SeSection 19-500 DECISIONS AND CONDITIONS

Section 19-501 After the public hearing the Planning Commission may deny, approve, or approve with conditions the application for Special Approval.

Section 19-502 The Planning Commission is authorized to grant Special Approval on petition of the property owner or his agent, after due consideration of any or all of the following standards:

1. Will the use, location, size of use, and the nature and intensity of operations disrupt the orderly and proper development of the District as a whole, or be in conflict with, or discourage the principal permitted uses of adjacent or neighboring lands and buildings?

2. Will the use diminish the value of land, buildings. or structures in the neighborhood. or increase hazards from fire-or other dangers to either the property or adjacent properties?

3. Will the use increase traffic hazards or cause congestion on the public highways and streets of the area? Is adequate access furnished by existing or proposed roads? Are parking areas provided which service all users of the property or facility? (See Article 3)

4. Will the Special Approval be more objectionable to nearby properties by reason of traffic, noise, vibrations, dust, fumes, smoke, glare, flashing lights or disposal of waste than the operation of any primary permitted use?

5. In Residential Districts ("R-l" and "R-2") and Agricultural Districts ("A"), will the use generate frequent pedestrian or vehicle movements. Is there a provision for an open space and/or a green belt between that activity and the nearest existing residential use to assure isolation from noise, fumes, flashing lights and other disturbing elements? (See Article 3)

6. Will the use impair the purpose and intent of this Ordinance?

Section 19-503 Any application approved by the Planning Commission, either as submitted or resubmitted in modified form or subject to conditions as set forth by the Planning Commission, shall constitute a binding agreement by the applicant that the approved use shall be made, completed and operated as shown in the application subject to any conditions set forth by the Planning Commission.

Section 19-504 Failure to complete the permitted activity in conformance to the approved application and conditions or to undertake the activity within one (1) year shall cause the loss of the Special Approval.

Section 19-505 The Planning Commission's decision of approval or disapproval of an application shall be
a final decision and shall not be appealable to the Board of Appeals.

Section 19-506 The Planning Commission may condition the approval of an application for Special Approval and require:

1. Green belts that the Planning Commission deems necessary to protect the adjoining properties.

2. Setbacks from the right-of-way that the Planning Commission deems necessary for the protection of the public health, safety and general welfare.

3. Yards and open spaces that the Planning Commission deems necessary under the circumstances of the particular case to protect the health, safety and general welfare of the public.

4. Areas for parking motor vehicles on private property of the applicant which does not exceed a ratio of three (3) square feet of parking area for each square foot of building area devoted to the specified unique use. (See Article 3)

5. The location and size of signs as determined by standards set forth in the general provisions of this Ordinance.

6. Paved or blacktopped streets be provided.

7. All utilities be underground.

8. Adequate lighting be provided.

9. Premises be connected to public sewer and water supply as each becomes available.

10. Fences and/or other requirements it deems necessary and proper to prevent debris from littering the premises involved and/or neighboring property.
11. Traffic control devices, including acceleration and deceleration lanes as deemed advisable to protect the health, safety and general welfare of the public.

12. Other conditions as necessary to insure:

a. Consistency with and promote the intent and purpose of this Ordinance;

b. That the special use authorized will be compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities effected by the use; and,

c. Consistency with the public health, safety and welfare of the township.