Lower Makefield Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Conditional Uses
§ 200-90 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 in accordance with the following provisions.
§ 200-91 General conditions.
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 grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board of Supervisors shall require that any proposed use and location among other things be:
(1)
In accordance with the Lower Makefield Township Comprehensive Plan and consistent with the spirit, purposes and intent of the applicable zoning district.
(2)
An improvement which shall not be a detriment to the properties in the immediate vicinity.
(3)
Suitable for the property in question and designed to be constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(4)
In conformance with all applicable requirements of this chapter and all Township ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with arrangement for access adequate to protect streets from undue congestion and hazard.
C.
The burden of proof in a conditional use application shall be on the applicant to establish that all of the conditions are in the spirit of this chapter.
D.
Where an applicant requires subdivision or land development approval, in addition to conditional use approval, the applicant may file applications simultaneously for both the subdivision or land development and the conditional use, in which event the Township shall review the applications simultaneously. Approval of both the subdivision and land development and the conditional use shall be required before the issuance of any zoning permits.
§ 200-92 Application requirements.
Conditional use applications shall be governed by the following:
A.
The landowner shall make a written request to the Board of Supervisors of Lower Makefield Township. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are at issue.
B.
The application shall be accompanied by site and building plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. All information required by this chapter shall accompany the application. In the case of an application for Farmland Preservation Development, the application shall include a specific delineation of all areas of prime farmland and farmland of statewide importance on the site. For solid waste facilities, quarry, or a lawful use not otherwise permitted, the application shall be accompanied by the environmental impact assessment required for these uses.
§ 200-93 Review procedures.
A.
General.
(1)
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 is to submitted a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on the application.
(2)
The Board of Supervisors shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time.
(3)
The Board of Supervisors may impose whatever conditions it deems necessary to ensure that any proposed development will comply substantially with the objectives of this chapter.
B.
Hearing. The Board of Supervisors shall conduct hearings and make decisions in accordance with the following:
(1)
The parties to the hearing shall be Lower Makefield Township, any person affected by the application who has 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 Chairman or Acting Chairman 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 rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
The Township at its discretion may require 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.