The Borough Council shall have the power to approve conditional
uses when this chapter specifically requires the obtaining of such
approval and for no other use or purpose.
A.
Application procedure.
(1)
An administratively complete application for conditional use
approval shall be filed with the Zoning Officer, on forms prescribed
by the Borough, at least 20 days prior to the date of the regular
meeting of the Planning Commission. A conditional use application
shall not be considered to be administratively complete until all
items required by this chapter, including the application fee and/or
deposit, have been received by the Borough.
(2)
The Zoning Officer shall review the application to determine
whether all materials required by this chapter have been submitted
by the applicant. If all such materials have not been submitted by
the applicant, then the Zoning Officer shall reject the application
as administratively incomplete and shall notify the applicant, in
writing, citing the specific deficiencies and the specific requirements
of this chapter that have not been met.
(3)
Within five days of receipt of an administratively complete
application, the Zoning Officer shall submit one copy of the application
and any materials submitted therewith to the Borough Solicitor, the
Borough Engineer, any Borough professional consultant deemed necessary
by the Borough Manager, and the county planning agency or its designee.
(4)
The Zoning Officer shall submit one copy of an administratively
complete application and any materials submitted therewith to each
member of the Borough Planning Commission by no later than the Friday
prior to the date of the regular meeting of the Planning Commission.
(5)
The Planning Commission shall review the application and forward
its recommendation to the Borough Council.
(6)
The Borough Council shall hold a public hearing, pursuant to
public notice, within the time periods and procedures required by
the MPC.[1] The public hearing shall commence within 60 days of the
date of the filing of an administratively complete application. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
The Borough Council shall render a written decision on the conditional
use application within 45 days of the last hearing. Where the application
is contested or denied, the Borough Council decision shall be accompanied
by findings of fact and conclusions based thereon, together with any
reasons therefor. Conclusions based on any provisions of this chapter
or any other rule, regulation, ordinance or statute shall contain
a reference to the provision relied upon and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(8)
In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, Chapter 184, Subdivision and Land Development, the Franklin Park Borough Code of Ordinances, as amended, and all other ordinances of the Borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
(9)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following its date.
(10)
All development, construction and use shall be
in accordance with the approved conditional use decision and plan,
unless a revised conditional use application is submitted, approved
and filed. The approved conditional use plan shall consist of the
application, as submitted, together with all of its attachments and
exhibits, as finally approved by the Borough Council, and the conditions
attached by the Borough Council. Any development contrary to the approved
conditional use decision and plan shall constitute a violation of
this chapter.
B.
Application content.
(1)
All applicants for conditional use approval shall demonstrate compliance with the general standards and criteria of this article; the applicable express standards and criteria of Article 1900, as applicable; the applicable performance standards of Article 1300, as applicable; the applicable performance standards and other requirements of Article 1400, as applicable; and the applicable lot and yard requirements of the zoning district (and overlay district, if applicable), in which the use is proposed.
[Amended 9-18-2019 by Ord. No. 648-2018]
(2)
All applications for conditional use approval shall be submitted
to the Zoning Officer in the form prescribed. The number of copies
of each of the following items shall be prescribed by the Zoning Officer:
(3)
An application for conditional use approval shall not be considered
administratively complete until all items required by this chapter,
including the application fee and and/or deposit, have been received
by the Zoning Officer.
(4)
All applications for conditional use approval shall contain
the following:
(a)
A development plan, as defined by this chapter;
(b)
A legal document verifying applicant's legal interest
in the subject property (i.e., deed, sales agreement, lease);
(c)
The application fee and/or deposit in an amount
set from time to time by resolution of the Borough Council; and
(d)
Construction plans, where renovations or modifications
of an existing building is immediately contemplated, showing the scope,
nature and extent of said renovation or modification.
C.
Expiration of approval. The grant of a conditional use shall
expire two years after the date of the Borough Council's written decision
unless: 1) the applicant has applied for and obtained a building permit
and commenced construction; or 2) in a case where the conditional
use does not require the issuance of a building permit, the applicant
has applied for and obtained an occupancy permit and has commenced
the use which is the subject of the conditional use approval. Expiration
of the conditional use approval under this article shall require the
applicant to reapply for conditional use approval.
A.
Before approving a conditional use application, the Borough Council shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in Article 1900 for a specific type of use or development:
(1)
The proposed use will not alter the established character and
use of the neighborhood or district in which it is located and will
not substantially impair the use or development of adjacent properties.
(2)
The establishment, maintenance, location and operation of the
proposed use will not be detrimental to or endanger the public health,
safety, morals, comfort or general welfare.
(3)
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county an Borough laws, statutes, ordinances and regulations, including but not limited to Chapter 184, Subdivision and Land Development; Chapter 178, Stormwater Management; and the Franklin Park Borough Code of Ordinances, as amended.
(4)
The proposed use is compatible with surrounding land uses. It
does not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare,
restrictions to natural light and air circulation or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
(5)
The proposed site of the conditional use is suitable in terms
of topography, soil conditions and size, based on number of projected
users and the frequency of use of the proposed use.
(6)
The proposed use and site provides for safe, adequate vehicular
and pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe and efficient internal circulation and sufficient
off-street parking and loading.
(7)
The proposed use complies with all applicable standards and
requirements for providing sanitary sewage disposal, water supply,
stormwater management, solid and toxic waste storage and disposal.
(8)
The proposed use provides landscaping, screening and buffer
areas sufficient to protect the use, enjoyment and development of
adjacent properties.
(9)
The proposed use is in general conformity with the Borough Comprehensive
Plan.
B.
The Borough Council shall grant a conditional use only if it
finds adequate evidence presented by the applicant that the proposed
conditional use is duly authorized under provisions of this chapter,
that the application falls within the terms of the specific provisions
allowing for conditional uses and that the proposed use complies with
all other requirements of this chapter. The Borough Council shall
refuse an application for conditional use where opponents to the application
establish that the application is contrary to the health, safety and
morals or general welfare of the community at large. The Borough Council,
in granting a conditional use, may attach such reasonable conditions
and safeguards other than those related to off-site transportation
or road improvement, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of this act and
this Zoning Ordinance, except that conditions of approval shall not
include those related to off-site transportation or road improvements
pursuant to Section 603(c)(2) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
C.
The Borough Council shall, among other things, require that
any proposed use and location be:
(1)
In accordance with the Franklin Park Borough Comprehensive Plan
and consistent with the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Borough, the convenience of the
community and the public welfare and be a substantial improvement
to the property in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter.
Similar uses to those set forth in the regulations for each
zoning classification shall be permitted as a conditional use following
review and comments by the Planning Commission and subject to provisions
for the required public hearings when authorized by Borough Council.
A.
Uses of the same general character as any of the uses authorized
as permitted uses or conditional uses in the zoning district shall
be permitted if Borough Council determines that the impact of the
proposed use on the environment and adjacent streets and properties
is equal to or less than any use specifically listed in that zoning
district. In making such determination, Borough Council shall consider
the following characteristics:
B.
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
C.
If the proposed use is most nearly comparable to a conditional
use, rather than the permitted use authorized in the zoning district,
the proposed use shall comply with the applicable standards and criteria
specified for that most nearly comparable conditional use in the zoning
district in which it is proposed.
D.
The proposed use shall be consistent with the purpose statement
of the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
