Applications for conditional uses, when listed as permissible by the Table of Permitted Uses (§
27-304), or uses by special exception shall be approved or denied by Borough Council or the Zoning Hearing Board, as the case may be, in accordance with the standards and criteria of this Part, the zoning district regulations and other applicable provisions of this chapter.
Approval of a conditional use or use by special
exception. The Borough Council or Zoning Hearing Board shall approve
any proposed conditional use or use by special exception if it finds
there is adequate evidence that the proposed use will:
1. Meet any specific standards for the proposed use listed in §§
27-502 and
27-503.
2. Meet other applicable
sections of this Zoning Chapter.
3. Be in general conformance with the requirements of Chapter
22, Subdivision and Land Development, as applicable. Actual approval under the Subdivision and Land Development Ordinance may occur separately from the conditional use approval if the applicant requests.
4. Meet all of
the following standards:
A. Other laws.
Will not clearly be in conflict with other Borough ordinances or state
or federal laws or regulations known to the Borough.
B. Traffic. Will
not result in or significantly add to a traffic hazard or significant
traffic congestion.
C. Safety. The
applicant shall show that the use will not create a significant public
safety hazard, including fire, toxic or explosive hazards.
D. Stormwater management. Will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater shall not be a criteria of a decision under this Zoning Chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management by the Borough Council under Chapter
22, Subdivision and Land Development.
E. Neighborhood.
Will not significantly negatively affect the desirable character of
an existing or approved residential neighborhood, such as causing
heavy truck traffic through a residential neighborhood, or a significant
odor or noise nuisance or very late night or early morning hours of
operation.
F. Site planning.
Will involve adequate site design methods, including plant screening
and setbacks as needed to avoid significant negative impacts on adjacent
uses.
G. Performance standards. Will not have a serious threat of inability to comply with the performance standards of this Zoning Chapter, as stated in Part
7.
(1) In addition,
an applicant for a special exception use must provide written indication
that the proposed use conforms to the standards enumerated below.
5. The proposed
use must be consistent with the goals and objectives of the Borough's
Comprehensive Plan and Zoning Chapter.
6. The proposed
use must be similar to, or compatible with, permitted uses in the
district in which the proposed use will be located. It must not substantially
injure or detract from the use or character of neighboring properties.
7. The proposed
use will not require an extension or upgrade of public utilities (water,
sewerage, gas, electric, etc.). Utility companies must provide written
assurances that they have, or will provide, sufficient capacities
and/or facilities to serve the proposed use.
8. The proposed
use will not have a negative impact on, or require expansion of, public
safety and emergency response services.