Bridgeport City Zoning Code
ARTICLE I
Administration
§ 560-101 Title and scope.
This chapter, herein entitled "Bridgeport Borough Zoning Ordinance of 2024," regulates the uses of land; the size, height, bulk, location, erection, alteration, removal and use of structures; the areas and dimensions of land to be occupied by uses and structures, as well as yards, and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of land use; the provision of parking for motor vehicles; the erection of signs; and the protection and preservation of natural and historic resources; in all portions of the Borough of Bridgeport. The Borough's decision to revise and amend its zoning code does discriminate against any person or groups of persons on the grounds of race, color, national origin, disability, gender, age, or any other protected class as defined and recognized by federal, state, or local law. The code revision was undertaken and executed through full compliance with all federal, state, and local antidiscrimination laws, including, but not limited to, those laws pertaining to civil rights, human relations, housing, age, and equal opportunity.
§ 560-102 Short title.
This chapter shall be known as and may be cited as the "Zoning Ordinance."
§ 560-103 Effective date and repealer.
This chapter shall become effective immediately upon adoption or as soon thereafter as permissible by law. This chapter shall replace and repeal the existing Bridgeport Zoning Ordinance and all of its supplements and amendments. All repeals adopted by prior zoning amendments except as otherwise provided herein are still repealed.
§ 560-104 Purposes and community development objectives.
This chapter is hereby adopted:
A.
In accordance with the requirements and purposes of the Pennsylvania Municipalities Planning Code,[1] as amended;
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
In accordance with goals and objectives of the Bridgeport Borough 2040 Comprehensive Plan; and
C.
To carry out the following community development objectives:
(1)
Promote and protect the health, safety, and general welfare of the inhabitants of the Borough; secure safety from fire, panic, and other dangers; provide adequate light and air; prevent the overcrowding of land; and avoid undue concentration of population;
(2)
To meet the purposes of each zoning district, as listed in Articles V through XV;
(3)
To strengthen and stabilize residential neighborhoods and protect homes from incompatible or overly dense development;
(4)
To meet obligations under state law to provide for all types of housing, while emphasizing types that are most likely to involve owner occupancy;
(5)
To promote new business investment in appropriate locations, particularly to strengthen the downtown and reuse older industrial buildings;
(6)
To make the best use of the limited amount of buildable land within Bridgeport and encourage redevelopment where appropriate;
(7)
To carefully control the types and intensities of new business development near neighborhoods;
(8)
To work to minimize parking shortages;
(9)
To protect flood-prone areas, wetlands and the banks of the Schuylkill River from inappropriate development;
(10)
To work to improve the visual attractiveness of the Borough, which can help attract business development and residents;
(11)
To promote the use of walking, bicycling and mass transit;
(12)
To minimize regulations upon routine changes, particularly to avoid the need for zoning variances on matters that were commonly approved under the previous zoning ordinance; and
(13)
To recognize that all land areas in Bridgeport are within close proximity to homes or the Schuylkill River, which limits the Borough's ability to provide for the heaviest uses.
§ 560-105 Severability.
It is hereby declared to be the intent of the Borough Council that:
A.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any use, lot, building, tract of land, or other structure to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy and application of any such provision to other persons, property, or situations shall not be affected.
§ 560-106 Permits and certificates.
A.
General provisions.
(1)
Hereafter, no land shall be used or occupied, and no building or structure shall be erected, altered, used, or occupied, except in conformity with the regulations established in this chapter.
(2)
Administrative processes and procedures for determining compliance with the provisions of this chapter are established in this article.
(3)
Advertising requirements for zoning text or map amendments, adoption of comprehensive plans or official maps, notice of conditional use and other public hearings, and all other matters regulated by PA Act 247, the "Municipalities Planning Code,"[1] shall be undertaken in conformance with said Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Zoning permit.
(1)
Requirements for permits. It shall be unlawful for any person to make any use of any building or other structure, or land, until the appropriate permit has been duly issued by the Borough. Permits shall be required prior to any of the following:
(a)
Use of any building or other structure hereinafter erected, altered, or enlarged for which a building permit is required. In this case, the issuance of a building permit shall not require a separate use permit;
(b)
Change in use or occupancy of any building or structure;
(c)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use or certificate of occupancy;
(d)
Change in use or expansion of a nonconforming use;
(e)
Temporary uses of land or structures permitted herein;
(f)
Demolition of a building.
