[Added 10-24-2011 by Ord. No. 53-2011]
A. Application. Applications for approval of a proposed conditional use shall be made in writing and submitted in triplicate on forms prepared and provided by the City of Reading. The application shall be accompanied by payment of the applicable fee as determined and approved from time to time by ordinance of City Council
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and a copy of the deed to the subject property. Such forms shall require, but shall not be limited to the following information:
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(1) The name, address and signature of the applicant or appellant.
(2) The name and address of the owner of the property.
(3) A brief description and location of the property to be affected by such proposed change or appeal.
(4) A statement of the present zoning classification of the property in question and the present use thereof.
(5) A reasonably accurate description of the new construction, additions or changes intended to be made under this application indicating the size, height and uses of such proposed improvements.
(6) A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description. Plot plans shall conform to the requirements for plans and specifications specified for a zoning permit application in § 600-301D of this chapter.
(7) Such other information necessary to allow the City Council to determine that all requirements of this chapter have been met.
(8) The application shall be signed and sworn to by the owner of such property.
B. When the application is deemed by the Zoning Administrator to be complete, the Zoning Administrator shall determine whether or not the conditional use sought is one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use. If the Zoning Administrator determines that the conditional use sought is not one which is specifically authorized in the applicable zoning district, the application shall be denied and a written report of such finding shall be submitted to the Zoning Hearing Board and City Council. Any applicant aggrieved by such determination of the Zoning Administrator shall have the right to appeal said determination to the Zoning Hearing Board in accordance with the procedures set forth in §§ 600-406 through 600-410 of this chapter.
C. If the Zoning Administrator has determined that the conditional use sought is one which is specifically authorized as a conditional use in the zoning district wherein the applicant's property is located, one copy of the application shall be forwarded to the City Planning Commission for its review; one copy shall be retained by the Zoning Administrator and one copy shall be forwarded to the City Clerk for review by City Council or its designated member or independent attorney appointed as a hearing officer pursuant to 53 P.S. § 10913.2.
(1) The application shall be reviewed at one or more advertised hearings of City Council or its designated hearing officer with the initial hearing being commenced within 60 days of receipt of the completed application, unless the applicant agrees in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing. The City Council shall either approve or disapprove the application in writing within 45 days after the date of the final hearing. If a hearing officer is so designated and appointed by City Council, the hearing officer shall submit written findings and recommendations to City Council in sufficient time to permit a decision by Council or findings, where no decision is called for, within the allotted time for decision as provided herein.
(2) Notices of all hearings shall be given in accordance with the requirements of § 600-410A of this chapter.
(3) The hearing shall be conducted by the designated hearing officer or City Council in accordance with the same procedures and safeguards as those specified in § 600-410D through L of this chapter. [Amended 3-23-2015 by Ord. No. 13-2015]
(4) The decision and/or findings of City Council shall be made in accordance with the same requirements as those set forth for the Zoning Hearing Board in § 600-412 of this chapter. [Amended 3-23-2015 by Ord. No. 13-2015]
(5) Notice of the decision and/or findings by the hearing officer or City Council shall be made in accordance with the same requirements as those set forth for the Zoning Hearing Board in § 600-413.
(6) In the case of a proposed conditional use that may be subject to additional regulation and control by state or federal regulation(s) or statute(s), City Council may defer a final decision for up to 30 additional days or longer upon receipt of written request therefor from the applicant.
(7) (Reserved)
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(8) The granting of permission to conduct a conditional use does not exempt the applicant from acquiring all approvals required by Chapter 515, Subdivision and Land Development, of the Code of the City of Reading.
(9) All appeals from the decision of City Council shall be made in compliance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.
D. Standards. Conditional uses shall meet the specific standards established for each use by this chapter and all other applicable zoning district requirements and general regulations established by this chapter. In addition, the following standards shall be met:
(1) The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.
(2) Services and utilities shall be made available to adequately service the proposed use.
(3) The use will not generate traffic such that hazardous or unduly congested conditions will result.
(4) The use is appropriate to the site in question.
(5) The use shall not adversely affect the character of the general neighborhood, or the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(6) The applicant shall demonstrate, as a condition to approval of his application, that the standards in this subsection and those specified elsewhere in this chapter for the use in question would be met.
(7) The City Council may impose such additional safeguards as are necessary to protect the public health, safety and welfare.
25. Editor's Note: See Ch. 212, Fees.
26. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
27. Editor's Note: Former Subsection C(7), regarding cases where a hearing officer is appointed, was repealed 3-23-2015 by Ord. No. 13-2015.