Conditional uses as specified in Article II may be allowed or denied by the governing body after recommendations by the Planning Commission in accordance with the criteria and provisions.
Applications for conditional uses will be filed
with the Zoning Officer and shall be accompanied by:
A.
An application fee in an amount equal to that set
by resolution of the governing body.
B.
Five copies of a site plan and supporting data which
shows the size, location, and topography of the site, the use of the
adjacent land, the proposed size, bulk, use and location of buildings;
the location and proposed function of all yards, open spaces, parking
areas, driveways, storage areas and accessory structures; the location
of all utilities, the provisions for parking, moving or loading of
vehicles, and the timing of construction proposed.
The Zoning Officer shall forward copies of the
application to the governing body and to the Planning Commission for
review and approval.
A.
The Planning Commission shall forward its recommendation
within 45 days unless the petitioner agrees in writing to a time extension,
and failure to act within the allotted time shall be deemed to be
a favorable recommendation.
B.
The governing body may attach such conditions as it
deems necessary to the approval of any conditional use. The approved
site plan and all attached conditions shall be recorded by the petitioner
within 30 days of final approval. All development, construction and
use shall be in accordance with the approved plan, unless a revised
plan is submitted and approved.
A conditional use shall be approved if and only
if it is found to meet the following criteria:
A.
The proposed use conforms to the district and conditional
use provisions and all general regulations of this chapter.
B.
The proposed use meets all special standards which
may apply to its class of conditional uses as set forth in this article.
C.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 310-32.
D.
The proposed use shall be sited, oriented and landscaped
to produce a harmonious relationship of buildings and grounds to adjacent
buildings and properties.
E.
The proposed use shall produce a total visual impression
and environment which is consistent with the environment of the neighborhood.
F.
The proposed use shall organize vehicular access and
parking to minimize traffic congestion in the neighborhood.
G.
The proposed use shall preserve the objectives of
this chapter and shall be consistent with the Comprehensive Plan.
All conditional uses shall comply with the requirements
of this section. In order to determine whether a proposed use will
conform to the requirements of this chapter, the governing body may
obtain a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
A.
Fire protection. Fire-prevention and -fighting equipment
acceptable to the Board of Fire Underwriters shall be readily available
when any activity involving the handling or storage of flammable or
explosive materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable
because of volume, frequency, or beat shall be muffled or otherwise
controlled, except fire sirens and related apparatus used solely for
public purposes shall be exempt from this requirement.
D.
Vibrations. Vibrations detectable without instruments
on neighboring property in any district shall be prohibited.
E.
Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining lot or property.
F.
Air pollution. No pollution of air by flyash, dust,
smoke, vapors, or other substance shall be permitted which is harmful
to health, animals, vegetation, or other property.
G.
Glare. Lighting devices which produce objectionable
direct or reflected glare on adjoining properties or thoroughfares
shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
The Pennsylvania Department of Environmental Protection, acting through
the Allegheny County Soil Conservation Service, should be referred
to for specific standards.
I.
Water pollution. Water pollution shall be subject
to the standards established by the State Sanitary Water Board.
Mobile home parks shall be permitted only if in accordance with all state and county laws and all other terms and conditions of Chapter 189, Mobile Home Parks, being Ordinance No. 552, enacted the 12th day of June 1972, as amended, which ordinance is incorporated herein by reference.
