The Borough Council shall have the power to approve a conditional use when this chapter specifically requires the obtaining of such approval and for no other purpose. Only uses that are specifically identified as conditional uses in Articles
V and
VIII elsewhere of this chapter will be eligible for conditional use approval.
The Board shall comply with all requirements
of the Pennsylvania Municipalities Planning Code for zoning hearing
boards.
A conditional use shall expire if the applicant
fails to obtain a zoning permit within one year of the date of the
granting of the conditional use; provided, however, that:
A. If the subject matter of the conditional use requires
either a subdivision or land development, the conditional use shall
expire if the applicant fails to file the required subdivision or
land development plan within one year of the granting of the conditional
use. The applicant shall have six months after the final plans of
the subdivision or land development are approved and recorded to obtain
a zoning permit; and
B. The Borough Council may grant one extension of time
for a period not to exceed one year if the landowner or his agent
requests such an extension, and if good cause for the extension is
shown.
C. A conditional
use shall expire if such use, previously approved by Council in accordance
with the applicable provisions of this chapter, and for which a final
use and occupancy permit has been issued, shall cease to operate for
period of at least one year. In such case, the use previously approved
by conditional use shall not be reestablished without compliance with
the provisions of this article and all other applicable provisions
of this chapter.
[Added 6-15-2010 by Ord. No. 2010-03]