Franklin Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE XIV
Conditional Uses, Special Exceptions and Variances
§ 330-69 Applicability.
This article shall apply to the granting of any conditional use, special exception or variance authorized within any zoning district under the provisions of this chapter.
§ 330-70 Procedure for granting conditional uses, special exceptions and variances.
A.
Conditional uses. Applications for conditional use permits shall be filed with the Township Secretary and shall thereafter be immediately referred to the Township Planning Commission for review and the Township Board of Supervisors for action. The Planning Commission and Board of Supervisors shall schedule public hearings pursuant to public notice as required under the Pennsylvania Municipalities Planning Code,[1] and in accordance with the following:
(1)
Applications that are accompanied by a request for a public hearing shall be submitted not later than 20 days prior to a regular Planning Commission meeting for consideration at that meeting. The Secretary of the Planning Commission shall have reviewed the application prior to the next Commission regular meeting as to its completeness and shall report to the Commission the results of the review. The Secretary may ask any member of the Commission for assistance in an application review.
(2)
The first Planning Commission meeting after receipt of the application shall be the starting date for purposes of scheduling the Supervisors' public hearing.
(3)
The Planning Commission Secretary, or the Township Engineer if asked, may contact the person who prepared the application to make him/her aware of deficiencies or omissions uncovered during the review. The Engineer may be asked to provide a report of the review to the Planning Commission which shall place the application on the agenda of its next meeting.
(4)
The Planning Commission shall review the application together with the Secretary and/or Engineer report, and shall send its recommendations to the Board of Supervisors in writing. The Commission may recommend approval of the application as presented, approval conditioned on certain specific revisions and/or additions, or denial based on clear reasons derived from § 330-63 above, and/or deviations from particular requirements of this article.
(5)
The Board of Supervisors shall call and hold a public hearing no later than 60 days after the applicant has made a request, in writing, for the hearing. The public notice (see definition) shall include a description of the proposed conditional use and the location of the site. The applicant shall be informed of the date, time and place of the hearing at least 14 days prior to the date, and the affected property shall be posted in at least one conspicuous location at least seven days before the hearing with the same information as in the public notice.
(6)
Within 45 days after the conclusion of the hearing, the Board shall render a written decision on the application and shall inform the applicant of it personally or by mail no later than the day after the date of the decision. When the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based on them, together with reasons for the conclusions. Conclusions based on any provisions of this article, any other Township regulation, or the State Planning Code[2] shall contain reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Failure of the Board of Supervisors to render its decision within 45 days after the hearing, or to commence the hearing within 60 days of the applicant's request for it shall result in a deemed approval of the application as submitted, unless the applicant has agreed, in writing, or at the hearing to an extension of time that is specific.
(8)
Acceptance by the applicant of all conditions, if any, attached to approval by the Board of Supervisors or the expiration of the thirty-day appeal period, whichever occurs first, shall serve as an authorization for the Zoning Officer to issue a building or occupancy permit, which shall state any conditions attached to approval. Failure of the applicant to apply for a building permit, or occupancy permit if no building permit is required, within one year from the date of the Board's decision, shall render the approval void.
[1]
Editor's Note: See 53 P.S.§ 10101 et seq.
B.
Special exceptions and variances. Applications for special exceptions and variances shall be filed with the Township Secretary and shall thereafter be immediately referred to the Chairperson or Secretary of the Township Zoning Hearing Board. The Township Zoning Hearing Board shall schedule a public hearing pursuant to public notice as required under the Pennsylvania Municipalities Planning Code,[3] and in accordance with the following:
(1)
The Zoning Hearing Board shall call and hold a public hearing no later than 60 days after the applicant has made a request, in writing, for the hearing. The public notice (see definition) shall include a description of the proposed special exception and the location of the site. The applicant shall be informed of the date, time and place of the hearing at least 14 days prior to the date, and the affected property shall be posted in at least one conspicuous location at least seven days before the hearing with the same information as in the public notice.
(2)
Within 45 days after the conclusion of the hearing, the Board shall render a written decision on the application and shall inform the applicant of it personally or by mail no later than the day after the date of the decision. When the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based on them, together with reasons for the conclusions. Conclusions based on any provisions of this article, any other Township regulation, or the State Planning Code[4] shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Failure of the Zoning Hearing Board to render its decision within 45 days after the hearing, or to commence the hearing within 60 days of the applicant's request for it shall result in a deemed approval of the application as submitted, unless the applicant has agreed, in writing or at the hearing, to an extension of time that is specific.
(4)
Acceptance by the applicant of all conditions, if any, attached to approval by the Zoning Hearing Board or the expiration of the thirty-day appeal period, whichever occurs first, shall serve as an authorization for the Zoning Officer to issue a building or occupancy permit, which shall state any conditions attached to approval. Failure of the applicant to apply for a building permit, or occupancy permit if no building permit is required, within one year from the date of the Board's decision, shall render the approval void.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 330-71 Contents of application.
A.
Common application. All applications for conditional uses, special exceptions and variances shall be submitted on a common application form and shall contain the information provided hereinafter.
B.
Written information. Each application shall include the following written information and address the following issues specifically and individually:
(1)
Applicant owns property where use is proposed, or has entered into an agreement to purchase, or has written permission form the owner, as tenant, to conduct the conditional use;
(2)
Detailed description of proposed use of building and site;
(3)
Possible environmental or nuisance conditions that may be side effects of the proposed use;
(4)
Compatibility of the proposed use within the neighborhood of the site;
(5)
Minor setback or lot coverage variances that may be requested to accommodate the use;
(6)
Methods of sanitary sewage disposal, water supply and stormwater runoff control;
(7)
Traffic that the use may generate and location of driveways relative to nearby street intersections; and
(8)
Acknowledgment by the applicant that the information in the statement and on the plan is true and correct to the best of his/her knowledge.
