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Lower Paxton Township
City Zoning Code

ARTICLE VI

Standards and Criteria for Conditional Use

§ 203-600 Procedure for conditional uses.

A. 
Authority.
(1) 
The Board of Supervisors shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this article.
B. 
Relationship to Township SALDO.[1]
(1) 
All provisions of the SALDO which are not specifically modified by the Board of Supervisors in approving a conditional use shall apply to any conditional use involving subdivision or land development.
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
C. 
Application procedure.
(1) 
The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer or designated staff person at least 20 working days prior to the Planning Commission meeting. The application for development shall indicate the Section of this article under which the conditional use is sought and shall state the grounds upon which it is requested.
D. 
Application content.
(1) 
An application for development for approval of a conditional use shall include the following:
(a) 
One original application form completed by the applicant. If the developer is other than the landowner, the landowner's authorization of the developer to apply and nature of the developer's interest in the site shall accompany application.
(b) 
One copy of the application form, provided by the Township and completed by the applicant.
(c) 
Three paper copies of the architectural renderings of all existing and proposed buildings and building additions, showing all sides of the building. In addition, all renderings shall be submitted electronically as (.bmp), (.jpeg), or (.png) files on a CD-ROM or flash drive. This requirement may be waived by the Township for existing buildings when it is demonstrated that no exterior changes to the building are proposed or when determined unnecessary by the Township.
(d) 
Seven copies of a conditional use site plan meeting the requirements for a preliminary plan for land development as set forth in the SALDO and, in addition, demonstrating conformity with all requirements of this chapter.
(e) 
Three copies of an environmental impact assessment for land developments of 5,000 square feet of gross floor area of buildings or more.
(f) 
Application fee and review fees established by ordinance or resolution of the Board of Supervisors to cover the cost of review.
E. 
Determination of acceptance/rejection as incomplete.
(1) 
Within seven working days after a conditional use application is submitted, the Township shall certify the conditional use application as substantially complete and accepted or incomplete and rejected. Within said time, the Township shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
F. 
Approval of conditional uses.
(1) 
The Board of Supervisors shall hear and decide requests for conditional uses within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this or any other Ordinance contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(2) 
Where the Board of Supervisors fails to render the decision within the period required by this subsection or fail to commence, conduct, or complete the required hearing as provided in Section 908(1.2) of the MPC, 53 P.S. § 10908(1.2), within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the Dauphin County Court of Common Pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
(3) 
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
(4) 
Given the requirements of § 203-600F(1) through (3) above, the Board of Supervisors shall not evaluate a conditional use application unless and until:
(a) 
A written application for conditional use approval is submitted to the Zoning Officer no less than four weeks or 28 days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The Director of Community Development shall determine the completeness of the application and either accept the applications complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter, which have not been met, shall be sent to the applicant. The application shall include the following:
[1] 
A development plan, as defined herein.
[2] 
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
[3] 
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Dauphin County Tax Assessor's office.
[4] 
A traffic impact analysis, if required by the SALDO[2] or by the requirements of this article.
[2]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
[5] 
The application fee required by the Township's Fee Schedule.[3]
[3]
Editor’s Note: The Township Fee Schedule is on file in the Township offices.
(b) 
A written recommendation is received from the Planning Commission or 30 days has passed from the date of Planning Commission meeting at which the application is first considered for approval.
(c) 
A public hearing is held by the Board of Supervisors pursuant to public notice.
(d) 
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 seem necessary, to implement the purposes of the MPC and this chapter.
G. 
Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit, or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension. Extensions are granted by the Board of Supervisors as an administrative procedure and are approved by a motion at one of the Board's regularly scheduled public meetings.
H. 
Expiration of conditional use approval granted prior to effective date of this chapter. Conditional use approval granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit, or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Board of Supervisors, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension. Extensions are granted by the Board of Supervisors as an administrative procedure and are approved by a motion at one of the Board's regularly scheduled public meetings.
I. 
Modifications. The Board of Supervisors shall consider proposed modifications in any of the requirements of this chapter for each Zoning District, contained in an application for development for a conditional use will make for a more efficient, attractive, and harmonious conditional use. If such modifications, in the judgment of the Board of Supervisors, constitute a more beneficial use of the site than provided for under the requirements of the Zoning District in which the site of the conditional use is located, the Board of Supervisors in their sole discretion may grant the modifications for less strict requirements; however, no modification shall be granted for the following:
(1) 
Authorized uses shall be limited to those specified as authorized uses or conditional uses in the Zoning District in which the site is located.
(2) 
No modification shall be granted for any construction, development, use, or activity within any floodway area as identified by the Township's Floodplain Management Ordinance,[4] that would cause any increase in the 100-year flood elevation.
[4]
Editor’s Note: See Ch. 108, Floodplain Management.
(3) 
Under no circumstances shall a modification be granted to the prohibition of uses or activities in floodplain areas as set forth in the Township's Floodplain Management Ordinance.
(4) 
Whenever a modification is granted to construct a structure below the 100-year flood elevation, the Township shall notify the developer in writing that:
(a) 
The granting of the modification will result in increased premium rates for flood insurance.
(b) 
Such modification increases the risk to life and property.
(5) 
All provisions of the Township's SALDO, which are not specifically modified by the Board of Supervisors in approving a conditional use, shall apply to any conditional use involving subdivision and land development.
(6) 
Requests in writing. All requests for modifications or waivers shall be in writing and shall accompany and be part of the application for development. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary.