(2)
Applications for permits. All applications for permits shall be made to the local zoning official, in writing, on forms furnished by the Borough, and shall include all fees and information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
(a)
The application shall be signed and authorized by the landowner or lessee of the landowner with written permission of the landowner.
(b)
The applicant shall submit a minimum of two paper copies of a site plan and a PDF version with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall show all information stated on the application materials plus any additional information that the Zoning Officer states is necessary to determine compliance with this chapter.
(3)
Issuance of permits. No permit shall be issued until the Zoning Officer has certified that the proposed building or structure complies with the provisions of the applicable district and other provisions of this chapter. Issuance of a use or building permit does not permit occupancy; a certificate of occupancy is also required.
(a)
The Borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize single or separate applications for the permits.
C.
Certificate of use and occupancy.
(1)
It shall be unlawful for any person to occupy any building, use, or other structure or land under any of the conditions listed below until a certificate of occupancy has been duly issued therefor. A certificate of occupancy shall be required prior to any of the following:
(a)
First occupancy of any building or other structure hereinafter erected, altered, or enlarged, for which a building permit is required;
(b)
Change in use of any building or structure;
(c)
Change in occupancy of any building or structure in any nonresidential, commercial or industrial district;
(d)
Change in use or expansion of a nonconforming use.
(e)
See Chapter 425, Rental Property.
(2)
All applications for a certificate of occupancy shall be made to the Zoning Officer in writing, on forms furnished by the Borough, and shall include all information necessary to enable the local zoning official to ascertain compliance with this chapter. When use of premises involves a new building or structure, application for a use permit, then a building permit, shall be made prior to application for a certificate of occupancy. When no construction or alteration is involved, application for a use permit and a certificate of occupancy may be made simultaneously at any time.
(3)
No land, building, or structure erected pursuant to obtaining a use permit and/or a building permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinances, codes, and regulations, and until a certificate of occupancy has been issued by the Zoning Officer. Prior to, and as a condition of, the issuance of a certificate of occupancy for new residential construction, the Zoning Officer shall require that all easements and restrictions shown on the final subdivision plan for the property in question are recorded against the property.
(4)
A temporary use or certificate of occupancy may be granted prior to the completion of construction, for a period not to exceed 90 days; provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the Borough and all permit fees have been paid, and provided further that the person seeking the temporary use and certificate of occupancy posts with the Borough pursuant to an escrow agreement in a form satisfactory to the Municipal Solicitor sufficient funds to complete the construction, grading, or other items which may be incomplete.
(5)
A copy of the certificate of occupancy must be kept available for inspection.
§ 560-107 General procedure for permits.
A.
After receiving a proper application, the Zoning Officer shall either issue the applicable permit(s) or deny the application(s) as submitted within 30 days, indicating one or more reasons.
B.
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
§ 560-108 Zoning Officer.
A.
Appointment. The Zoning Officer shall be appointed by Borough Council. The Zoning Officer may designate other Borough staff persons to serve as Assistant Zoning Officer(s). Such designations shall be subject to concurrence by Borough Council. Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within the Borough but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1)
Administer this chapter in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates, written decisions and variances granted by the Board and of enforcement orders, with all such records being the property of the Borough and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 560-109 Zoning Hearing Board.
A.
Membership of Board. The Zoning Hearing Board shall consist of three residents of the Borough appointed by Borough Council. The existing terms of office shall continue, with terms of office being three years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough.
(1)
Alternate members. Borough Council shall appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. [Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such Act.[1]]
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C.
Organization. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. [As of the adoption date of this chapter, these provisions were in Sections 906(a) and (b) of such Act.[2]]
[2]
Editor's Note: See 53 P.S. § 10906(a) and (b).
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following.
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Board shall hear and decide appeals where it is alleged by an affected person, entity or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b)
See time limitations for appeals in § 560-110.
(2)
Challenge to the validity of the ordinance or map. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. [Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1 and 916 of such Act.[3]]
[3]
Editor's Note: See 53 P.S. §§ 10909.1 and 10916.
