MapLink™ | Procedures | Conditional Use Approval Application Procedures

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Conditional Use Approval Application Procedures
1. Application procedures for conditional use approval.
In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this article, the following shall apply in addition to the requirements of § 208-117: Conditional uses of this chapter. Where the requirements of this section expressly conflict with any requirement of § 208-117: Conditional uses, the requirements of this section shall be followed.
A. Applicant shall submit the appropriate application, including the following information:
(1) Name and address of the record owner and applicant (if different).
(2) Site plan showing all buildings and structures on the property.
(3) Recent photographs of the historic resource.
(4) A detailed narrative description of the proposed use(s).
(5) Any physical changes proposed for the affected historic resource(s) and the surrounding landscape.
B. The application shall be accompanied by a historic resource impact study where any land development or subdivision is proposed on a property that contains any historic resource(s).
C. The Zoning Officer shall forward the complete application to the Historical Commission.
The Historical Commission, at a public meeting, shall review the application for conditional use and shall forward its recommendations to the Board of Supervisors within 60 days from the date the application was filed. In formulating its recommendations, the Historical Commission shall consider each of the criteria imposed by this section for the grant of conditional use approval. If the Historical Commission fails to act within 60 days, the application shall be deemed to be not recommended by the Historical Commission.
D. Any conditional use granted under this subsection shall be subject to the expiration requirements of § 208-117F, Expiration of conditional use.
E. Criteria for the grant of conditional use approval.
Where a use is permitted in a Historical Resource Overlay District by conditional use, that use shall not be granted unless the following requirements have been satisfied, in addition to those set forth at § 208-150: Standards for review of proposed special exception or variance:
(1) The applicant shall have the burden of demonstrating that approval of the application will not jeopardize the preservation of historic resource(s) contained on the property subject to application. To sustain this burden the applicant shall present evidence demonstrating the following:
(a) Exact location of the area in which the work is to be done.
(b) The exterior changes to be made or the exterior character of the structure to be erected.
(c) A list of surrounding structures with their general exterior characteristics.
(d) The effect of the proposed change upon the general historic and architectural nature of the property.
(e) The appropriateness of exterior architectural features of structures involved with the proposed work.
(f) The general design, arrangement, texture, material, scale, mass and color of any affected building, structure, or site and the relation of such factors to similar features of other structures on the property.
(g) That rehabilitation work will not destroy the distinguishing qualities or character of the historic resource and its environment.
(h) Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.
(2) The most current version of the Secretary of the Interior's Standards for Rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the rehabilitation, alteration, or enlargement of historic resource(s).
(3) Where plans involving the rehabilitation, alteration, or enlargement of the historic resource(s) will result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety, in a manner not jeopardizing historical integrity, as per the most current construction techniques for historic structures.
(4) A means to guarantee the protection of the historical integrity of the subject resource(s), such as the establishment of conservation easement(s) or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.
(5) The applicant shall have the burden of proving that the historical integrity of the historic resource has been provided for through the design of the building improvements as well as through implementation of buffering, landscaping, lighting, storage, access and traffic management, interior circulation, loading, parking, fencing, signage, and all other land development features.
(6) The applicant shall have the burden of proving that the grant of the application will not be destructive of the integrity of the historic resource or detrimentally affect the value of surrounding properties.
(7) The applicant must comply with the parking requirements for the proposed use as set forth in this article. The Board of Supervisors may prohibit any additional parking between the right-of-way and the facade of the building if the Board of Supervisors finds such parking would negatively impact the historical integrity of the resource.
(8) The applicant must comply with the requirements of this chapter with respect to signage. The Board of Supervisors may condition approval on a reduction in the size of the signage if it finds that the permitted signage will obstruct views required to assure the safety of the public or to retain the historic nature of the property.
(9) The Board of Supervisors may attach conditions to achieve the objectives set forth in this section and to promote the public health, safety, and welfare, which conditions may relate to any aspect of the proposed use of the property, including but not limited to buffering, parking, signage, traffic volume and flow, hours of operation, noise, and odor emissions.
(10) Where the Board of Supervisors waives any requirement which thereby increases the rate or volume of stormwater generated on the property, the additional rate and/or volume of runoff caused by such waiver shall be controlled for the one-hundred-year storm.