West Donegal Township
City Zoning Code
City Zoning Code
ARTICLE XXI
Conditional Uses
§ 240-133 Decision by Board of Supervisors; criteria; conditions.
The Board of Supervisors shall hear and decide petitions for conditional uses specifically authorized in this chapter. Decisions to grant or deny the petition shall be subject to the following:
A.
General criteria.
(1)
The proposed use shall be consistent with the purpose and intent of this chapter and shall be a use specifically permitted as a conditional use;
B.
Conditional use application. A conditional use application must include all the plan requirements listed in § 240-128 of this chapter.
C.
Conditions. The Board of Supervisors in approving conditional use applications may attach reasonable 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 zoning district. 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.
D.
Hearing procedures. The Board of Supervisors shall conduct hearings in accordance with the requirements of the MPC.
E.
Expiration or revocation of a Board of Supervisors decision.
(1)
The granting or approval of a conditional use by the Board of Supervisors shall be valid only for the property specified in the petition. Alterations or changes to the use or building authorized by the Board of Supervisors shall require reapplication to the Board. If a conditional use is granted, the necessary permit shall be secured within two years after the date when such approval is finally granted, provided that if the necessary permit is not secured within the aforesaid time period due to reasons beyond the applicant's control (such as ongoing appeals), failure of governmental bodies other than West Donegal Township to issue permits which are a condition precedent to the issuance of the permit, or the failure of the Township or its agencies to proceed diligently and in good faith in the consideration of the permit application, the two-year period shall not apply. If the conditional use has not been implemented within two years of the date of the Board of Supervisors' approval, said approval shall expire and become null and void.
(2)
Violation of the conditions or safeguards or use or construction contrary to that specified by the Board's decision shall be deemed a violation of this chapter, punishable under Article XIX of this chapter. Revocation of the Board's approval shall not preclude the Zoning Officer from instituting civil enforcement procedures or the Township from proceeding in a court of law or equity to prevent or remedy violations of this chapter.