(3)
Variance:
(a)
The Board shall hear requests for variances filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only within the limitations of state law. As of the adoption date of this chapter, the Municipalities Planning Code provided that all of the following findings must be made, where relevant:
[1]
There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
[2]
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, and a variance is therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
[5]
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(c)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(4)
Special exception:
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter.
(b)
Consideration of special exception applications. When special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. The Board may grant approval of a special exception, provided that the applicant complies with the following standards for special exceptions. The burden of proof shall rest with the applicant.
(c)
Compliance with this chapter. The applicant shall establish by credible evidence that the use will comply with the requirements of this chapter.
[1]
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.
(d)
Traffic. The applicant shall establish by credible evidence that the proposed activity shall be properly serviced by the street system. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner, after consideration of any improvements proposed to be constructed or funded by the applicant.
(e)
Site planning. The applicant shall establish by credible evidence that the proposed special exception shall be properly designed with regard to internal circulation, parking, buffering so as to be compatible with adjacent land uses and adjacent streets and sidewalks.
(f)
Neighborhood. The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the desirable character of the neighborhood. The proposed use shall not cause significant nuisances to adjacent properties.
(g)
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.
(h)
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
(i)
Any special exception approval may be conditioned upon compliance with all applicable Borough, state and federal ordinances, statutes and regulations.
(5)
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a "reasonable accommodation" under applicable federal law to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(a)
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person with a protected disability no longer will be present on the property.
(6)
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, as amended.
E.
Time limits for appeals. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply.
F.
Stay of proceedings. The stay of proceedings provisions of the State Municipalities Planning Code, as amended, shall apply.
G.
Applications to the Zoning Hearing Board.
(1)
All appeals from a decision of the Zoning Officer and applications to the Zoning Hearing Board shall be in writing on forms provided by the Borough. The applicant is responsible to identify sections of this chapter that apply.
(2)
Every appeal or application shall include the following and be submitted with a total of seven copies (which may include the original) and a PDF version:
(a)
The name and address of the applicant or appellant.
(b)
The name and address of the owner of the property to be affected by such proposed change or appeal (if not the same as above).
(c)
A brief description and location of the property to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(e)
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
(f)
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material, and general construction of such proposed improvements. Seven copies of 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.
(g)
All other information listed on the official Borough application form.
H.
Time limits on permits and approvals.
(1)
After a variance is approved, a Zoning Hearing Board decision is issued or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval, decision or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits.
(2)
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 36 months after permits are issued.
(3)
If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
I.
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1)
Ad. Public notice (as defined by Section 107 of the State Municipalities Planning Code[4]) shall be published. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
[4]
Editor's Note: See 53 P.S. § 10107.
(2)
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Borough staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3)
Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. In addition, the Borough should provide notice to the last known address of the last known principal owner of record of each property that is immediately adjacent to or immediately across a street or within 100 feet from the subject property. However, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address.
J.
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
K.
Decision/findings:
(1)
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2)
The decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent section(s) of this chapter and/or the State Municipalities Planning Code.
L.
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by the State Municipalities Planning Code, as amended.
M.
State law. See also Section 908 of the State Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10908.
N.
Appeals to court. The provisions for appeals to court that are stated in the State Municipalities Planning Code, as amended, shall apply.
§ 560-110 Appeals to court.
The provisions for appeals to court that are stated in the State Municipalities Planning Code,[1] as amended, shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 560-111 Borough, municipal, state, federal, and public utility exemption.
A.
This chapter shall not apply to uses, buildings, or structures owned or operated by Bridgeport Borough or by a municipal authority created solely by Bridgeport Borough for uses, buildings, and structures that are intended for a public utility, stormwater, public recreation, or public health and safety purpose.
B.
Federal and state property is subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States and the Commonwealth of Pennsylvania.
C.
In accordance with 53 P.S. § 10619, this chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.
§ 560-112 Fees.
A Borough fee schedule for permits and applications may be established and amended by written resolution of Borough Council. No application or appeal shall be considered filed until all fees are paid and all required information and plans have been received by the Zoning Officer.
§ 560-113 Enforcement, violations, and penalties.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code,[1] as amended, are hereby incorporated into this chapter by reference.
A.
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
B.
