Clifton Heights City Zoning Code
ARTICLE XIX
Special Exceptions and Conditional Uses
§ 340-113 Procedure for granting special exceptions.
The Zoning Hearing Board shall hear and decide requests for a special exception in accordance with the terms of this chapter and the requirements for the conduct of its hearings and issuance of its rulings established in the Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 340-114 Standards for special exceptions.
[Amended 5-28-2019 by Ord. No. 869]
The Zoning Hearing Board shall grant a special exception only in those cases where the provisions of the specific zoning district explicitly provide for such a procedure. An environmental impact assessment report and a traffic impact study shall be prepared and submitted to the Zoning Hearing Board for each use permitted by special exception; such impact reports shall be prepared in accordance with the requirements contained in Article XIV, Supplemental Regulations, of this chapter. In addition, all of the following general standards and any other reasonable conditions or safeguards necessary to implement the purpose of this chapter shall be met:
A.
That the grant of a special exception promotes and protects the health, safety, morals and general welfare of the Borough and its residents;
B.
That the subject proposal is in accordance with sound and contemporary planning principles;
C.
That the subject proposal is appropriate for its site and will be adequately served by available public services;
D.
That steps will be taken by the applicant to protect any sensitive or noteworthy environmental feature;
E.
That the proposal is suitable in view of anticipated traffic in its provision for access, on-site circulation and parking, and does not adversely affect off-site highway safety and traffic circulation.
§ 340-115 Procedure for granting conditional uses.
A.
The Borough Council shall hear and decide requests for a conditional uses in accordance with the terms of this chapter and any applicable regulations of the Pennsylvania Municipalities Planning Code, as amended.[1] The Council shall conduct at least one duly advertised public hearing concerning the application for the conditional use prior to making its ruling.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
At least 30 days prior to the hearing, a complete copy of the application shall be submitted to the Borough Planning Commission for review and issuance of an opinion advising whether the application complies with the terms of this chapter and whether it advances the Borough's community development objectives and conforms to sound planning principles. The Planning Commission shall issue its recommendations prior to the public hearing.
C.
The Borough Council shall conduct the initial required public hearing within 60 days from the date of the applicant's request for a hearing and shall render a written decision within 45 days after the last hearing. If the Borough fails to meet either of these provisions, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.
D.
The applicant shall provide written notification of the filing of an application for conditional use to all property owners within 200 feet of the subject property as follows:
[Added 5-28-2019 by Ord. No. 869]
(1)
The 200 feet shall be measured at a right angle from all points on every property line.
(2)
The names and addresses of the adjacent property owners shall be obtained from records of the Delaware County Tax Assessment Office.
(3)
The notification shall be sent by regular first-class mail, postage prepaid, a minimum of 14 days prior to the first scheduled public hearing of the Borough Council. At the hearing, the applicant shall provide a copy of the actual notice mailed and a list of those names and addresses to which the notice was sent.
(4)
At a minimum, the written notice shall contain the street address of the parcel, a general description of what is proposed by the applicant, the time, date and location of the hearing where the application will be considered, and shall inform the property owner that only one notice will be provided and that he or she is not required to attend but may attend if interested.
§ 340-116 Standards for conditional uses.
[Amended 5-28-2019 by Ord. No. 869]
The Borough Council shall grant a conditional use only in those areas where the provisions of the specific zoning district explicitly provide for such a procedure and where the following general standards and any other reasonable conditions or safeguards necessary to implement the purpose of this chapter are determined to have been met:
A.
That those standards established for the grant of a special exception are met:
B.
In granting any conditional use, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
C.
Prior to the commencement of the conditional use hearing or during the proceedings of the conditional use hearing, the Borough Council may consider the comments of the Planning Commission, Zoning Officer, Engineer, the appointed professional consultants and/or other agencies that could assist Borough Council with the merits of the conditional use application. All such comments shall be made either in writing and presented as evidence during the hearing or as part of sworn testimony at the conditional use hearing.
D.
All of the standards for conditional uses hereinafter set forth shall, where relevant, apply to all conditional uses within the Borough and are deemed definitional in character so that the failure to comply with any standards shall be deemed a failure to bring the applicant within that definitional aspect for which a conditional use may be granted; or, in the discretion of the Borough Council, such failure to comply with the standards may be deemed a basis for the imposition of appropriate conditions to such grant. It is further the intention of Borough Council that the standards hereinafter described shall be deemed additional standards and shall in no way impair any other applicable standard described elsewhere in this chapter. Where there is a conflict between the standards set forth in this article and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent thereof shall apply, and it is not the intent of this article to abrogate or impair any other such standards or requirements.
E.
Borough Council shall consider the following general issues and site requirements prior to rendering its decision on a conditional use application:
(1)
That the subject proposal is consistent with the policy recommendations outlined in the Borough's officially adopted Comprehensive Plan.
(2)
That the subject proposal will not substantially or permanently impair the appropriate use or development of adjacent property.
(3)
That the grant of conditional use, if authorized, will represent the least modification of regulations applicable to the district involved.
(4)
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public health, safety, morals and/or public welfare.
(5)
The applicant shall provide evidence with supporting documentation that adequate screening and buffering is provided between the lands in question and surrounding residential uses and residentially zoned districts to screen the facility from view and preclude any glare from lighting or noise from being ascertainable beyond the boundaries of the property.
(6)
The applicant shall provide evidence with supporting documentation that the local fire department has the abilities to provide adequate fire protection and emergency management services for the proposed use.
(7)
Where, in the opinion of Borough Council, the use or facility may require supervision and protection, the applicant shall provide evidence with supporting documentation that additional security measures will be accounted for by the owner or site manager so the facility or use does not create a continuous burden on the emergency management services and providers.
(8)
The applicant shall provide evidence with supporting documentation that the existing or proposed sanitary sewage disposal facilities have sufficient capacity for the proposed use.
(9)
The applicant shall provide evidence with supporting documentation that the existing or proposed municipal water supply facilities have sufficient capacity for the proposed use.
(10)
The applicant shall provide evidence with supporting documentation that there will be no increase in surface water runoff and erosion within the property or at the boundaries of the facility as a result of the site improvements.