A Zoning Hearing Board, consisting of three members appointed
by Borough Council for overlapping terms of three years each, is established
for the purpose of carrying out the functions of a zoning hearing
board, as provided by law. Members of the Board shall be residents
of the Borough and shall hold no other office in the Borough.
The Board shall elect a Chairman from its membership and, within
the limits of funds appropriated by the Borough Council, the Board
may employ or contract for secretaries, clerks, legal counsel, consultants
and other technical and clerical services.
[Added 4-7-2008 by Ord. No. 2008-2]
A. Where the Council in this chapter has stated conditional uses to
be granted or denied by Council pursuant to express standards and
criteria, the Council shall hold hearings on and decide requests for
such conditional uses in accordance with such standards and criteria.
In granting a conditional use, Council may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter and the Pennsylvania Municipalities Planning Code.
B. General requirements and standards applicable to all conditional
uses. Council shall grant a conditional use only if it finds adequate
evidence that any proposed use submitted for a conditional use will
meet all of the following general requirements as well as any specific
requirements and standards listed for the proposed use. The Council
shall, among other things, require that any proposed use and location
be:
(1) In accordance with the Penndel Borough Comprehensive Plan and consistent
with the spirit, intent and purposes of this chapter.
(2) In the best interests of the Borough, the convenience of the community,
and the public welfare.
(3) Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance with the existing or intended character of the general
vicinity.
(4) In conformance with all applicable requirements of this chapter.
C. Applications for a conditional use.
(1) Applications for conditional uses shall include a zoning permit application
with all information required herein and a statement with any supporting
evidence regarding the merits of the proposed use at the proposed
location and how the proposal complies with the general and specific
requirements of this chapter.
(2) Subsequent to the granting of a conditional use, applicant must obtain
a zoning permit within 30 days. If application is not made within
this time period, such conditional use shall be considered null and
void. The Council may impose whatever conditions regarding layout,
circulation and performance it deems necessary to ensure that any
proposed development will secure substantially the objectives of this
chapter.