§ 203-601 General standards and criteria.

A. 
Before approving a conditional use application, the Board of Supervisors shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties. The Board of Supervisors shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development:
(1) 
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the ZHB, and with other applicable Township, county, commonwealth, and federal ordinances, laws, and regulations. The proposed use shall obtain applicable permits, licenses, and approvals from the Township, Dauphin County, Pennsylvania, and federal agencies before final approval of the conditional use application shall be granted.
(2) 
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air quality, water quality, noise, illumination, and glare, restrictions to natural light and air circulation, or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
(3) 
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
(4) 
The proposed use and site provide for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
(5) 
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.
(6) 
The proposed use provides screening or buffer areas as required by this chapter.
(7) 
The proposed use/development conforms to the scale, character, and exterior appearance of existing structures and uses in the neighborhood in which it is located.

§ 203-602 Standards for specific uses.

A. 
In addition to the general standards and criteria for conditional uses listed in § 203-601, above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.

§ 203-603 Adult-oriented businesses.

A. 
An adult-oriented business shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Adult-oriented businesses shall not be located within 1,000 lineal feet of any lot that is zoned residential.
(2) 
Adult-oriented businesses shall not be located within 500 lineal feet from the lot line of a residential dwelling.
(3) 
Adult-oriented businesses shall not be located within 500 lineal feet of the lot boundary of any existing school, day care center, hospital, group care facility, personal care boarding home, group home, public park or playground, place of worship, or an establishment which is licensed to serve and/or sell alcoholic beverages.
(4) 
No adult business shall be located within 1,000 lineal feet of any other existing or proposed adult-oriented business.
(5) 
No pornographic or sexually explicit signs and displays shall be prohibited that are visible from outside the premises.
(6) 
No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At any adult live entertainment, employees and entertainers must maintain a minimum of three feet from customers. This shall include, but not be limited to, a prohibition on "lap dancing."
(7) 
Only "lawful" massages as defined by State Court decisions shall be performed in a massage parlor.
(8) 
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(9) 
Any application for such use shall state the names and home addresses on an annual basis of:
(a) 
All individuals intended to have more than a 5% ownership in such use or in a corporation owning such use;
(b) 
An on-site manager responsible to ensure compliance with this chapter on a daily basis. Contact information shall be provided for immediate response of the on-site manager during normal business hours.
(10) 
Persons or owners who intend to operate an adult-oriented business shall obtain from the Township a license to operate such an enterprise pursuant to the Township Code of Ordinances, as amended, and shall pay to the Township an investigation fee as may be set from time to time by resolution of the Board of Supervisors. In addition, such persons or owners shall supply to the Township detailed information regarding the ownership and financing of the proposed business as required on the licensing application as required by the Township Code of Ordinances, as amended. Applications for licensing can be obtained at the Township Planning Department and shall be filed with the Zoning Officer.
(11) 
An adult business shall be initially licensed when it has met the requirements set forth in the Township Code of Ordinances, as amended. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek an annual renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year proceeding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Township to deny or revoke an occupancy permit for an adult business.

