Manheim City Zoning Code
ARTICLE VII
Administration
§ 220-112 Administration and government.
A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall be enforced by an agent to be appointed by Borough Council, who shall be known as the "Zoning Officer." The Zoning Officer shall meet qualifications established by Borough Council and shall be able to demonstrate to the satisfaction of Borough Council a working knowledge of municipal zoning. The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Zoning Officer shall be appointed at the first meeting of Borough Council in January to serve until the first day of January next following and shall thereafter be appointed annually to serve for a term of one year and/or until his/her/its successor is appointed. The Zoning Officer may succeed himself/herself/itself. The Zoning Officer shall receive such fees or compensation as Borough Council may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Borough. The Zoning Officer may designate an employee of the Borough as the Zoning Officer's Deputy, subject to the approval of Borough Council, who shall exercise all of the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
(2)
Duties. The duties of the Zoning Officer shall be:
(a)
To receive, examine and process all applications as provided by the terms of this chapter.
(b)
To record and file all applications for permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record.
(c)
To inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments. The Zoning Officer shall have the right to enter upon private land at any reasonable hour in order to gain permission to enter any building or structure or other lands in the course of the Zoning Officer's duty.
(d)
To keep a record of all properties which have been determined to be nonconforming uses and structures, together with the reasons why the Zoning Officer has identified them as nonconformities, as a public record and to examine them periodically to determine the current status. The record shall be modified upon such date that the property becomes in compliance with the provisions of this chapter.
(e)
Upon the request of Borough Council or the Zoning Hearing Board, present to such bodies facts, records and any similar information on specific requests to assist such bodies in reaching their decisions.
(f)
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, and reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc., remain in existence.
(g)
Issue certificates of use and occupancy and stop orders in accordance with the terms of this chapter.
(h)
To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto.
(i)
To render a preliminary opinion regarding a proposed land use in accordance with § 916.2 of the Act.
B.
Enforcement. This chapter shall be enforced by the Zoning Officer of the Borough. No permit or certificate of use and occupancy shall be granted by the Zoning Officer for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized by Borough Council to institute civil enforcement proceedings as a means of enforcement when acting within the Zoning Officer's scope of employment.
C.
Violations.
(1)
Failure to secure a permit prior to a change in use of land or structure, or the demolition, erection, construction or alteration of any structure, or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
(2)
If it appears to the Borough that a violation of this chapter enacted under the Act or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice, as provided in the following:
(a)
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person against whom the Borough intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
[4]
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
[6]
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
D.
Enforcement remedies. Any person, partnership, corporation, limited liability company or other entity who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act or prior enabling laws 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 but not limited to reasonable attorneys' fees and costs, incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or 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 the Magisterial District Judge, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership, corporation, limited liability company or other entity 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 attorneys' fees and costs collected for the violation of this chapter shall be paid to the Borough by such person, partnership, corporation, limited liability or other entity.
E.
Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under the Act or prior enabling laws, Borough Council or, with the approval of Borough Council, an officer of the Borough or any aggrieved owner or tenant of real property who shows that his/her/its/their property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on Borough Council. No such action may be maintained until such notice has been given.
§ 220-113 Permits.
A.
General requirements for zoning permits. No building, structure or sign shall be erected, constructed, extended, replaced, demolished, converted, moved, added to or structurally altered, nor shall land, buildings and structures be put to any use or have the use for which they are used changed without a zoning permit therefor issued by the Zoning Officer. No such permit shall be issued except in conformity with the provisions of this chapter or upon written order from the Zoning Hearing Board in the form of a special exception or variance, or as otherwise provided for by this chapter, any applicable laws, or any court of competent jurisdiction. A zoning permit is not required to change one conforming nonresidential use to another conforming nonresidential use within the CBD Zone.
B.
Application procedures. The application for a zoning permit shall be submitted to the Zoning Officer in writing on a form prescribed by the Zoning Officer. The application shall be submitted by the owner or lessee of any building, structure or land, or the agent of either; provided, however, if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent. The full names and addresses of the owner, lessee, applicant and the responsible officers, partners, members or managers, if the owner or lessee is an entity, shall be stated in the application. The application shall be accompanied by two sets of the following information:
(1)
A map of the lot in question drawn to scale, indicating the lot size and showing all dimensions of lot lines and the exact location(s) on the lot of all existing and proposed buildings, fences, signs, structures and alterations to buildings or structures.
