The Board of Supervisors may authorize conditional uses as specified
within the Use Tables of attached as Appendix A[1] to this chapter after submitting requests for same for
recommendation to the Planning Commission in accordance with procedures
set forth in this section. A conditional use shall be approved if
and only if it is found to meet the following criteria:
A.
The proposed use conforms to the district, is listed as a conditional
use therein and complies with the general regulations of this chapter.
B.
The proposed use meets any and all special standards which apply
to such use as set forth in this article.
C.
The proposed use does not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person and complies with the performance standards of this chapter, Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity and any other ordinance, law, rule or regulation associated with same.
E.
The proposed use will produce a total environmental effect consistent
with and not harmful to the environment and character of the neighborhood,
taking into consideration the physical relationship of the proposed
use to the surrounding properties, the probable hours of operation,
the activities to be conducted and the number of people to be assembled
or to use the premises at any one time.
F.
The proposed use organizes vehicular access and parking to minimize
conflicting traffic movement on adjacent streets and within the site.
G.
The proposed use will promote the objectives of this chapter and
shall be consistent with the Comprehensive Plan of and for Unity Township.
H.
The application for a land development containing a conditional use
shall include not less than seven prints of a site map and a proposed
site development plan for the conditional use. The application shall
also be submitted along with any documents required for a grading
permit and any other information required for the Planning Commission
to make preliminary determinations as to whether the proposed conditional
use meets all applicable standards set for the requested use.
I.
The Planning Commission may request additional information from the
applicant as it deems necessary for the consideration of the request.
The Planning Commission shall thereafter make preliminary determinations
and recommend approval or disapproval of the proposed conditional
use in accordance with the standards set forth for the requested use.
J.
The Supervisors may approve or disapprove the conditional use and/or
site development plan for a proposed conditional use following review
and recommendation from the Planning Commission. The Planning Commission
may recommend that the proposed conditional use be granted, denied
or granted with reasonable conditions and safeguards to ensure its
compliance with this article and as it may deem necessary to implement
the purposes of this chapter.
K.
The Supervisors may accept, reject or modify the recommendations
of the Planning Commission and, upon granting such relief, attach
such conditions as they deem appropriate to any approval. Approval
may be conditioned upon the grant of relief (e.g., dimensional variances,
etc.) by the Zoning Hearing Board where same is required, but such
conditional approval by the Supervisors shall not be binding on the
Zoning Hearing Board, and the conditional approval shall be deemed
vacated if any requested relief is denied by the Zoning Hearing Board.
L.
Site plan approval shall not be official, and no grading, building,
occupancy or other permit shall issue, until and unless the site plan
is approved and executed by the Board of Supervisors and recorded
with the Recorder of Deeds of Westmoreland County, Pennsylvania.
M.
All development, construction and use of the site shall be in accordance
with the approved plan, unless an application for a revised site plan
is submitted to and approved by the Township. The Board of Supervisors,
at their discretion, may refer any request for site plan revision
to the Planning Commission for review, comment and recommendation.
Any development contrary to the approved plan shall be a violation
of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
The Zoning Hearing Board shall hear and decide requests for special
exceptions as indicated within the Table of Uses, attached as Addendum
A[1] to this chapter, and elsewhere within this chapter. A
special exception is issued for an exceptional use which may be permitted
within a particular zoning district if the Zoning Hearing Board determines
it is available within the district. Such uses are made available
as a privilege, not as a right, assuming that the requisite facts
and conditions detailed in this chapter are found to exist. In granting
a special exception, the Hearing Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
In considering applications for special exceptions and variances in floodplain districts, the Zoning Hearing Board shall give due consideration to the danger to life and property caused by increased flood heights or velocities which may result from the proposed use or encroachment. No special exception or variance shall be granted for any proposed use, development or activity within the floodway unless such approval is conditioned upon the grant of a variance by the Board of Supervisors pursuant to the terms of this chapter and Chapter 57, Floodplain Management, of the Code of the Township of Unity.
C.
In the event the Zoning Hearing Board grants relief within a floodplain,
the Board shall notify the applicant for such special exception or
variance, in writing, that the construction of a structure below the
one-hundred-year-flood elevation increases risks to life and property
and will result in increased premium rates for flood insurance.