§ 203-604 Airport.

A. 
An airport shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
As part of the conditional use approval, the Board of Supervisors shall have the authority to establish reasonable conditions that limit the types, sizes and weights of aircraft and the hours of operation to minimize noise nuisances to dwellings.
(2) 
As part of the conditional use approval, the applicant shall provide evidence that flight patterns will be designed to minimize noise nuisances to dwellings.
(3) 
Each end of runway shall be setback a minimum of 200 feet from all lot lines. Each side of a runway shall be setback a minimum of 100 feet from all lot lines.
(4) 
The applicant shall provide evidence that all structures within the major approaches are in conformance with the State Airport Zoning Regulations.
(5) 
The minimum lot size shall be 20 acres.
(6) 
Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.
(7) 
A traffic report shall be submitted with the application for development which identifies traffic control measures within the site and at the points of ingress and egress warranted at peak usage of the facility. The traffic report shall be reviewed and approved by the Township Traffic Engineer.
(8) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least 1/2 of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

§ 203-605 Animal day care.

A. 
An animal day care shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
No residential use may be established on land designated for use as an animal day care facility.
(2) 
The applicant and/or the owner/operator must hold all current and applicable state and local licenses and permits (including but not limited to those relating to maximum capacity, minimum space per animal, enclosure/cage specifications, and noise and odor controls).
(3) 
The applicant shall provide a manure management plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
(4) 
All animal waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
(5) 
Any exterior fenced in area wherein animals exercise or are otherwise exposed must be located a minimum of 50 feet from any adjoining lot line.
(6) 
The perimeter of any outdoor runs or exercise areas must be fenced in with weatherproof material, a minimum of six feet in height, and accessible only through a self-latching gate or a manual latch with a locking pin.
(7) 
The portion of the building or structure used to house animals (including any portions that are below grade) shall be equipped with code-approved non-toxic, noise dampening material or acoustic tile to minimize noise impact on adjacent uses or properties.

§ 203-606 Art gallery/studio.

A. 
Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
B. 
The scale, massing and building design shall be compatible with the surrounding neighborhood.
C. 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

§ 203-607 Campground.

A. 
Within a residential district, for each acre of total lot area, there shall be a maximum average of: five recreational vehicle sites (where allowed); 10 tent sites; or cabin sleeping capacity for 20 persons. Such sites may be clustered in portions of the tract. Such maximum density shall not apply within a nonresidential district.
B. 
Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales, recreation, household, food, gift and camping items. Within a residential district, any short shall be primarily intended to serve persons camping on-site.
C. 
For a campground, which includes recreational vehicle campground, the requirements of the Subdivision and Land Development Ordinance[1] shall also apply.
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
D. 
Minimum lot area of 10 acres.
E. 
All campsites, recreational vehicles sites, and principle commercial buildings shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the campground. Within this buffer the applicant shall prove to the maximum extent possible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within the buffer.
F. 
Buildings used for sleeping quarters shall not be within the 100-year floodplain. See maximum steep slope disturbance provisions in the Subdivision and Land Development Ordinance.
G. 
Maximum impervious coverage is 10%, which shall include the typical lot area covered by recreational vehicles at full capacity.
H. 
No person other than a bona fide resident manager/caretaker shall reside on-site for more than six months in any calendar year. No recreational vehicles shall be occupied on the site for more than six months in any calendar year by any individual or one family, other than a resident manager/caretaker.