C.
An accurately drawn site plan shall show the arrangement of the proposed use on the site, including:
(1)
Dimensions and area of the lot;
(2)
Use of properties surrounding the lot;
(3)
Abutting public streets with paved widths noted;
(4)
Proposed location of buildings and other structures on the lot and/or existing buildings and structures, showing dimensions to abutting lot lines;
(5)
Any land grading proposed;
(6)
Layout of parking areas, driveways and access to public streets;
(7)
Proposed signage, indicating face area and location of signage on lot;
(8)
Stormwater collection and disposal plan; and
(9)
Landscaping where required by this chapter.
D.
Authority of Board of Supervisors and Zoning Hearing Board with respect to applications. Nothing contained herein shall preclude the Board of Supervisors or the Zoning Hearing Board from either waiving certain portions of the application contents where a determination is made that such information is unnecessary to the decision to be made. Likewise, nothing herein shall preclude the Board of Supervisors or the Zoning Hearing Board from requiring additional information from the applicant where either Board determines that such additional information is necessary to make a decision on the application.
§ 330-72 Criteria for review.
The Board of Supervisors or the Zoning Hearing Board, where applicable, shall consider the following factors, depending on the nature of the proposed land use, in determining whether or not to grant a conditional use or special exception:
A.
The amount of traffic that could be potentially generated by the use;
B.
The types of uses that are located adjacent to or across the street from the proposal;
C.
The safety of vehicular entrances to the proposed use in terms of sight distances and congestion at the access point or points;
D.
The extent of variances from the requirements of this chapter requested to accommodate the proposal;
E.
The impact of the size and scale of the proposal upon surrounding properties, as well as the effect of lighting, night operations and signage;
F.
The adequacy of on-site parking and circulation into and out of the parking spaces and areas, as well as pedestrian circulation; and
H.
In the case of variances, the Zoning Hearing Board shall also make the following finds, as required by Section 910.2 of the Pennsylvania Municipalities Planning Code,[1] where relevant in a given case.
(1)
That there are unique physical circumstances or conditions; including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
[1]
Editor's Note: See 53 P.S. § 10910.2.
§ 330-73 Processing of conditional use applications.
A.
Applications that are accompanied by a request for a public hearing shall be submitted not later than 20 days prior to a regular Planning Commission meeting for consideration at that meeting. The Secretary of the Planning Commission shall have reviewed the application prior to the next Commission regular meeting as to its completeness and shall report to the Commission the results of the review. The Secretary may ask any member of the Commission for assistance in an application review.
B.
The first Planning Commission meeting after receipt of the application shall be the starting date for purposes of scheduling the Supervisors' public hearing.
C.
The Planning Commission Secretary, or the Township Engineer if asked, may contact the person who prepared the application to make him/her aware of deficiencies or omissions uncovered during the review. The Engineer may be asked to provide a report of the review to the Planning Commission, which shall place the application on the agenda of its next meeting.
D.
The Planning Commission shall review the application, together with the Secretary and/or Engineer report, and shall send its recommendations to the Board of Supervisors in writing. The Commission may recommend approval of the application as presented, approval conditioned on certain specific revisions and/or additions, or denial based on clear reasons derived from § 330-72 above, and/or deviations from particular requirements of this article.
E.
The Board of Supervisors shall call and hold a public hearing no later than 60 days after the applicant has made a request, in writing, for the hearing. The public notice (see definition) shall include a description of the proposed conditional use and the location of the site. The applicant shall be informed of the date, time and place of the hearing at least 14 days prior to the date, and the affected property shall be posted in at least one conspicuous location at least seven days before the hearing with the same information as in the public notice.
F.
Within 45 days after the conclusion of the hearing, the Board shall render a written decision on the application and shall inform the applicant of it personally or by mail no later than the day after the date of the decision. When the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based on them, together with reasons for the conclusions. Conclusions based on any provisions of this article, any other Township regulation, or the State Planning Code[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Failure of the Board of Supervisors to render its decision within 45 days after the hearing, or to commence the hearing within 60 days of the applicant's request for it, shall result in a deemed approval of the application as submitted, unless the applicant has agreed, in writing or at the hearing, to an extension of time that is specific.
H.
Acceptance by the applicant of all conditions, if any, attached to approval by the Board of Supervisors, shall serve as an authorization for the Zoning Officer to issue a building or occupancy permit, which shall state any conditions attached to approval. Failure of the applicant to apply for a building permit, or occupancy permit if no building permit is required, within one year from the date of the Board's decision, shall render the approval void.
§ 330-74 Expansion of approved conditional uses.
A.
When approving a conditional use, the Board of Supervisors shall be specific about exactly what is approved. Approval may include future expansion if requested by the applicant and agreed to by the Board, but only for specific expansion on land already owned or under option to be purchased by the applicant.
B.
Any expansion proposed after the initial specific approval shall require reapplication to the Planning Commission for recommendation and to the Board of Supervisors for decision.
C.
Any property in a use which is listed as a conditional use in Article IV of this chapter for the zone district where the property is located at the time of adoption of this chapter or subsequent amendment affecting the property, may continue to operate as usual, but if expansion is proposed, application shall be made as required by § 330-70 of this article.