Southampton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE XIII
Conditional Uses, Administration, Permits and Fees
§ 350-1301 Purpose.
Conditional uses are those uses which have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. When a conditional use is proposed, a review of the location, design, configuration and impact is conducted by comparing the proposed use to fixed standards. The findings of the review determine whether the proposed use should be permitted by weighing public need for, and benefit to be derived from, such use, against varied impacts on neighboring properties it may cause. The review considers the proposed use in terms of the existing zoning and land use in its vicinity, and planned and proposed public and private developments which may be adversely affected; whether and to what extent the proposed use, at its particular location, is necessary or desirable to provide a development which is in the interest of public convenience or which shall contribute to the general welfare of the immediate area and Southampton Township; and whether and to what extent all possible steps have been taken by the developer to minimize any adverse effects of the proposed use on the immediate neighborhood area and on the public health, safety, morals and welfare in general.
§ 350-1302 Applicability.
Any use which is listed as a conditional use in any zoning district established by this chapter shall comply with this article.
§ 350-1303 Procedures.
A.
Applications. Applications for a conditional use shall be submitted and approved prior to the filing of a subdivision or land development plan, and/or the issuance of a zoning permit. Applications shall take the form outlined below:
(1)
All applications for conditional use permits shall be made in writing by the owner of the property for which it is sought on a form supplied by the Township and shall be filed with the Zoning Officer. The application shall include four copies of the following information:
(a)
Legal description of the parcel(s) for which the conditional use is desired;
(b)
A scaled drawing including:
(c)
A statement of the proposed use of the parcel, together with a site plan containing the layout of the development drawn to scale showing the location and exterior dimensions of all proposed buildings in relation to property and street lines, and:
[1]
Information regarding planned treatment and disposal of sewage and industrial wastes, water supply and storm drainage;
[2]
The size and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density;
[3]
The location, size arrangement and capacity of all areas to be used for off-street parking and off-street loading;
[4]
The location and dimension of all existing and proposed vehicular drives, entrances, exits, traffic circulation patterns, acceleration and deceleration lanes;
[5]
The location and dimension of all existing and proposed pedestrian entrances, exits and walkways.
(d)
The Planning Agency and/or the Board of Supervisors may request other data or supplemental information deemed necessary by them or by the Zoning Officer to determine compliance of the proposed conditional use with the terms of this chapter.
(e)
When a conditional use is sought for a development which is a part of a subdivision or land development plan which has received final plan approval or for which a previous conditional use permit has been issued, the plan or conditional use permit, together with any covenants, conditions or other restrictions related thereto, shall be submitted as a part of the application for the new conditional use permit.
(f)
Conditional use permits may be granted for lease properties or structures. However, the application shall be signed by both the property owner and the tenant/lessee. Once granted, the conditional use may be continued by other tenants/lessees, provided the use remains the same and all terms and conditions of the original permit are followed.
B.
Notification of adjacent property owners. The applicant shall prepare a list of names and addresses of all property owners physically adjacent to the property for which the conditional use is requested. "Physically adjacent" shall include property across a public or private street or right-of-way if any portion of the boundary is in direct alignment with that of the applicant. Properties with absentee owners shall also list tenant name and address, if applicable. The Township shall prepare a notice listing the date, time and place of the public hearing and the nature of the conditional use requested. Such notice shall be sent in accordance with public notice requirements.
C.
Planning agency review.
(1)
A review shall be held by the Planning Agency following acceptance of the conditional use application by the Township. Acceptance of the application is deemed to occur when the application fee is accepted by the Township and a receipt for same is returned to the applicant.
(2)
In the event an application is recommended for approval with conditions by the Planning Agency, such conditions shall be communicated to the applicant and to the Board of Supervisors before the next regularly scheduled Board meeting following the Planning Agency meeting at which the recommendation was made.
D.
Board of Supervisors review. The Board of Supervisors shall hold a public hearing, pursuant to public notice as required by the Pennsylvania Municipalities Planning Code,[1] within 60 days of the date of acceptance by the Township of the application, and render its decision not more than 45 days following the date of the public hearing, unless the applicant agrees, in writing, to an extension of that deadline. The decision of the Board shall be communicated in writing to the applicant by certified mail. Failure of the Board to hold a public hearing or render its decision within the time periods stated above, without the written concurrence of the applicant, shall constitute an approval of the conditional use application as submitted.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Denial of application. An application for conditional use shall be denied if the Board finds:
(1)
That the application and record fail to establish compliance with the standards made applicable to the proposed development by the provisions of this chapter; or
(2)
If the adverse impacts of the use or development, after taking into consideration any proposals of the applicant and any conditions that might be imposed by the Board pursuant to the provisions of this chapter to ameliorate them, outweigh any public or private benefits of the proposal and require denial of the conditional use application in the interest of the overall public health, safety and welfare.
F.
Approval with conditions. The Board may, in approving any conditional use application, impose such restrictions and conditions on such approval, the proposed use and/or the premises to be developed or used pursuant to such approval as it determines are required by the general purposes, goals and objectives of the Comprehensive Plan and this chapter, to prevent or minimize adverse effects from the proposed use and development on other properties in the neighborhood and on the general health, safety, morals and welfare of the Township. All conditions imposed upon any conditional use permit approval, with the exception of conditions made applicable to such approval by the express terms of this article, shall be definitively set forth in the findings and decision granting such conditional use permit.
G.
Acknowledgement of approval. In the event an application for conditional use is approved, or approved subject to conditions, the applicant shall acknowledge such approval, in writing, and unconditionally accept and agree to any and all conditions imposed on the approval within 15 days of receipt of the decision. In the event such permit is not approved, or is approved subject to conditions which are not acceptable to the applicant, the applicant may:
§ 350-1304 Compliance.