§ 203-608 Care facilities and senior housing (independent living facility and retirement housing facility).

A. 
Care facilities and senior housing: Independent care facility and retirement housing facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Lot size. Care facilities and senior housing must be located on a minimum of 10 acres.
(2) 
When located in a residential zoning district, all care facilities or senior housing must comply with the density of development limits of the underlying district.
(3) 
The facility shall be duly licensed by the commonwealth and shall operate in accordance with the regulations of the licensing agency.
(4) 
The facility shall provide on-site all required off-street parking and loading spaces.
(5) 
The facility shall be serviced by public water and public sewer systems.
(6) 
The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. A traffic study shall be required in accordance with the SALDO provisions.
(7) 
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(8) 
The parking and circulation plan shall be referred to the appropriate Fire Department for comments regarding traffic safety and emergency access.
(9) 
Ambulance, delivery, and service areas shall be obscured from the view of adjacent residential properties by fencing, screening, or planting as approved by the Township.
(10) 
The developer must record a covenant that runs in perpetuity that prohibits the property from being used for any other purposes than senior housing. Proof of said recording must be provided to the Township prior to issuance of any permits for the development.

§ 203-609 Distillery.

A. 
A distillery shall be a permitted conditional use subject to the following express standards and criteria:
(1) 
Operations shall cease between the hours of 12:00 midnight and 7:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2) 
The use shall not be located closer than 600 feet to another similar use.
(3) 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Township may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

§ 203-610 Dwelling types.

A. 
Manufactured home park.
(1) 
The minimum tract area shall be under single ownership.
(2) 
Density. The maximum average density of the tract shall be four dwelling units per acre.
(3) 
Landscaped perimeter. Each mobile/manufactured home park shall include a 35-foot-wide landscaped area including substantial evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic.
(4) 
A dwelling, including any attached accessory building shall be set back 25 feet from another dwelling within the same mobile home park, except unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
(5) 
The minimum separation between homes and the edge of the interior street cartway or parking court cartways shall be 25 feet.
(6) 
Accessory structures. All accessory structures shall be a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(7) 
"Common open space." For a mobile home park a minimum 15% of the total lot area of the entire mobile park shall be set aside as common open space for the residents. This area shall be suitable for active or passive recreation.
(8) 
Each home shall have its hitch and tires removed.
(9) 
Anchoring. Each dwelling shall be secured to the ground to prevent shifting, overturning, or uneven settling.
(10) 
Foundation treatment. The space between the bottom of the home and ground and/or home pad shall be enclosed using a durable fire-resistant material. The enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete or stucco facing.
(11) 
Utilities. All units within the mobile home park shall be connected to a public water and public sewage system. The system shall meet the appropriate minimum water pressure/fire flow and hydrant requirements.
(12) 
Along the through-streets, a minimum nighttime lighting level of 0.2 footcandles shall be maintained, as no expense to the Township.

§ 203-611 Farmer's market.

A. 
A farmer's market shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(2) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(3) 
Vehicular and pedestrian access to the proposed use shall be designed and provided to maximize pedestrian and vehicle safety.

§ 203-612 Fire station.

A. 
A fire station shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Ingress and egress to and from a fire station shall be located to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
(2) 
Fire stations shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
(3) 
Lighting shall be oriented away from adjacent properties to minimize light pollution onto adjacent properties.

§ 203-613 Food and grocery store.

A. 
A food and grocery store shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
(2) 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(3) 
A food and grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this chapter.
(4) 
A food and grocery store shall not exceed 40,000 square feet in gross floor area.

§ 203-614 Freight and truck terminal.

A. 
A freight and truck terminal shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Access shall be via an arterial or collector street.
(2) 
Setback requirements for a truck terminal shall be set at the following distances in addition to any buffer zones required be this chapter:
(a) 
Front: 50 feet.
(b) 
Side: 50 feet.
(c) 
Back: 50 feet.

§ 203-615 Garden center.

