Bell Acres City Zoning Code
ARTICLE X
Conditional Uses
§ 165-151 Uses permitted subject to conditions and regulations.
The uses listed in and designated by Article II of this chapter as conditional uses may be permitted in the districts and subject to the requirements and conditions set forth in that article by the governing body of the Borough after a public hearing conducted by that governing body and after receipt of recommendations from the Borough's Planning Commission.
§ 165-152 Authority of Borough Council and Planning Commission.
In the approval process for conditional uses, the Planning Commission shall have the power to recommend and the governing body the shall have the power to enforce such conditions as are incorporated in other applicable Articles of this chapter, necessary to protect, preserve and promote the health, safety and welfare of the community.
§ 165-153 Applications and fee.
A written application for conditional use approval shall be filed with the Borough, which application shall contain or be accompanied by a site plan and such other pertinent data or information necessary to assure the fullest practicable presentation of all of the relevant facts concerning the application and a notarized statement by at least one of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application. A fee as set forth by resolution of the Borough Council shall be paid upon the filing of each such application.
§ 165-154 Action by Commission; fee for copy of recommendation.
[Amended 8-9-2010 by Ord. No. 260]
The Planning Commission shall review each conditional use application and submit its recommendation, in writing, to the Borough Council. A copy of the Planning Commission’s recommendation shall be provided to any individual who submits a request, in writing, and pays a fee as set forth by resolution of the Borough Council.
§ 165-155 Action by Council.
[Amended 7-13-2020 by Ord. No. 301]
A.
Subsequent to the receipt of the Planning Commission's recommendation, the governing body shall conduct a public hearing on the conditional use application, subject to public notice. The governing body may approve, subject to the conditions set forth in this chapter in Article II for the various conditional uses, or reject said application.
B.
Conditional use approval shall expire automatically without written notice to the applicant if no construction has been initiated and continues to advance within 12 months of said conditional use approval. If construction has not commenced, Borough Council, may, upon written request being filed by the applicant at least 30 days prior to the expiration, grant one extension of time to initiate construction, not to exceed 12 months. Upon granting any extension of time, the Borough Council may require that the conditional use approval complies with all current ordinances and codes.
§ 165-156 Payment of costs.
The applicant must pay any other costs, including but not limited to solicitor's fees, engineer's fees, stenographic and reporting fees.