a) Where the Zoning Ordinances has stated conditional uses are to be granted or denied by the City Council pursuant to express standards and criteria, City Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by, or City Council may appoint, any member or an independent attorney as a Hearing Officer. The decision, or, where no decision is called for, of the findings shall be made by City Council; however, the appellant or the applicant, as the case may be, in addition to City Council, may, prior to the decision of the hearing, waive decision or findings by City Council and accept the decision or findings of the Hearing Officer as final. In granting a conditional use, City Council may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes of this Act in the Zoning Ordinance.
1) City Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within forty-five (45) days after the last hearing before City Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provisions of this Act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
2) Where City Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this Ordinance, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing, or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the City Council to meet or render a decision as hereinabove provided, City Council shall give public notice of the decision within ten (10) days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If City Council shall fail to provide such notice, the applicant may do so.
3) Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. 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 no later than the day following its date.
b) The following shall apply to requests for conditional use approvals:
1) PROCEDURE - Upon application, City Council shall hear requests for conditional use applications where the provisions of this Zoning Ordinance allow such review. The City Council shall prescribe the form of application and require preliminary application to the Zoning Officer.
2) ADVERTISEMENT FROM PLANNING COMMISSION - No application for a permit shall be granted by the City Council for any application until the City Council has first received and considered a recommendation thereon from the Planning Commission. The Planning Commission shall have thirty (30) days from the date of its receipt of the application within which to file its report thereon. If the Planning Commission fails to file its report within such thirty (30) days, the application shall be forwarded to City Council without a recommendation by the Commission.
3) APPLICABILITY - City Council's decision to grant a permit for a conditional use shall be made only after public notice and hearing. The City shall mail or deliver notice to the owner of every lot fronting on the same street within one-hundred (100) feet of the lot or the building in question. Such permit shall apply specifically to the appeal and plans submitted and presented at the public hearing. Any subsequent amendments or additions shall be subject to additional review and public hearing by the Council.
4) GENERAL PROVISIONS -Conditional use general provisions shall be the same as follows:
1. PURPOSE - The intended purpose of this proposed use shall be consistent with the City's development objectives established in the Comprehensive Plan and/or any redevelopment plans.
2. COMPATIBILITY - The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use shall be reviewed as to its relationship to, and effect on, surrounding land uses and existing environmental conditions regarding the pollution of air, land and water, noise, potential of hazards and congestion, illumination and glare, restrictions to natural light and circulation of air.
3. SUITABILITY - The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy, of space and traffic generation.
4. SERVICEABILITY -Assurance shall be made as to the adequacy and availability of utility services and facilities, such as sanitary and storm sewers, water, trash and garbage collection and disposal, and the ability of the City to supply such services.
5. ACCESSIBILITY - The proposed use shall provide adequate ingress and egress, interior circulation of both pedestrians and vehicles, off-street parking and accessibility to the existing or proposed City street system.
6. CONFORMITY - The proposed use shall be in conformance with all application requirements of this Zoning Ordinance and where applicable in accordance with the Subdivision and Land Development Ordinance.
7. CONGESTION - The proposed use shall not substantially increase traffic congestion.
8. PUBLIC SAFETY - The proposed use shall not increase the danger of fire or otherwise endanger public safety.
9. OVERCROWDING - The proposed use shall not overcrowd the land or create an undue concentration of population.
10. LIGHT & AIR - The proposed use shall not impair an adequate supply of light and air to an adjacent property.
11. IMPACT - The proposed use shall not adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities.
12. FLOODPLAIN - For special exception applications located within the one-hundred (100)-year floodplain, the provisions of the City of York Floodplain Management Ordinance shall also be considered.
13. ATTACHMENT OF CONDITIONS - In granting a conditional use, the Council may attach whatever reasonable conditions and safeguards, in addition to those expressed in this Ordinance, it deems necessary to insure that any proposed development shall secure substantially the purposes of this Zoning Ordinance.