[Amended 2-26-2002 by Ord. No. 1167]
A use not expressly listed as permitted in any zoning district may be permitted as a conditional use in the M Manufacturing and Industrial District in accordance with the following procedures and standards. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this article and the Pennsylvania Municipalities Planning Code.
A.
Submission of application. The granting of a conditional use by the Borough Council shall be predicated upon the developer demonstrating that the development for which the conditional use is sought:
(1)
Will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
(2)
Meets all other requirements of this article for the M Manufacturing and Industrial District.
(3)
Is in general conformity with the Comprehensive Plan for the Borough of Ambridge and in harmony with the area in which it is proposed.
(4)
Is an appropriate use on the proposed site.
(5)
Is in compliance with all other standards of this article.
B.
The applicant/developer shall submit a deed and drawings to scale. The drawings shall indicate the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property, proposed grading and storm drainage, and location and number of proposed parking spaces and proposed curb cuts.
C.
Action by the Planning Commission. Upon the filing of an application for a conditional use, the Borough Council shall submit each such conditional use application to the Planning Commission at least 30 days prior to the hearing on such conditional use to provide the Planning Commission an opportunity to submit recommendations. Such recommendations shall be in writing with copies transmitted to the applicant and to Borough Council.
D.
Public hearing. The Borough Council shall call and hold a public hearing, with proper notice, within 60 days of the filing of the application for conditional use.
E.
Action by Borough Council. Borough Council shall render a decision and inform the applicant of said decision within 45 days of the close of the hearing unless, upon mutual consent of the Borough Council and the applicant, it is agreed to continue the proceedings. If the Borough Council denies the conditional use, the developer may reapply for the same use no sooner than one year after the latter of 30 days after notice of the decision is entered or 30 days after entry of a final decision by the court of competent jurisdiction without further appeal.