Lancaster Township City Zoning Code
ARTICLE XX
Conditional Uses and Amendments
§ 280-2000 Applicability.
The requirements and provisions of this Article XX shall apply to conditional uses and amendments to this chapter.
§ 280-2001 Conditional uses.
A.
Conditional use hearings. The Board of Supervisors shall conduct hearings and make decisions on conditional uses in accordance with the requirements of the MPC, as well as the following requirements.
(1)
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing held upon an application, to provide the Township Planning Commission an opportunity to review and submit recommendations on the application. A report of said review, together with any recommendations, shall be given to the Board of Supervisors in writing 30 days from the date of said referral. If the Township Planning Commission shall fail to file such a report prior to the hearing in the manner specified, it shall be conclusively presumed that the Township Planning Commission has approved the application. If, after any public hearing held upon an application, the proposed application is revised, the Board shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.
(2)
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance, or in the absence of ordinance provisions, by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(3)
All persons who wish to be considered parties to a hearing shall enter their appearance on forms provided by the Board of Supervisors.
(4)
Every person who requests a hearing before the Board of Supervisors shall submit a fully completed application to the Zoning Officer or the Board of Supervisors on the form prescribed by the Board of Supervisors. The Zoning Officer shall reject all incomplete applications. The date of an applicant's request shall be the date when a fully completed application accompanied by the appropriate fee is submitted to and received by the Zoning Officer.
(5)
All requests for a continuance of a scheduled hearing shall be submitted in writing with the reasons therefor and shall contain a statement that the applicant agrees to an extension of time period, within which the Board of Supervisors is required to hold a hearing or to render a written decision. No more than two continuances shall be permitted, unless the party requesting the continuance pays the fee prescribed by the Board of Supervisors pursuant to resolution.
(6)
The Board of Supervisors or the hearing officer may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or hearing officer, or shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made; and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the costs.
(7)
Effect of Board of Supervisor's decision. The following time requirements and conditions shall apply to approvals granted by the Board of Supervisors:
(a)
Permit period.
[1]
The applicant or appellant shall secure all necessary zoning and building permits within 12 months after the approval date of the conditional use approval by the Board of Supervisors.
[2]
The Board of Supervisors may grant an extension of the twelve-month permit period, provided that the applicant or appellant has demonstrated good cause in a written application to the Board of Supervisors.
[3]
Should the applicant or appellant fail to obtain all necessary zoning permits within the time limitations of this section, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned the application; and all provisions, conditional uses, and zoning permits granted shall be deemed automatically rescinded by the Board of Supervisors.
(b)
Construction period.
[1]
The applicant or appellant shall complete the building, alteration, or use within two years after a zoning permit has been issued.
[2]
The Board of Supervisors may grant an extension of the two-year construction period, provided that the applicant or appellant has demonstrated good cause in a written application to the Board of Supervisors.
[3]
Should the applicant or appellant fail to complete such construction, alteration, or use within the time limitations of this section, the Board of Supervisors may rescind or revoke the granted conditional use or zoning permit. The Zoning Officer shall provide the applicant or appellant with a written notice at least 10 days prior to such decision of the Board of Supervisors. The decision to rescind or revoke such approvals shall be based on one or more of the following findings of Board of Supervisors:
B.
Conditional uses.
(1)
In those instances in which this chapter has stated conditional uses to be granted or denied by the Board of Supervisors pursuant to express standards and criteria, the Board of Supervisors shall herein decide all such requests for conditional uses in accordance with the standards and criteria of this chapter, including the following:
(a)
The proposed use shall be consistent with the purpose and intent of this chapter and the applicable zoning district;
(b)
The proposed use shall not detract from the use and enjoyment of adjacent or nearby properties;
(c)
The proposed use will not substantially change the character of the subject property's neighborhood;
(d)
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);
(e)
The proposed use complies with this chapter, including Article X relating to Floodplain District (FP) regulations;
(f)
The proposed use shall comply with those criteria specifically listed in the applicable zoning district, Article XV relating to performance standards, and Article XVI relating to supplemental regulations, of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(g)
The proposed use will not substantially impair the integrity of the most-recent version of the Lancaster Township Comprehensive Plan.