A. 
All garden centers shall have vehicular access to an arterial or collector road as identified in the Township Comprehensive Plan.
B. 
All outdoor display areas shall be set back at least 50 feet from street right-of-way line.
C. 
All structures, parking lots and loading areas shall be screened from adjacent residential properties.
D. 
All landscaping equipment and associated vehicles shall be screened from adjacent residential properties.

§ 203-616 Golf course.

A. 
A golf course shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(2) 
An additional 10 feet of yard setback with a landscape screen bufferyard shall be provided around all off-street parking and loading areas. The intention of the bufferyard shall be to protect the surrounding neighborhood from inappropriate light and other disturbances.
(3) 
The outer safety zone of all golf holes, as recommended by the United States Golf Association, shall be a minimum of 50 feet from all adjacent residential lots.
(4) 
A golf course's hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance, or interruption.
(5) 
The owner(s) and operator(s) of a golf course shall be responsible for the conduct and safety of the members, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors, and guests.
(6) 
The site shall be served by public water and public sanitary sewer systems.
(7) 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids is permitted with the exception of lawn chemicals and gasoline, diesel fuel, and oil for the operations and maintenance of motorized vehicles and equipment.

§ 203-617 Home occupation.

A. 
A home occupation shall be a permitted special exception subject to the following express minimum standards and criteria:
(1) 
The home occupation shall be carried on wholly within the principal or accessory structures.
(2) 
No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.
(3) 
Articles not produced on the premises shall not be sold on the premises.
(4) 
There shall be no display of merchandise available for sale on the premises. However, merchandise may be stored on the premise for delivery off the premises.
(5) 
Exterior displays or signs other than those permitted in Article X of this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
(6) 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Article V of this chapter.
(7) 
The use shall not significantly intensify existing vehicular or pedestrian traffic that is normal for the residences in the neighborhood.
(8) 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
(9) 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(10) 
The use shall not cause an increase in the use of water, sewage, garbage, public safety, or any other municipal services beyond that which is normal for the residences in the neighborhood.
(11) 
The use shall not cause a negative impact on lot values in the immediate neighborhood.
(12) 
The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.
(13) 
One work vehicle is permitted on the premises.
(14) 
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:
(a) 
Beauty shops or barber shops containing more than two chairs.
(b) 
Clinics, hospitals, or nursing homes.
(c) 
Kennels, veterinary offices, and clinics.
(d) 
Mortuaries.
(e) 
Private clubs.
(f) 
Private instruction to more than three students at a time.
(g) 
Restaurants or tearooms.
(h) 
Stables.
(i) 
Tourist or boarding homes.
(j) 
Vehicle or equipment rental, repair, or sales.
(k) 
Vehicle repair garages, as defined by this chapter.
(15) 
Day care homes other than those defined in Article II of this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:
(a) 
Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
(b) 
A safe area shall be provided for the drop-off and pick up of children who do not obstruct the free flow of traffic on any public street.
(c) 
Off-street parking shall be provided in accordance with the requirements of Article IX of this chapter.

§ 203-618 Medical marijuana dispensary.

A. 
A medical marijuana dispensary shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The applicant shall demonstrate compliance with all facility regulations in § 802 of the Medical Marijuana Act,[1] as amended (Act 16, Pennsylvania Law 84, No. 16).
[1]
Editor’s Note: See 35 P.S. § 10231.802.
(2) 
The dispensary shall meet the same land use requirements as other commercial facilities that are located in the underlying district.

§ 203-619 Mineral development.

