The requirements of this article shall apply to all conditional
uses or uses by special exception in all zoning districts as authorized
in Article 3 of this chapter.
A.
Approval of conditional use. Borough Council shall hear and decide
requests for conditional uses; however, Borough Council shall not
approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted
to the Zoning Officer no less than 10 working days prior to the regular
meeting of the Planning Commission. The application shall indicate
the section of this chapter under which conditional use approval is
sought and shall state the grounds upon which it is requested. The
application shall include the following:
(a)
A preliminary land development plan, if required by Chapter 151, Subdivision and Land Development, or, if a land development plan is not required, a current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article and § 170-603, if applicable, for the proposed use.
(d)
The application fee as set forth by Borough Council in the schedule
of fees.
(2)
A written recommendation is received from the Borough Planning
Commission or 45 days has passed from the date of the Planning Commission
meeting at which the application is first considered as complete and
properly filed for approval.
(3)
A public hearing is conducted by Borough Council pursuant to
public notice and said hearing is scheduled no more than 60 days following
the date of submission of a complete and properly filed application.
Written notice of the hearing shall be posted on the affected tract
of land at least one week prior to the hearing.
(4)
Borough Council shall render a written decision within 45 days
after the last public hearing. Where the application is contested
or denied, the decision shall be accompanied by findings of fact and
conclusions based thereon. Conclusions based on any provision of this
chapter or any other applicable rule or regulation shall contain a
reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(5)
In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 170-1104 of this chapter.
B.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notice to the applicant
if no application for a grading permit, a building permit or an occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval, unless Borough Council, in its sole discretion,
extends conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
C.
Approval of uses by special exception. The Zoning Hearing Board shall
hear and decide requests for uses by special exception. The Zoning
Hearing Board shall not approve an application for a use by special
exception unless and until:
(1)
A written application for approval of a use by special exception
is submitted to the Zoning Officer. The application shall indicate
the section of this chapter under which approval of the use by special
exception is sought and shall state the grounds upon which it is requested.
The application shall include the following:
(a)
A current property survey indicating all existing and proposed
structures and all proposed construction, additions or alterations
on the site in sufficient detail to determine the feasibility of the
proposed development and compliance with all applicable requirements
of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article and § 170-603, if applicable, for the proposed use.
(c)
The application fee as set forth by Borough Council in the schedule
of fees.
(2)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Written notice of the hearing shall be posted on the affected tract of land at least one week prior to the hearing. Said hearing shall be conducted in accordance with the procedures specified by § 170-1208 of this chapter.
(3)
In proceedings involving a request for a use by special exception,
both the duty of initially presenting evidence and the burden of persuading
the Zoning Hearing Board that the proposed use is available by special
exception and satisfies the specific or objective requirements for
the grant of a use by special exception as set forth in this chapter
rest upon the applicant. The burden of persuading the Zoning Hearing
Board that the proposed use will not offend general public interest
such as the health, safety and welfare of the neighborhood rests upon
the applicant.
(4)
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 170-1104 of this chapter.
(5)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 151, Subdivision and Land Development, shall be submitted to the Borough Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
D.
Expiration of approval of a use by special exception. Approval of
a use by special exception shall expire automatically without written
notice to the applicant if no application for a land development plan,
a grading permit, a building permit or an occupancy permit to undertake
the construction or authorize the occupancy described in the application
for approval of the use by special exception is submitted within 12
months of said approval, unless the Zoning Hearing Board, in its sole
discretion, extends approval of the use by special exception upon
written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
A.
All applications for conditional uses and uses by special exception
listed in each zoning district shall demonstrate compliance with all
of the following general standards and criteria:
(1)
The use shall not endanger the public health, safety or welfare
nor deteriorate the environment, as a result of being located on the
property where it is proposed.
(4)
Ingress, egress and traffic circulation on the property shall
be designed to ensure safety and access by emergency vehicles and
to minimize congestion and the impact on local streets.
(5)
Outdoor lighting, if proposed, shall be designed with cutoff
luminaires that direct and cut off the light at a cutoff angle of
60° or less. (See illustration in Appendix B.)[1] Illumination shall not exceed 0.2 footcandle at the property
line.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
The following standards apply to accessory uses to conditional uses
or special exceptions, with the exception of fences and signs:
(1)
Any accessory use or structure which is not approved as part of the application for conditional approval of the principal structure or use shall require submission of a conditional use application in accordance with the requirements of § 170-702A of this chapter.
(2)
All parking and loading areas or expansion or redesign of parking and loading areas shall be subject to the requirements of Article 8 of this chapter.
(4)
No temporary structures shall be permitted unless all applicable
criteria of § 170-603(OO) are met.
(5)
All vents, fans, and mechanical or electrical equipment shall
be baffled to reduce noise impacts on adjoining properties.
(6)
Accessory uses that are not otherwise required to be fenced or screened shall be landscaped by Buffer Area "C", as defined by § 170-503A(3), to screen the use from public view from streets or adjoining properties.
(7)
Borough Council shall determine whether the proposed accessory
use or structure is customarily incidental and subordinate to the
principal use of the property.
(8)
In approving the accessory use or structure, Borough Council
shall consider whether any conditions are warranted to be attached
to the approval to protect the public health, safety and welfare.
