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 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.]
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 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.
All appeals from decisions rendered under this
article shall be taken to the Court of Common Pleas.