A. 
Mineral development shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).
(2) 
Mineral development shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the PA DEP as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[1]
[1]
Editor’s Note: See 16 U.S.C.A. § 1271 et seq.
(3) 
No mineral development shall be conducted within 300 feet of any public building, school, place of worship, community or institutional building, commercial building, public park, or private recreational area.
(4) 
No mineral development shall be conducted within 100 feet of the right-of-way line of any public road, except where access roads or haulage roads join the ROW line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.
(5) 
No mineral development shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.
(6) 
No mineral development shall be conducted within 100 feet of a cemetery.
(7) 
No mineral development shall be conducted within 300 feet of any occupied residential dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.
(8) 
A plan shall be submitted showing how dust will be controlled.
(9) 
The Board of Supervisors may require fencing, landscaping, to other features to buffer between uses and protect public safety.
(10) 
The applicant shall present expert testimony to demonstrate that the proposed mineral development operation will not adversely affect any of the following:
(a) 
Lawful existing or permitted use of adjacent properties.
(b) 
The quality of adequacy of any public or private water supply source.
(c) 
Any flood-prone or landslide prone areas within the Township.
(11) 
The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent buildings or structures or shall not substantially diminish underground water resources.
(12) 
If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.
(13) 
The applicant shall provide reclamation plans for the site, which demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the District in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.
(14) 
The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county, and Township roads and shall design the hauling routes for the mineral development operation to minimize the impact on local roads with the Township.
(15) 
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
(16) 
Portions of the site where mineral development and removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.
(17) 
Deep mine openings and aboveground structures shall not be located within 300 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the performance standards of Article V regarding noise and to minimize noise impacts on adjoining property.
(18) 
The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.
(19) 
Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within 90 days of the date of approval of the application by the Board of Supervisors unless the applicant submits a written request for an extension to the Board of Supervisors prior to the expiration of the 90 days explaining the reason for the delay in initiating the work and the Board of Supervisors approves the request.
(20) 
Once work is initiated under an approved application for a conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for the conditional use, the applicant may reapply for approval of the conditional use.
(21) 
During the mineral development operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

§ 203-620 Night club.

A. 
A night club shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The night operations shall cease between the hours of 2:00 a.m. and 7:00 a.m., prevailing time (unless more restrictive non-operating hours are established by the Board of Supervisors in its conditional use decision), and the establishment shall not be open to the public during those hours.
(2) 
All night club activities shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the night club is open for operation.
(3) 
The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.
(4) 
No night club shall be permitted within 500 lineal feet of an adult-oriented business and/or another night club, as measured from lot line to lot line.
(5) 
The night club operations shall not cause or create a nuisance, including, but not limited to, excessive noise levels.
(6) 
The owner and operator of the night club shall be responsible for the conduct and safety of its patrons.
(7) 
No more than one identification sign shall be permitted. The sign shall be a ground sign or wall sign. The graphic area of the sign shall not exceed 40 square feet.

§ 203-621 Parking lot, commercial.

A. 
A parking lot, commercial, shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least 1/2 of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(2) 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
(3) 
A traffic impact study shall be required for parking lots with more than 100 spaces. The traffic study shall be reviewed and approved by the Township Traffic Engineer.
(4) 
A commercial parking lot shall be screened and buffered with an appropriate bufferyard.
(5) 
A street wall, in addition to landscaping, must be provided between the sidewalk/street and the parking lot.

§ 203-622 Parking structure, commercial.

A. 
A parking structure (commercial) shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
If the parking structure is accessory to the principal use of a lot, it shall be included in all building coverage calculations.
(2) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least 1/2 of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(3) 
A traffic impact study shall be required and shall be reviewed and approved by the Township Traffic Engineer.
(4) 
A parking structures shall not be located any closer to a ROW line or a property line than what is permitted by the building setbacks defined in this chapter.
(5) 
The perimeter of a parking structure shall be landscaped with a bufferyard.

§ 203-623 Public utility building and public utility transmission facility.

A. 
A public utility building and public utility transmission facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Board of Supervisors.
(2) 
A non-climbable security fence at least eight feet in height shall be installed around all portions of the facility.
(3) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least 1/2 of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

§ 203-624 Repossession business.

A. 
A repossession business shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The standards for "vehicle repair garage" in this article shall apply.
(2) 
Exterior storage of vehicles and/or equipment associated with the permitted principal use shall require approval of a storage yard as an accessory use.

