C.
Lighting. The Zoning Hearing Board may limit the use of lighting within 200 feet from the nearest residential parcel.
D.
Reuse to other uses. The Zoning Hearing Board may require the proposed use to be designed such that it may be reused for a permitted use upon the termination of the proposed use.
E.
Control of nuisances. The Zoning Hearing Board may require the applicant to provide a plan for controlling noise, litter, parking, trespassing, sanitation, safe access and egress, and traffic.
F.
Alcohol. When alcoholic beverages are to be served, the Zoning Hearing Board may impose regulations relating to hours of operation, areas where alcoholic beverages may be consumed, and related regulations, to the extent not preempted by the State Liquor Code.[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
§ 320-130 School (public or private).
§ 320-131 Steep slope review criteria.
In evaluating any application for special exception, the Zoning Hearing Board shall evaluate the consistency of the proposal with the following criteria:
A.
Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site shall be given to the protection of:
B.
Disturbance shall be minimized where the area within the Steep Slope Conservation District, both on the site and on adjacent lands within 200 feet of the site, is extensive.
C.
The proposed development, impervious ground cover, and the resultant disturbance to the land and existing vegetative cover shall not cause increased runoff and/or related environmental problems off the site.
D.
Removal of or disturbance to existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. The Board may require mitigation measures.
E.
Important visual qualities of the site, to the maximum extent feasible, shall be retained. In addition to vegetation, these may include hilltops or ridgelines, rock outcroppings, and the natural terrain and contours of the site.
F.
Road construction shall follow the natural topography, with minimized cuts and grading.
G.
Innovative, imaginative building techniques that are well-suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.
H.
The equilibrium of the slope shall be disturbed as little as possible.
§ 320-132 Stockyard.
A.
Fencing. All animal holding areas shall be fenced.
B.
Setbacks for holding areas. No holding areas shall be located within 100 feet of any lot line.
C.
Manure area setbacks. No manure storage shall be located within 500 feet of any lot line.
D.
Disposal of materials. The applicant shall provide a plan for the safe disposal of manure and animals for rendering.
E.
Occupancy of agricultural soils. Not more than 20% of the facility shall be composed of prime agricultural soils.
§ 320-133 Substitution of nonconforming uses.
One nonconforming use may be substituted with another nonconforming use, subject to the following regulations:
A.
No increase in detrimental effects. No nonconforming use shall be substituted with a different nonconforming use unless the Board determines that the proposed replacement use shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use, and shall not represent a greater degree of nonconformity. The proposed use shall not generate higher levels of noise, smoke, spill light, or other potential nuisance or safety hazard off or on the property than the existing nonconforming use.
B.
No increase in traffic. The proposed nonconforming use shall not increase traffic.
C.
Control of adverse effects. The Zoning Hearing Board may impose conditions on the proposed nonconforming use to limit potential adverse effects on adjoining areas. Such conditions may include, but need not be limited to, limitations on hours of operation, setback requirements, limitations on the physical extent of the proposed use, or other modifications to the conduct of the proposed nonconforming use.
D.
Landscaping. The Zoning Hearing Board may require landscaping.
§ 320-134 Uses not specifically provided for, uses substantially similar to other permitted or special exception uses, temporary permits.
A.
Purpose. A particular use which is not otherwise listed in a district as a use permitted by right, special exception of conditional use may be allowed if the applicant demonstrates that:
(1)
The proposed use is not materially different from other permitted uses or special exception or conditional uses allowed in the same district.
(2)
The proposed use shall not create adverse effects to a degree materially greater than other permitted uses or special exception uses allowed in the same district.
B.
Conditions. If the proposed use is similar to a use that is permitted by right in the same district, the Township may allow the use, provided the preceding requirements in this section are met. If the proposed use is similar to a use permitted by special exception, the Township may allow the use, provided the preceding requirements in this section are met, subject to the conditions expressed for the special exception use that are most similar to the proposed use. If the proposed use is similar to a use permitted by conditional use, the Board of Supervisors may allow the use, provided the preceding requirements in this section are met, subject to the conditions expressed for the conditional use that are most similar to the proposed use. The preceding provisions shall not be construed as a variance.
C.
Temporary permit. A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use that it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a specified period of time not to exceed one year, and may be renewed annually for an aggregate period not exceeding three years.