Application of use regulations.
A. In addition to the criteria for uses within the underlying zones and general provisions established in
Article 3: Zone Regulations and
Article 4: General Provisions, this article sets forth standards that shall be applied to each category of use identified herein, regardless of their classification as permitted, special exception or conditional use.
(1) The criteria for special exception and conditional uses in this article shall be in addition to the general criteria for special exception and conditional uses set forth in
Article 9: Administration and Enforcement, as applicable.
(2) The applicant shall be responsible for providing evidence and demonstrating compliance with all applicable standards.
(3) The standards of this article must be satisfied before approval of any application for a special exception or conditional use or zoning permit, as applicable and in accordance with
Article 9: Administration and Enforcement, herein.
B. All uses identified in this article must comply with the regulations for the zone in which the use is to be located; unless different or inconsistent standards are established by this article, in which case the standards in this article shall take precedence.
Special exceptions.
(a) Special exceptions, as provided for in this chapter and subject to all applicable requirements, including, but not limited to:
[1] Specific criteria. Each applicant shall demonstrate compliance with the specific criteria established in
Article 5: Special Use Regulations for the use for which the applicant seeks a special exception and with all other applicable criteria, such as area and bulk requirements of the zone in which the property is located.
[2] General criteria. Each applicant must demonstrate compliance with the following:
[a] The proposed use shall be consistent with the purpose and intent of this chapter.
[b] The proposed use shall not detract from the use and enjoyment of adjoining or nearby lots.
[c] The proposed use will not substantially change the character of the subject property's neighborhood.
[d] Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
[e] The proposed use shall comply with those criteria specifically listed in
Article 3: Zone Regulations,
Article 4: General Provisions and
Article 5: Special Use Regulations of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
[f] The location of the use, including with respect to the existing or future streets giving access to it, is in harmony with the orderly and appropriate development for the zone in which the use is to be located.
[g] The nature and intensity of the operations involved are in harmony with the orderly and appropriate development of the zone in which the use is to be located.
[h] The grant of the special exception shall not materially increase traffic congestion on streets and highways, nor cause nor encourage commercial or industrial traffic to use residential streets.
[i] The proposed use will not substantially impair the integrity of Growing Together: A Comprehensive Plan for Central Lancaster County.
[3] In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this article and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended.