§ 203-625 Skilled nursing facility.

A. 
A skilled nursing facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The standards for "care facilities and senior housing" in this article shall apply.

§ 203-626 Solar energy facility, large.

A. 
A large solar energy facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories, the American Standards Technical Manual, or other similar certifying organizations, and shall comply with the UCC, Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(2) 
All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.
(3) 
All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street ROW.
(4) 
Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
(5) 
All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
(6) 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(7) 
For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.
(8) 
Building-mounted systems mounted on a flat roof shall not be visible from the public ROW immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public ROW at ground level.
(9) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roof line to which it is attached.
(10) 
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
(11) 
The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system is considered impervious surface and shall be calculated as part of the lot coverage limitations for the Zoning District in which it is located.
(12) 
No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(13) 
Vacation, abandonment, and/or decommissioning of solar facilities:
(a) 
The solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation.
(b) 
Discontinuation/abandonment is presumed when a solar system has been disconnected from the Net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be on the Township.
(c) 
The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.
(d) 
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(e) 
If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the 12-month period outlined above, the Township reserves the right to enter the property, remove the system, and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owners expense.
(f) 
Any unpaid costs resulting from the Township's removal of a vacated, abandoned, or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded, and released in the manner provided by the general statutes for continuing, recording, and releasing property tax liens.
(14) 
At the time of issuance of the permit for construction of the large solar energy facility, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

§ 203-627 Solid waste facilities (combustor/incinerator, landfill facility, or transfer station).

A. 
Solid waste facilities shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The minimum site area required shall be 50 acres.
(2) 
Ingress to and egress from solid waste facilities shall be permitted by roads to serve only the solid waste facilities. Street design shall allow a weight limit of 19,000 pounds per axle. Approach and departure traffic routes for a solid waste facility shall not be permitted through local streets primarily intended to provide access to residences in a neighborhood.
(3) 
A non-climbable security fence at least eight feet in height shall be installed around all portions of solid waste facilities directly involved in the storage, handling, and disposal of solid waste.
(4) 
All buildings or structures used for the storage, treatment, processing, recycling, collection, recovery, or disposal of solid waste shall be located at least 500 feet from any exterior property line when such property line abuts a residential zoning district.
(5) 
The hours of operation shall be limited from 7:00 a.m. to 7:00 p.m., except that the hours of operation may be extended when the DEP certifies that sanitation conditions require an extension of operating hours.
(6) 
Municipal solid waste landfills shall be covered in accordance with the DEP. Exterior lighting shall not cause illumination in excess of one footcandle at any property line, except that internally illuminated signs at the entrance to the landfill may exceed this standard where necessary.
(7) 
A tire washing station shall be located on the site for service trucks exiting the facility.
(8) 
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
(9) 
Transfer station operations shall not be conducted within 200 feet of any property lines adjoining residential use or residential zoning district.
(10) 
Incinerator and landfill facilities shall not be located within 500 feet of any property lines adjoining a residential use or residential zoning district.
(11) 
The applicant shall show compliance with applicable state and federal laws regulating landfills, transfer facilities, incinerators, and recovery facilities.
(12) 
The required state or federal permits shall be maintained throughout the duration of all operations.
(13) 
Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter or both.
(14) 
In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and require state or federal permits.

§ 203-628 Vineyard

A. 
A vineyard shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The minimum lot size required is 10 acres.
(2) 
Vehicular access to and from a vineyard shall be conducted from an arterial or collector road.
(3) 
Vineyard operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and related operations.
(4) 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
(5) 
A vineyard shall not significantly intensify vehicular or pedestrian traffic, which is normal for residences in the neighborhood.

§ 203-629 Wastewater treatment plant.

