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Conditional Use

703.03          Application
 

The owner of the property for which a conditional use is proposed shall make an application for a conditional zoning certificate by submitting such application to the Zoning Inspector.

 

At a minimum, an application for a conditional zoning certificate shall include the following, unless specific items are waived by the Board of Zoning Appeals:
 
                   (a)     Completed application form.This will be completed at the time you meet with the Zoning Insector. 
 
(b)     Name, address, and phone number of the property owner and, if applicable, of the owner’s designated agent.
 
(c)     Legal description of the property, sufficient to provide identification of the location and boundaries of the subject property to the satisfaction of the Board.
 
(d)    Zoning district of the property.
 
(e)    Description of the existing use of the property.

In addition please provide Twelve (12) complete sets/copies of the following with each copy in a separate manila envelope suitable for mailing. 

(f)     A statement of the specific conditional use or uses listed in this Resolution for which the application is submitted.  The application shall also include a description of the activities proposed on the site, including the goods or services, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will enable the Board of Zoning Appeals to clearly understand the nature of the proposed use and its potential impacts.
 
(g)   A plan of the proposed site and improvements for the conditional use showing the proposed location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and other relevant features and all elements required for a site plan as described in Article 400.
 
(h)     A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties, including an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water.  The narrative shall discuss the compatibility or conflict of the proposal with any adopted plans of the Township.
 

(i)      A narrative addressing each of the applicable criteria set forth in the standards and requirements for all conditional uses, and, as applicable, the supplementary requirements for uses.

          

(j)      Such other information as the Board of Zoning Appeals shall deem necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations.  Such additional information may include, but shall not be limited to:
 

                              (1)     traffic analysis

                              (2)     drainage analysis

                              (3)     evidence of financial capability

                              (4)     construction schedule

 

The Board of Zoning Appeals may determine that additional studies or expert advice are necessary to evaluate a proposed conditional use relative to the requirements of this Resolution.  The Board shall advise the applicant if such studies or advice are required.  The Board may accept the required studies prepared by qualified professionals engaged by the applicant or may require the applicant to deposit with the Township funds as required to pay for such studies.

 

       
703.04         Review by Township Officials
 
The Zoning Inspector shall distribute the application to township officials or other professionals as directed by the Board of Zoning Appeals for the purpose of reviewing for conformance to the regulations of the Township and for impacts upon Township roads and safety services.  The Zoning Inspector shall request timely written reports from such officials as necessary to provide information needed by the Board of Zoning Appeals in review of the application.

 

703.05         Notice and Hearing
 

The Board of Zoning Appeals shall hold a public hearing on each application for a conditional zoning certificate.  The Board shall hear and consider the comments and evidence presented by interested parties relevant to the standards and requirements set forth in this Resolution and other information as applicable to the proposed conditional use.

 

Written notice of the hearing shall be mailed to the owner of the property for which the conditional use is proposed.  Notice shall be published in a newspaper of general circulation in the Township not less than ten (10) days prior to the hearing.

 

703.06         Action by the Board of Zoning Appeals
 
The Board may request additional information it deems necessary to review the application for conformance with the standards and requirements applicable to the proposed conditional use.

 

The Board shall act as soon as is practicable upon the application for conditional zoning certificate, but shall act no later than thirty (30) days after the date of the public hearing.

 

The Board shall, after review of the application and any additional information presented, take action to either:

 

(a)     approve a conditional zoning certificate, based upon findings of compliance with all of the standards and requirements of this Resolution and subject to conditions required by the Board;  or
 

(b)     deny a conditional zoning certificate, stating the reasons for denial, which may include a statement that the application is deficient in information or in need of modification or that the application or proposed use are otherwise not in compliance with the requirements of this Resolution.  If, after review of the application, the Board finds that the application does not meet the standards and requirements of this Resolution, the Board shall deny the conditional zoning certificate.

 

In approving a conditional zoning certificate, the Board shall have the authority to impose such conditions as it deems necessary to protect the public welfare, preserve the purpose and intent of this Resolution, to protect the character of the surrounding properties and neighborhood effected by the proposed conditional use, and to mitigate the special characteristics of the use.  Such conditions may include, but shall not be limited to:
 

(a)     Location of setbacks

(b)     Screening and buffers

(c)     Access and traffic, including pedestrian accessibility

(d)    Noise control measures

(e)     Other features of construction, including but not limited to paving and parking, signs, and landscaping

(f)     Hours and method of operation

(g)     Maintenance of the site, structures, and landscaping

(h)     Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water

(i)      Time limit for operation of the conditional use, if temporary operation is determined to be a typical characteristic of the proposed use or otherwise appropriate, given the unique circumstances of the proposed use


(PLEASE REFER TO Fairfield Township Zoning Resolution for 703.07 Re: Revocation or Transfer of Conditional Use)

                                

703.08         Standards and Requirements for All Conditional Uses
 
In review of a conditional zoning certificate application, the Board shall consider whether there is adequate evidence that the proposed conditional use is consistent with the following standards:
 

(a)     The proposed conditional use shall be in harmony with the existing or intended character of the neighborhood and shall not change the essential character of the neighborhood.

(b)     The proposed conditional use shall not adversely affect the use of adjacent property.

(c)     The proposed conditional use shall not adversely affect the health, safety, or welfare of persons residing or working in the neighborhood. 

(d)    The proposed conditional use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, or schools.

(e)     The proposed conditional use shall be in accord with the general and specific objectives, and the purpose and intent of this Resolution and with any adopted plans of the Township and any other resolutions of the Township.

(f)     The proposed use shall be found to be consistent with a use specifically stated as a conditional use in the district in which it is proposed to be located.

(g)     All parking and drive areas shall be designed and maintained in a manner which promotes adequate access for fire and police service.

(h)     Any loudspeakers, horns, or other noise-making devices shall be identified in the application and shall be so located and controlled in volume and hours of   operation, to prevent objectionable impacts on residential properties.

(i)      Lighting shall be designed to prevent glare onto residential properties and public right-of-ways.

 

 

703.09         Supplementary Requirements for Conditional Uses
 
In addition to the other requirements of this chapter, the following conditional uses shall meet the following additional requirements.  The Board may vary any of these requirements it determines to be an unnecessary hardship on the property owner and in the best interest of the Township:
 
(a)     Home Occupation.  The following regulations, in addition to those stated in Section 703.08, shall apply to a conditional use permit for a home occupation:
(1)     The home occupation shall be conducted wholly within a dwelling and shall not occupy an area greater than one-half of the floor area of the first floor of the dwelling.  No use of any accessory building shall be permitted for a home occupation.
(2)     The home occupation use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.
(3)     The home occupation shall be conducted only by persons residing in the dwelling unit.

(4)     The home occupation shall not create a nuisance or other impacts which differ from those normally associated with residential use of a property.