Conditional uses are those uses which are generally
compatible with the uses permitted in a zoning district, but require
individual review of their location, design and intensity in order
to ensure their appropriateness on any particular parcel of land and
the compatibility of the use with adjacent uses. Conditional uses
as specified in Table 1[1] may be allowed or denied by the Council after recommendations
by the Planning Commission in accordance with the following criteria
and provisions, and pursuant to public notice and hearing. [Note:
The procedure and time limits set forth in this article are to be
considered supplemental to those provided in the Municipalities Planning
Code (PMPC), latest edition; in the event of a conflict the PMPC shall
take precedence.]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
Applications for conditional uses shall be filed
with the Zoning Officer by any landowner or any tenant with the permission
of such landowner, and shall be accompanied by:
A.
An application fee in an amount equal to that set
by resolution of the Council.
B.
Ten copies of a site plan complying with requirements of §§ 200-8 through 200-11 of Chapter 200, Subdivision and Land Development, or its successor, and letter of application along with supporting data which shows the size, location, and topography of the site, the use of adjacent land, the proposed site, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas driveways, storage areas and accessory structures, the location of all utilities, the provisions for parking, moving or loading of vehicles; and the timing of construction proposed.
[Amended 10-13-2003 by Ord. No. 386]
The Zoning Officer shall determine that the
application is complete. If the Zoning Officer determines that the
application is not complete, he shall notify the applicant by letter
of any deficiencies and shall take no further steps to process the
application until the applicant remedies the deficiencies.
A.
The Zoning Officer shall forward copies of the complete
application to the Planning Commission for review.
B.
The Planning Commission shall forward its recommendation
to Council within 60 days after acceptance of the complete application
for review unless the applicant agrees in writing to a time extension.
Failure to act within the allotted time shall be deemed to be no recommendation.
A.
The Council shall act in accordance with the PMPC,
Section 913.2,[1] or the latest version thereof, for reviewing conditional
use applications. [Note: The procedure and time limits set forth in
this section are to be considered supplemental to those provided in
the Pennsylvania Municipalities Planning Code (PMPC), latest edition.
In the event of a conflict the PMPC shall take precedence.]
[1]
Editor's Note: See 53 P.S. § 10913.2.
B.
Any applying landowner shall have the burden of proof
to show compliance with the general criteria applicable to conditional
uses.
C.
The Council may attach such reasonable conditions
and safeguards, other than those related to off-site transportation
or road improvements, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of the MPC and
this chapter.
A conditional use shall be approved only if
it is found to meet the following criteria:
A.
The proposed use shall conform to the district and
conditional use provisions and all other regulations of this chapter.
B.
The proposed use shall meet all special standards
which may be applied to its class of conditional uses set forth in
this article.
C.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 225-22.
D.
The proposed use shall be sited, oriented and landscaped
so that the relationship of its buildings and grounds to adjacent
buildings and properties does not impair health, safety or comfort
and does not adversely affect values of adjacent property.
E.
The proposed use shall produce a total environmental
effect which is consistent with, and not harmful to, the environment
of the neighborhood.
F.
The proposed use shall organize vehicular access and
parking to minimize conflicting traffic movement on adjacent streets.
G.
The proposed use shall promote the objectives of this
chapter and shall be consistent with the Borough Comprehensive Plan.
A.
A conditional use approval shall lapse and become
null and void if the applicant or a successor-in-interest has failed
to file an application for a building permit, or for an occupancy
permit if no building permit is required, within one year after the
date of approval of the conditional use. The Borough Council may grant
an extension of this time limit for up to one additional year, in
its discretion, upon receiving a written request from the applicant
at least 30 days before the expiration of the original time limit.
B.
If at any time after a conditional use is approved
the applicant is found to be in violation of any of the conditions
to the approval, the standards of this section, or other standards
or requirements of this chapter, the recipient of the conditional
use approval shall be subject to revocation of the conditional use
approval.
All appeals from decisions rendered under this
article shall be taken to the Court of Common Pleas.
A.
Statement of intent. It is our desire to enable groups
of individuals (elderly, etc.) to live together as a "family unit"
in a setting that is consistent with the character of existing single-family
neighborhoods in the Borough.
[Amended 9-10-2007 by Ord. No. 412]
B.
Definition: a residence being inhabited by a group
of persons, determined by house size constituting a family, with a
sense of permanency, sharing common facilities for eating, care and
leisure activities, as to which living expenses are shared by the
inhabitants and which is neither operated for profit or otherwise
as a commercial enterprise nor as a penal or detention facility or
as an alternative to same. For the purpose of this section, “small
community residential facilities” shall not be deemed to include,
for example but not limited to, rooming houses or boardinghouses,
fraternities, sororities, clubs, monasteries or convents, hotels or
nursing homes.
C.
Small community residential facilities shall be permitted
in all zoning districts only as a conditional use upon proper application
and approval by the Borough Council pursuant to this article.
D.
Location/conditions.
(1)
Only one small community residential facility will
be permitted within a radius of 2,500 feet of any existing facility
or comparable facility however located.
(2)
Small community residential facilities shall be residential
in use for all purposes. This provision shall be satisfied by constructing
the subject dwelling unit to be compatible with the surrounding neighborhood
as it relates to the following: roof style; garage orientation and
access; building mass; floor area; front porches; exterior building
materials; pattern of window and door openings; signage and one front
entrance.
[Amended 9-10-2007 by Ord. No. 412]
(3)
Minimum lot area, setbacks, and yard sizes, maximum
height of building, and minimum square footage requirements shall
be the same as for other residences in the area. Small community residential
facilities are subject to the same building and housing ordinances,
codes and regulations as similar residences in the area.
(4)
There shall be 1/2 of an off-street parking space
for each nonstaff resident and one off-street parking space for each
staff resident. A minimum of two spaces shall be paved with a site
space allowance for additional spaces as required by residential use.
(5)
Approval shall not be granted unless plans prepared
by an architect or engineer are submitted which clearly indicate that
adequate light, ventilation, and fireproofing are provided, and that
the dwelling facility and its accommodations shall be functional and
convenient with regard to the specific needs of the group to be housed.
Approval can only be granted after Council has found that plans and
programs for management of the residence are adequate and appropriate
to the population to be housed and that adequate provisions have been
made to assure the safety and welfare of those residents and of the
adjacent neighborhood.