(2)
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the MPC and this chapter. The Board of Supervisors shall hear and decide all requests for conditional uses in accordance with the standards and criteria of this chapter as well as in accordance with the procedure outlined by this section.
(3)
All applicants for a special exception shall submit the following:
(a)
A statement describing the proposed use.
(b)
A location map showing the entire tract and its relation to the surrounding area, drawn at a scale of 1,000 feet to the inch.
(c)
All applicants for a conditional use shall submit seven sets of sketch plans for the proposed use to the Board of Supervisors, including the following requirements:
[1]
The location of all existing floodplains, wetlands, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded areas to be cleared), bridges, culverts and other significant natural features on the tract and within 200 feet of the tract.
[2]
The location of all streets, adjoining tracts, and buildings within 200 feet of the tract.
[3]
If applicable, the location of all proposed land uses, including residential uses by types.
[4]
The location and arrangement of all open spaces and yards, landscaping, fences, and buffer yards, including the methods and materials to be employed for screening.
[5]
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, parking, loading, and provisions to be made for lighting such areas.
[6]
The location and dimensions of sidewalks and all other common areas.
[7]
If applicable, a description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards.
[8]
If applicable, provisions to be made for the treatment and disposal of sewage and industrial wastes and for water supply.
[9]
The name and address of the developer (if applicable) and landowner.
[10]
The name of the individual and/or the firm that prepared the plan.
§ 280-2002 Amendments.
The Board of Supervisors may, from time to time, after public notice and hearing as hereinafter prescribed, amend, supplement, change, or repeal this chapter, including the Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors. Unless initiated by the Township Planning Commission, such amendment, supplement, change or repeal shall be submitted to the Township Planning Commission for its recommendations; and if the same, after public hearing, shall be specifically found by the Board of Supervisors to be in accordance with the spirit and intent of the formally adopted portions of the most-recent version of the Lancaster Township Comprehensive Plan, as amended, final action shall be taken by the Board of Supervisors on such amendment.
§ 280-2003 Amendments initiated by the Township Planning Commission.
When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Supervisors, which shall then proceed in the same manner as with a petition to the Board of Supervisors which has already been reviewed by the Township Planning Commission.
§ 280-2004 Amendments initiated by the Board of Supervisors.
When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, it shall submit the proposal to the Township Planning Commission for review and recommendations.
§ 280-2005 Procedure for petition.
The petition for amendment, supplement, change or repeal shall contain as fully as possible all the information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question, whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. In addition to the petition, the applicant shall concurrently submit a proposed amending ordinance that reflects the changes proposed by the petition. A fee to be established by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.
§ 280-2006 Referral to Township Planning Commission.
A.
Except for those amendments initiated by the Township Planning Commission, after receipt of the proposed petition and amendment by the Board of Supervisors, said petition and amendment shall be presented to the Township Planning Commission for review and recommendations at least 30 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Board of Supervisors in writing within 30 days from the date of said referral. If the Township Planning Commission shall fail to file such a report within the time and manner specified, it shall be conclusively presumed that the Township Planning Commission has approved the proposed amendment, supplement, change or repeal.
B.
The Board of Supervisors shall submit the proposed amending ordinance to the LCPC for review and comment at least 45 days prior to the Board of Supervisors' hearing on the proposed amending ordinance.
§ 280-2007 Public hearing.
Before taking any action on the adoption or rejection of a proposed amendment to this chapter, the Board of Supervisors shall fix a time and place for a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in one newspaper of general circulation in the Township once each week for two successive weeks, not more than 30 days and not less than 14 days prior to the date of said hearing.
§ 280-2008 Action by the Board of Supervisors.
At the time and place specified, the Board of Supervisors shall conduct a hearing on said petition to amend, supplement, change or repeal this chapter or the Zoning Map of the Township and shall thereafter, within a period of 30 days, either reject the proposed change or adopt an ordinance implementing the proposed change. The Board of Supervisors may adjourn said hearing at its discretion to a time and place certain.
§ 280-2009 Authentication of Official Zoning Map.
Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the Official Map shall be made and shall be duly certified by the Township Secretary and shall thereafter be filed as part of the permanent records of the Township.