A. 
A wastewater treatment plant shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The minimum lot size required is five acres.
(2) 
The site and facility shall be fenced and gated so that members of the general public cannot access the site or the facility.
(3) 
Setbacks. The following setbacks shall be maintained for the treatment facilities or water withdraw and distribution facilities and any truck parking or staging areas.
(a) 
300 feet to adjoining properties and public road ROWs.
(b) 
500 feet to any existing adjoining residential structure.
(c) 
200 feet to any body of water, stream, or wetland.
(4) 
On-site holding tanks shall be provided to collect and store water produced during the treatment process.
(5) 
Proof of all applicable and required federal, state, county, Township, and/or local approvals, permits, licenses, and/or registrations shall be provided to the Township, including but not limited to permits from PA DEP.
(6) 
Reporting requirements. For any facility approved by the Township, the operator shall submit to the Township a copy of all PA DEP-required or PA DEP-issued documents and reports associated with the operation within seven days of the date of the document or report.

§ 203-630 Water storage.

A. 
A water storage facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
No water storage facility shall exceed 250 feet in height.
(2) 
A water storage facility shall be setback from adjacent property lines and/or ROWs a minimum distance equal to 115% of the water storage/tower's height but shall not be less than 25 feet in width.
(3) 
The height of a water storage facility shall be measured from the top of the foundation to the upper most point of the tower.
(4) 
Lighting shall be required for the water storage facility as a safety measure for low-flying aircraft in accordance with all FAA regulations and approvals.
(5) 
Access driveways to a water storage tower shall be paved with a minimum of six inches of slag or stone.
(6) 
All water storage uses, which are principal uses or structures, shall comply with the area and bulk regulations for principal structures in the zoning district in which they are proposed.
(7) 
All aboveground water storage facilities that exceed the height limitations of the district shall increase the required yard clearances by one foot for every two feet of height in excess of the height limitations of the district.

§ 203-631 Winery.

A. 
A winery shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1) 
The minimum lot size required is five acres.
(2) 
Winery operations shall be conducted in accordance with all applicable federal, state, county, and Township laws and regulations governing the production of crops and releated operations.
(3) 
A business established as a winery shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicles.
(4) 
Indoor and outdoor display areas associated with retail activity shall not exceed a total of 3,000 square feet in gross floor area. Display areas within parking lots and outdoor storage areas shall be included within the calculated gross floor area.
(5) 
The minimum number of required parking spaces shall not be utilized for display areas and/or outdoor storage areas.
(6) 
To promote adequate vehicular safety and circulation, an entrance drive surfaced with bituminous brick, concrete, or stabilized aggregate shall be constructed between the nearest public road ROW and the retail area. The entrance drive shall be a minimum of 20 feet wide. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
(7) 
No more than one identification sign associated with advertising the winery shall be permitted. The identification sign shall be a ground or wall sign and shall have a maximum graphic area of 40 square feet.
(8) 
The minimum distance between buildings shall be 30 feet.
(9) 
The maximum length of any building shall be no more than 200 feet.
(10) 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted on the lot(s), with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
(11) 
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.

§ 203-632 Uses not specifically listed.

A. 
A use not expressly listed as a permitted use, conditional use, or use by special exception may be permitted as a conditional use upon the applicant's demonstration that the proposed use:
(1) 
Impacts the environment and adjacent streets and properties equal to or less than any use specifically listed in the zoning district. In making such determination, the Board of Supervisors shall consider the following characteristics of the proposed use:
(a) 
The number of employees.
(b) 
The floor area of the building or gross area of the lot devoted to the proposed use.
(c) 
The type of products, materials, equipment, and/or processes involved in the proposed use.
(d) 
The magnitude of walk-in trade.
(2) 
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards outlined in this chapter. A trip generation letter must be provided if a certain threshold of trips is projected and will require a traffic study.
(3) 
The proposed use will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, or vibration.
(4) 
The proposed use is in general conformity with the Comprehensive Plan and harmony with the area in which it is proposed.
(5) 
The proposed use complies with any applicable standards and criteria specified in this article for the most nearly comparable conditional uses or use by special exception specifically listed in the zoning district in which it is proposed.
(6) 
The proposed use is in compliance with all other standards of this chapter and all other Township ordinances.