(A) Purpose. The conditional use approval process is designed to allow Borough Council the opportunity to review and render a decision upon certain activities and uses that could have a significant impact upon the borough.
(B) Procedure. Applications for conditional use approvals shall meet all requirements in this section 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, 53 P.S. §§ 10101 et seq.
(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 the applicable standards and criteria for the use and the following standards. Borough Council may grant approval of a conditional use provided that the applicant complies with all of the applicable standards and criteria. The burden of proof shall rest with the applicant.
(D) Conditions.
(1) Borough Council in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same district.
(2) 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.
(a) Compliance with this chapter. The applicant shall establish by credible evidence that the application will comply with all requirements upon the use that are established by this chapter. The applicant shall provide Borough Council with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(b) Compliance with other requirements. The application shall not clearly be in conflict with other borough ordinances or state or federal laws or regulations known to Borough Council. Borough Council may condition zoning approval upon future proof of compliance with another ordinance, law or regulation.
(c) Transportation. The applicant shall establish by credible evidence that the traffic generated by the subject of the application will be accommodated in a safe and efficient manner, after considering any improvements that the applicant commits to complete or fund. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard, significant traffic congestion or a significant pedestrian safety hazard.
(d) Neighborhood. The applicant shall establish by credible evidence that the proposed use will not significantly negatively impact upon the desirable character of an adjacent established residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance or very late night/early morning hours of operation, without proper safeguards.
(e) Site planning. The applicant shall establish by credible evidence that the proposed use will be properly designed with regard to internal circulation, driveway access, site layout, parking layout, buffering and all other elements of proper site design.
(6) Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(2006 Code, § 27-118) (Ord. 12/18/2003, passed 12-18-2003, § 118)