Forks Township City Zoning Code
ARTICLE IX
Conditional Uses
§ 200-55 Applicability.
The Board of Supervisors shall have the power to approve or disapprove conditional uses when this chapter specifically requires the obtaining of such approval and for no other purpose.
§ 200-56 Standards for approval; conditions imposed; site plan.
A.
In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
B.
The Board of Supervisors shall only approve a conditional use if the Board determines that the applicant has presented adequate evidence that the following standards have been met:
(1)
Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2)
Compliance with other laws. The approval may be conditioned upon proof of compliance with other specific applicable Township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3)
Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4)
Site planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially harm any surrounding residential neighborhood, after considering any proposed conditions upon approval.
(6)
Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7)
Natural features. The proposed use shall be suitable for the site, considering the impacts upon steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features. Within the FP District, the proposed use shall be designed to minimize conflicts with agricultural activities on adjacent tracts.
C.
Conditions. In granting a conditional use, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Board of Supervisors shall automatically become conditions of permits issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
D.
Submittal. A site plan shall be submitted, which shall contain an accurate plan of proposed building, parking, buffer, loading and other improvements. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
§ 200-57 Application requirements.
Conditional use applications shall be governed by the following:
A.
The landowner shall submit a written application to the Zoning Officer, who shall forward the application to the Board of Supervisors.
B.
The application shall be accompanied by site and building plans and other materials that completely described the proposed use and improvements. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information that is required by this chapter shall accompany the application.
§ 200-58 Review procedures.
A.
The Board of Supervisors shall request an advisory opinion from the Township Planning Commission on any application for a conditional use. The Township Planning Commission shall submit comments prior to the date of the public hearing held by the Board of Supervisors on the application.
C.
Hearing. The Board of Supervisors shall conduct hearings and make decisions in accordance with the following:
(1)
The parties to the hearing shall be the Township, any person affected by the application who had made timely appearance of record, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
(2)
The Chairperson or Acting Chairperson shall have the power to administer oaths of witnesses.
(3)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(4)
Formal rule of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Township shall make a stenographic record of the proceedings, and such transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(6)
Public notice shall be given as required by the State Municipalities Planning Code.[2] Written notice of the hearing shall be mailed or delivered to the applicant, the Zoning Officer, and to any other person who has made timely request for notice. The Township shall also endeavor to mail or deliver advance notice to the last known owners of immediately adjoining lots. However, failure to provide such notice shall not be grounds for an appeal of a decision by the Board of Supervisors.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 200-59 Additional objectives for adult entertainment uses.
B.
Adult entertainment regulatory objectives. The regulations upon adult entertainment uses are based upon serving the following objectives, in addition to the overall objectives of this chapter:
(1)
The purpose of these regulations is to minimize, where conditions permit, the secondary impacts of adult entertainment uses, which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, potential for the corruption of the morals of minors, prostitution, and causing residents and businesses to move elsewhere.
(2)
Objectives. Because adult entertainment uses tend to result in secondary impacts upon public health, safety and general welfare, Forks Township has determined that it is necessary to restrict the location where such uses can locate. The Township does not intend to affect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of these ordinance provisions to condone or legitimize the distribution of obscene material. Based on evidence concerning the adverse secondary effects of adult uses on the community, and on findings incorporated in the cases of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Board of Supervisors finds:
(a)
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(b)
Certain employees of "sexually oriented businesses" defined in this chapter as adult theaters and cabarets engage in higher incident of certain types of sexually oriented behavior at these businesses than employees of other establishments.
(c)
Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows, as defined under this chapter as "adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades."[1]
(d)
Offering and providing such space encourages such activities, which create unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non-B amebiasis, salmonella infections, shigella infections, and other sexually transmitted diseases.
(g)
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(h)
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(i)
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
(j)
The findings noted in the above subsections raise substantial governmental concerns.