Every conditional use permit shall be predicated upon the proposed development or use complying with all requirements of this article, other applicable requirements of this chapter, including § 350-1202, Performance standards, Chapter 295, Subdivision and Land Development, and any other applicable Township, state or federal laws. The violation of any condition of approval shall be considered a violation of this article.
§ 350-1305 General use standards.
No application for a conditional use permit shall be approved unless the Board of Supervisors specifically finds the proposed conditional use appropriate in the location for which it is proposed. This finding shall be based on the following criteria:
A.
The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this article or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice by the Township.
B.
There shall be a community need for the proposed use at the proposed location. Also, in light of existing and proposed uses of a similar nature in the area and of the need to provide or maintain a proper mix of uses both within the Township and also within the immediate area of the proposed use:
(1)
The proposed use in the proposed location shall not result in either a detrimental over-concentration of a particular use within the Township or within the immediate area of the proposed use;
(2)
The area for which the use is proposed is not better suited for or likely to be needed for uses which are permitted as a matter of right within that district, in light of policies or provisions of the Comprehensive Plan, this chapter, or other plans or programs of the Township;
(3)
The proposed use, as presented, should be able to meet the applicable requirements of this chapter and Chapter 295, Subdivision and Land Development, without variance or modification. Depending on the type, number and degree of relief sought, the need for variance or modification may be considered by the Township to be contrary to the intent of this chapter, and as grounds for denial of a conditional use application.
C.
The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety and general welfare, including emergency services, such as police, fire protection or ambulance, either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policies of the Comprehensive Plan, this chapter or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice, by the Township or other governmental agency having jurisdiction, to guide growth and development.
D.
The proposed use in the proposed location shall be adequately served by and shall not impose an undue burden on any existing improvements, facilities, utilities or services. Where any such existing improvements, facilities, utilities or services are not adequate to service the proposed use in the proposed location, the applicant shall, as part of the application and as a condition to approval of the proposed conditional use permit, be responsible for establishing ability, willingness and binding commitment to provide for, extend or upgrade such improvements, facilities, utilities and services in sufficient time and in a manner consistent with the Comprehensive Plan, this chapter, and other plans, programs, maps and ordinances adopted by the Township to guide its growth and development.
E.
The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this article.
§ 350-1306 Duties of Zoning Officer.
A.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Board of Supervisors and shall be able to demonstrate to the satisfaction of the Board of Supervisors a working knowledge of municipal zoning. The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter and other applicable Township codes and ordinances. The Zoning Officer shall issue all permits required by this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment by the Township.
B.
The Zoning Officer shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his duties, provided that:
(1)
The Zoning Officer shall notify the owner and/or tenant before conducting any inspection.
(2)
The Zoning Officer or his duly authorized assistant(s) shall display identification signed by Supervisors upon commencing an inspection.
(3)
All inspections requiring access to structures shall be performed in the presence of the owner or his representative or tenant. Other inspections may be performed without the presence of the owner or his representative or tenant, provided § 350-1306B(1) and (2) above are complied with.
C.
The Zoning Officer shall maintain files of all applications for zoning permits along with plans submitted therewith.
D.
The Zoning Officer or the Code Enforcement Officer shall also maintain records of every complaint of a violation of the provisions of this chapter as well as action taken as a result of such complaints.
E.
The Zoning Officer shall submit to the Township Supervisors, for insertion in the Supervisors' minutes, a written report summarizing for the month all zoning permits issued by him as well as complaints of violations and action taken as a result of such complaints.
§ 350-1307 Zoning/land use permit.
A.
Requirement. A zoning/land use permit shall be required prior to the erection, construction or alteration of any building, structure, or sign, or any portion thereof; prior to constructing, placing, altering or erecting a fence or a shed of any kind, whether affixed to the real estate or not or any portion thereof; prior to the moving of a building into the Township, or from one place in the Township to another; prior to the change or extension of nonconforming use; and upon a change in the use of a structure or land.
B.
Any such proposed activity described above that is to be located in a designated floodplain area shall be subject to Chapter 166, Floodplain Management.
C.
Notwithstanding the above, a permit shall not be required prior to the constructing, placing, altering or erecting a type of fence that is customarily used for agriculture that is to be used for agricultural purposes.
§ 350-1308 Fees.
A.
The Board of Supervisors shall set fees, payable in advance, for all applications, permits, or appeals provided for by this chapter to defray the cost of advertising, processing, inspecting, mailing notices, charges of a stenographer for taking the notes of testimony, and copying applications and permits. Zoning permits shall not be required for any maintenance operations, such as painting, roof repair, window replacement, installation of siding, replacement of defective structural member or similar maintenance measures.
B.
The Board of Supervisors shall be empowered to reevaluate the fee schedule and make necessary changes to it. Such changes shall not be considered an amendment to this chapter, and may be adopted at any public meeting of the Board by resolution.
C.
The required fees for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Board of Supervisors and the Zoning Officer. All such fees shall be paid into the Township Treasury.
D.
Special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
§ 350-1309 Uses not provided for; similarity review.
In any district established by this chapter, when a specific use is not expressly permitted or listed as a conditional use, it shall be deemed to be prohibited. Upon the receipt of a written request, the Zoning Officer shall make a determination of similarity or compatibility of the use in question to permitted or conditional uses in the particular zoning district within 30 days. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made. Appeals of the Zoning Officer's determination in such matters shall be taken to the Zoning Hearing Board.