MapLink™ | Procedures | Conditional Use

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Conditional Use
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.

Conditional uses.
A. Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:
(1) Names and address of adjoining landowners, including lots directly across a public right-of-way.
(2) A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(3) A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(4) Ground floor plans and elevations of proposed structures for all business land uses.
B. General criteria. Each applicant must demonstrate compliance with the following:
(1) The proposed use shall be consistent with the purpose and intent of this chapter.
(2) The proposed use shall not detract from the use and enjoyment of adjoining or nearby lots.
(3) The proposed use will not affect a change in the character of the subject property's neighborhood.
(4) 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.).
(5) For development within a floodplain, that the application complies with those requirements listed in the Flood Plain Ordinance of East Hempfield Township.
(6) The proposed use shall comply with those criteria specifically listed in Article 9: Administration and Enforcement of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7) The proposed use will not substantially impair the integrity of Growing Together: A Comprehensive Plan for Central Lancaster County.
C. 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 article.
D. Site plan approval. Any site plan presented in support of the conditional use pursuant to § 270-9.6: Conditional uses 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.
E. Hearing procedures. All hearings on conditional use applications will be conducted in accordance with the Pennsylvania Municipalities Planning Code, as amended.