12.07.2015 Views

to download the ordinance - Upper Saucon Township

to download the ordinance - Upper Saucon Township

to download the ordinance - Upper Saucon Township

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

3. Regardless of <strong>the</strong> applicant’s ability <strong>to</strong> meet <strong>the</strong> criteria set forth in Subsection 2 above,any decision <strong>to</strong> amend <strong>the</strong> Zoning Map pursuant <strong>to</strong> this Section shall be fullydiscretionary with <strong>the</strong> Board of Supervisors.221.B. APPLICABILITY & PROCEDURES FOR APPLICATION1. To be considered eligible for designation within <strong>the</strong> Village Commercial OverlayZone, a parcel or parcels must:A. have frontage on an arterial road as listed in Section 320 of this Ordinanceadequate <strong>to</strong> support <strong>the</strong> proposed use;B. have access <strong>to</strong> and make use of public sewer as defined herein; and,C. have access <strong>to</strong> and make use of public water as defined herein.2. This Section 221 has different land use and design requirements from thosecontained in this, and o<strong>the</strong>r <strong>ordinance</strong>s of <strong>the</strong> <strong>Township</strong>. To <strong>the</strong> extent <strong>the</strong> regulationswithin this section differ (are more, or less restrictive) from o<strong>the</strong>rs, those within thisSection shall govern. The regulations within this Section 221 are not severable andmust be applied in <strong>to</strong>tal <strong>to</strong> any proposed development. Should any part of thisSection 221 be declared invalid by <strong>the</strong> courts, <strong>the</strong> entire Section 221 is deleted.However, all o<strong>the</strong>r provisions of this, and o<strong>the</strong>r <strong>ordinance</strong>s of <strong>the</strong> <strong>Township</strong> shallremain in full force.3. An applicant desiring <strong>to</strong> secure a Village Commercial Overlay designation for aparcel of land under this Section 221 shall comply with <strong>the</strong> amendment proceduresof Article 9, Section 904.E of this Ordinance, and consideration of any such petitionshall be governed by Section 904.A, and <strong>to</strong> <strong>the</strong> extent applicable, Section 904.B. ofthis Ordinance.4. In addition <strong>to</strong> <strong>the</strong> requirements of Section 904.E, an applicant who submits apetition under this Section 221 shall submit also a proposed amendment <strong>to</strong> <strong>the</strong>Official Zoning Map meeting <strong>the</strong> requirements of applicable law and a concept planfor <strong>the</strong> proposed development in sufficient detail so as <strong>to</strong> evidence an ability <strong>to</strong>comply with <strong>the</strong> requirements of this Section.5. The enactment of a proposed amendment <strong>the</strong> Official Zoning Map under this Section221 shall not constitute an approval of <strong>the</strong> concept plan or any aspect of <strong>the</strong> conceptplan, shall not constitute an agreement <strong>to</strong> amend <strong>the</strong> <strong>Township</strong>'s Act 537 OfficialSewer Plan or constitute an agreement <strong>to</strong> allocate public sewer capacity or <strong>to</strong> providepublic water. Enactment shall not vest any rights in <strong>the</strong> applicant o<strong>the</strong>r than thoseafforded by <strong>the</strong> map amendment itself221.C. USES PERMITTED BY RIGHT1. Amusement arcades, subject <strong>to</strong> <strong>the</strong> requirements of Section 405 of this Ordinance.2. Banks and similar financial uses with or without ATMs, provided that no drive-thrulane shall cross <strong>the</strong> street-side sidewalk.3. Bed and breakfasts and similar lodging facilities with a maximum of ten (10) guestunits subject <strong>to</strong> <strong>the</strong> requirements of Section 405 of this Ordinance.4. Bookbinding, printing, pho<strong>to</strong>copying and publishing operations.5. Caterers, bakers and confectioners for retail sales.6. Commercial day care facilities, subject <strong>to</strong> <strong>the</strong> requirements of Section 423 of thisOrdinance.Page 3

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!