A.
Purpose. The conditional use approval process is designed to allow
Borough Council the opportunity to review certain larger scale residential
development uses which will also come before Borough Council as part
of the subdivision and land development approval process.
B.
Procedure. Applications for conditional use approvals shall meet
all requirements in the sections of this chapter which authorize such
conditional use. Borough Council shall consider the conditional use
application and render its decision in accordance with the requirements
of the Municipalities Planning Code.
C.
Consideration of conditional use application. When a conditional use is provided for in this chapter, Borough Council shall hear and decide requests for such conditional uses in accordance with stated standards and criteria in the section of this chapter which authorizes such conditional use. Borough Council shall grant approval of a conditional use, provided that the applicant complies with the express standards and the same standards that are listed under § 400-58C, which are hereby included by reference. The burden of proof shall rest with the applicant.
D.
Conditions. Borough Council, in approving conditional use applications,
may attach conditions considered necessary to protect the general
health, safety, welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same district. These conditions shall be enforceable by the Zoning
Officer and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