Enforcement notice. If the Zoning Officer has reason to believe that a violation of a provision of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code.[2] Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such law.[3])
(1)
Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify Borough Council. Borough Council may request the Borough Solicitor to institute in the name of the Borough any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. Borough Council may also direct the Zoning Officer or Borough Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
(2)
Violations and penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.
(3)
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
E.
Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 560-114 Conditional use process.
A.
Procedure.
(1)
Where conditional uses are requested, Borough Council shall schedule a public hearing to decide such requests within 60 days from the date of filing the completed application, or as extended by consent of the applicant. The hearing shall be conducted by Borough Council, and all findings shall be made by Borough Council. The decision or, where no decision is called for, the findings shall be made by Council.
(2)
Borough Council shall request a review of the application for conditional use by the Planning Commission prior to the publicly scheduled public hearing to determine whether the standards of this chapter have been met and any recommendations for conditions of approval. Final approval and determination of these conditions shall be made by Borough Council.
(3)
Borough Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before Borough 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 thereof.
(4)
Standards for conditional use approval. In addition to the requirements of the Pennsylvania Municipalities Planning Code[1] and the use-specific standards set forth in Article III, Use Regulations, the following standards shall be considered by the Borough Council:
(a)
The conditional use shall be consistent with the goals, objectives, and recommendations of the Borough's Comprehensive Plan and any of its implementing or supporting plans or policies.
(b)
The conditional use shall be in compliance with all requirements and additional standards enumerated in the provision which gives the right to seek a conditional use.
(c)
The conditional use shall comply with the zoning code requirements of the underlying district in which the property is located.
(d)
The conditional use shall not be detrimental to the character of the community. The scale and design of development shall be architecturally compatible with the existing community.
(e)
The conditional use shall not be detrimental to nor adversely affect other uses of property in the vicinity of the subject property.
(f)
The conditional use shall not generate excessive noise, noxious odors, air pollution, or lighting that could be a nuisance or safety hazard to the general public. The layout of vehicle and pedestrian facilities shall be safe for all users.
(g)
The conditional uses shall be served by adequate public facilities, including streets, water, sanitary sewage, fire protection, stormwater control, parks and recreation uses and other public facilities and services.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Conditions. Borough Council may require adjustments to the proposal as a condition of approval. Examples of conditions may include, but are not limited to:
(a)
Alternate site layouts.
(b)
Alternate circulation patterns for vehicles, bicyclists, and pedestrians.
(c)
Increased setbacks, if it will reduce impacts on adjacent property owners or screen view from the public right-of-way.
(d)
Landscape buffers or fences, if the provision of such will reduce impacts on adjacent property owners or screen view from the public right-of-way.
(e)
Limitation on the permitted hours-of-operation so as to minimize impacts on the surrounding community.
(f)
Other changes deemed necessary by Borough Council to meet the goals and objectives of this chapter.
B.
An application for conditional use shall contain the following information:
(1)
The name of the legal owner, equitable owner, tenant and intended developer.
(2)
The deed to the property and, where applicable to the applicant, the agreement of sale or lease authorizing the applicant to seek conditional use approval.
(3)
Existing and proposed buildings and other structures, as shown on a plan prepared under seal by a Pennsylvania-licensed professional surveyor, engineer or architect, as well as facade and elevation views showing the entire exterior of all buildings. Site plans shall show locations of all utilities, heat pumps, compressors, etc. Site plans shall identify and describe proposed surface materials. Elevation views must show all new structures in context with existing buildings on the lot and adjoining properties.
(4)
The name, address of all adjoining property owners and the tax parcel numbers of the adjoining properties.
(5)
A key map showing the location of the proposed development within the Borough and its relationship to major streets and political boundaries.
(6)
Other existing and proposed improvements.
(7)
References to the Code provision(s) permitting the application for conditional use, and all information necessary to demonstrate compliance with the applicable conditional use criteria and standards for approval.
(8)
The appropriate fee for the conditional use application.
§ 560-115 Liability.
A.
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, consideration of possible environmental contamination, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Borough shall not constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit.
§ 560-116 Amendments to this chapter.
Within the requirements of the State Municipalities Planning Code,[1] Borough Council may amend or repeal any or all portions of this chapter on its own motion or after agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
