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South Annville Township Lebanon County
City Zoning Code

PART 12

Conditional Use Procedures

§ 1201. Conditional Use Applications.

Any person desiring to obtain approval of a conditional use from the Board of Supervisors shall submit an application to the Board of Supervisors which shall contain all of the information required for an application for a special exception set forth in § 1904 of this Chapter and shall submit a plan meeting all requirements of § 1904.1. No conditional use application is complete without payment of the required fee.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1202. General Criteria.

When conditional uses are provided for in this Chapter, the Board of Supervisors shall hear and decide requests for such conditional uses in accordance with the stated standards and criteria. The Board of Supervisors may grant approval of a conditional use provided that the applicant complies with all of the specific standards and criteria for the particular use and all of the following general standards for conditional uses. The burden of proof shall rest with the applicant.
   A.   The applicant shall establish by credible evidence compliance with all conditions, requirements, standards, criteria and performance standards for the conditional use enumerated in the Section which gives the applicant the right to seek the conditional use and any other Section of this Chapter which relates to the proposed use.
   B.   The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or all improvements shall be made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems including, but not limited to, police protection, fire protec tion, utilities, parks and recreation.
   C.   The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal vehicle and pedestrian circulation, parking, buffering, and all other elements of proper design as specified in this Chapter and any other governing law or regulation.
   D.   The applicant shall provide the Board of Supervisors as part of the application for the conditional use with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
   E.   The proposed conditional use shall not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood, and the use of property adjacent to the area included in the conditional use application shall be adequately safeguarded.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1203. Conditions.

The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Chapter and be subject to the penalties described in this Chapter.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1204. Notice and Hearing for Conditional Use Application.

The Board of Supervisors shall provide notice of the hearing on an application for a conditional use in accordance with MPC requirements. The Board of Supervi sors shall conduct the hearing on an application for a conditional use in accordance with all MPC requirements.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1205. Site Plan.

Any site plan presented in support of the condi tional use shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1206. Expiration of Conditional Use Approval.

If the conditional use is granted, the applicant shall file an application for and shall gain approval of a preliminary subdivision and/or land development within eighteen (18) months of the date of the decision of the Board of Supervisors. The applicant shall obtain approval of a final subdivision or land development plan within thirty (30) months from the date of the decision of the Board of Supervisors. Applications for preliminary subdivision and/or land develop ment and final subdivision and/or land development shall contain all relevant information from the conditional use process. The applicant shall complete the construction authorized by a decision of the Board of Supervisors granting conditional use approval within five (5) years from the date of the decision. However, upon written request by the applicant and for good cause, the Board may extend either the time within which to obtain approval of a preliminary subdivision plan and/or to obtain approval of a final subdivision plan and/or to complete construction. If the applicant fails to meet such time periods, the conditional use approval shall expire.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)

§ 1207. Number of Applications Which May Be Pending.

No more than one (1) application for the same property shall be pending before the Board of Supervisors at any time. If an applicant files a second or subsequent application with the Board of Supervisors while an application for the same property is pending, the Board of Supervisors shall schedule a hearing for the second or subsequent application as required by the MPC and may deny the second or subsequent application for violation of this Section unless that applicant has, in writing, withdrawn the application for the property which was pending on the date the second or subsequent application was filed.
(Ord. 7/8/1978; as added by Ord. 61406, 6/14/2006, § 7)