Homestead City Zoning Code
PART 12
Conditional Uses and Uses by Special Exception
§ 27-1201 Applicability.
Applications for conditional uses, when listed as permissible by the Table of Permitted Uses (§ 27-304), or uses by special exception shall be approved or denied by Borough Council or the Zoning Hearing Board, as the case may be, in accordance with the standards and criteria of this Part, the zoning district regulations and other applicable provisions of this chapter.
§ 27-1202 Application procedure.
1.
Application content. Applications for conditional uses or uses by special exception shall be submitted to the Zoning Officer in the form prescribed by the Borough. Such materials shall include a site plan or a land development plan if required by Chapter 22, Subdivision and Land Development, and building plans which clearly identify the location, size, shape and use of the proposed site and structures, surrounding land uses immediately adjacent to the site, proposed vehicular and pedestrian accesses and other information necessary to evaluate the application according to the standards contained in this chapter.
2.
Review procedure.
A.
The Zoning Officer shall forward all conditional use applications to the Planning Commission for review and comment. The Zoning Officer shall forward all applications for special exceptions to the Zoning Hearing Board.
B.
Approval of conditional uses. Hearings shall be conducted by the Borough Council, or the Borough Council may appoint any member or an independent attorney as a hearing officer. The first hearing before the Borough Council or hearing officer shall be commenced within 60 days from the date of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time.
C.
The Borough Council or hearing officer 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 the Borough Council or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter shall contain a reference to the provision relied on and the reasons why the conclusions is deemed appropriate in the light of the facts found.
D.
Where the Borough Council fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearings as provided in § 908(1.2) of the MPC, 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 Borough Council to meet or render a decision as herein provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by public notice requirements. If the Borough Council shall fail to provide such notice, the applicant may do so.
E.
However, Borough Council shall not approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a)
A site plan or a land development plan, if required by Chapter 22, Subdivision and Land Development.
(b)
A written statement showing compliance with the applicable express standards and criteria of this Part for the proposed use.
(c)
The required application fee.
(2)
A written recommendation is received from the Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered for approval.
(3)
A public hearing is held by the Borough Council pursuant to public notice.
(4)
In considering an application for conditional use approval, Borough Council may prescribe such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and to protect the public health, safety and welfare. In determining the appropriateness of such conditions and safeguards, Borough Council shall make findings in fact based on competent substantial evidence presented under oath on the record of the public hearing on the conditional use application.
(5)
For applications which require both conditional use approval and approval of a land development plan, the Planning Commission and Borough Council may process both applications concurrently, provided that all requirements of this chapter and the Chapter 22, Subdivision and Land Development, have been met for both applications.
F.
Uses by special exception. The Zoning Hearing Board shall review and approve or deny an application in accordance with the provisions of § 27-1404 of this chapter.
3.
Expiration of approval. Conditional use or use by special exception approval shall expire automatically without written notice to the applicant if, within 12 months of said approval, no application for a grading permit or building permit is submitted to undertake the construction or no certificate of occupancy is obtained to authorize the occupancy described in the application for conditional use or use by special exception approval, unless Borough Council or the Zoning Hearing Board, as the case may be, in its sole discretion, extends conditional use or use by special exception approval upon written request of the applicant received prior to its expiration.
§ 27-1203 General standards and criteria.
Approval of a conditional use or use by special exception. The Borough Council or Zoning Hearing Board shall approve any proposed conditional use or use by special exception if it finds there is adequate evidence that the proposed use will:
1.
Meet any specific standards for the proposed use listed in §§ 27-502 and 27-503.
2.
Meet other applicable sections of this Zoning Chapter.
3.
Be in general conformance with the requirements of Chapter 22, Subdivision and Land Development, as applicable. Actual approval under the Subdivision and Land Development Ordinance may occur separately from the conditional use approval if the applicant requests.
4.
Meet all of the following standards:
A.
Other laws. Will not clearly be in conflict with other Borough ordinances or state or federal laws or regulations known to the Borough.
B.
Traffic. Will not result in or significantly add to a traffic hazard or significant traffic congestion.
C.
Safety. The applicant shall show that the use will not create a significant public safety hazard, including fire, toxic or explosive hazards.
D.
Stormwater management. Will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater shall not be a criteria of a decision under this Zoning Chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management by the Borough Council under Chapter 22, Subdivision and Land Development.
E.
Neighborhood. Will not significantly negatively affect the desirable character of an existing or approved residential neighborhood, such as causing heavy truck traffic through a residential neighborhood, or a significant odor or noise nuisance or very late night or early morning hours of operation.
F.
Site planning. Will involve adequate site design methods, including plant screening and setbacks as needed to avoid significant negative impacts on adjacent uses.
G.
Performance standards. Will not have a serious threat of inability to comply with the performance standards of this Zoning Chapter, as stated in Part 7.
(1)
In addition, an applicant for a special exception use must provide written indication that the proposed use conforms to the standards enumerated below.
5.
The proposed use must be consistent with the goals and objectives of the Borough's Comprehensive Plan and Zoning Chapter.
6.
The proposed use must be similar to, or compatible with, permitted uses in the district in which the proposed use will be located. It must not substantially injure or detract from the use or character of neighboring properties.
7.
The proposed use will not require an extension or upgrade of public utilities (water, sewerage, gas, electric, etc.). Utility companies must provide written assurances that they have, or will provide, sufficient capacities and/or facilities to serve the proposed use.
8.
The proposed use will not have a negative impact on, or require expansion of, public safety and emergency response services.
