(A) The criteria for conditional uses and special exceptions are listed below. The Borough Council or the Zoning Hearing Board (as the case may be), in granting conditional uses and special exceptions, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use or a special exception, the Borough Council or the Zoning Hearing Board (as the case may be) may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.
(B) Applications for conditional uses and special exceptions shall be made to the Zoning Officer. Conditional uses shall be granted or denied by the Borough Council after the recommendation of the Borough Planning Commission. Special exceptions shall be granted or denied by the Zoning Hearing Board. Procedures for both shall follow those specified in this chapter and the Planning Code.
(C) This subchapter contains specific standards for conditional uses and special exceptions allowed in each zoning district. It shall be the responsibility of the applicant to illustrate compliance with these standards to the borough. In granting a conditional use or special exception, the Borough Council or Zoning Hearing Board may also add reasonable additional conditions and safeguards beyond the specific criteria for each conditional use or special exception. The purpose of such additional conditions and safeguards is to further mitigate negative impacts of a development upon specific sites, and make the conditional use more compatible with the surrounding zoning district. Such reasonable additional conditions and safeguards may include, but are not limited to:
(1) Establishment of screening and buffering, or an increase in screening and buffering normally required;
(2) Limitations upon hours of operation;
(3) Establishment of fencing for purposes of security, limiting vehicular access or control of windblown trash;
(4) Limits upon future subdivision of property to prevent the creation of a lot too small for the approved conditional use;
(5) Changes in the proposed location or design of access drives or parking areas to prevent traffic hazards, congestion or the impacts of increased traffic upon local access and residential streets; and
(6) Other conditions to ensure that the exterior appearance of a building or property is in harmony with surrounding development, including an agreement by the applicant to adhere to any design standards of the borough Subdivision and Land Development Ordinance (Chapter 156).
(D) The developer will be notified in writing of any such reasonable additional conditions and safeguards imposed by the applicable board as part of an approval.
(1980 Code, Ch. 28, Part 4, § 28-401) (Ord. 1419, passed 9-16-2013, § 401)