(2)
The use, height, length, width and proportion of the total lot area covered of all proposed and existing buildings, structures, signs and additions or alterations to buildings, structures and signs.
(3)
A statement indicating the number of dwelling units and/or commercial establishments to be accommodated within existing and proposed buildings on the lot. In the case of apartment buildings, a breakdown of units by the number of bedrooms shall be provided.
(4)
The number, location, dimensions and design of parking and loading areas, recreation areas, signs, buffer yards and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic and outdoor lighting.
(5)
A copy of the deed for the property in question, including all deed restrictions applicable to the property.
(6)
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(7)
Information demonstrating compliance with the Pennsylvania Department of Labor and Industry or, as an alternative, information that confirms the lack of need for Department of Labor and Industry approval.
C.
Approval or disapproval. Upon receipt of the application and all accompanying information, the Zoning Officer shall examine the same to determine compliance with this chapter and all other Borough ordinances and/or state requirements. The Zoning Officer may call upon other Borough staff and/or Borough-appointed consultants in the review of submitted materials for applications. Within 90 days from the day the Zoning Officer receives the application, the Zoning Officer shall either approve or disapprove the application and return one copy of the application and accompanying information containing the Zoning Officer's decision and signature to the applicant. The other copy shall be retained by the Zoning Officer. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefor and informing the applicant of his/her/its/their rights to appeal. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.
D.
Issuance and posting of permit. Upon approval of the application by the Zoning Officer and the payment of the fees established from time to time by resolution of Borough Council, the Zoning Officer shall issue a zoning permit placard, which shall be visibly posted on the site of operations during the entire time of construction. The permit shall expire one year from the date of approval of the application by the Zoning Officer; provided, however, it may be extended, at the discretion of the Zoning Officer, for six-month periods, not exceeding a total of two years.
E.
Rights of permit holders. The permit shall be a license to proceed with the work described on the approved application in accordance with all Borough ordinances. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application on which the permit or approval was based or for any other cause set forth in this chapter.
§ 220-114 Certificate of use and occupancy.
A.
Requirements. It shall be unlawful to use and/or occupy any building, structure or land, or portion thereof, for which a zoning permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless the Zoning Officer has inspected such building, structure or land and has determined that all provisions of this chapter and other rules, regulations and ordinances of the Borough have been complied with.
B.
Issuance. Upon receipt by the Zoning Officer of written notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises within 14 days to determine that the work has been performed in accordance with the approved application and other ordinances of the Borough. If the Zoning Officer is satisfied that the work has been completed in accordance with the approved application, the Zoning Officer shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the Borough records. If the Zoning Officer finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and give the reasons therefor in writing and inform the permit holder of his/her/its/their rights of appeal.
C.
Temporary certificate of use and occupancy.
(1)
Upon request of the holder of a permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a building, structure, sign and/or land, or portion thereof, before the entire work covered by the permit shall have been completed. Such portion or portions may be used and/or occupied prior to full completion of the work, provided life and/or the public health, safety, morals and general welfare of the Borough and its citizens are not endangered.
(2)
The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of land for religious and other public and semi-public purposes, or other temporary use and/or occupancy upon order of Borough Council. Such temporary certificates shall be for the period of time to be determined by Borough Council, but in no event shall any temporary certificates be issued for more than six months.
§ 220-115 Stop order.
A.
A stop order shall be issued in the following instances:
(1)
If activities regulated by this chapter are undertaken without a zoning permit or certificate of use and occupancy being granted by the Borough.
(2)
If an activity undertaken under a zoning permit deviates from the application either during or after completion of the work.
(3)
If a use is conducted in a way which is in violation of the use requirements, area, yard and height regulations, performance standards and/or general regulations of this chapter.
(4)
If an activity permitted by special exception, conditional use or variance is not conducted in accordance with the terms of the granting of the special exception, conditional use or variance.
B.
Notice to owner. A stop order shall be issued by the Zoning Officer and delivered to the owner of any property or his/her/its/their agent. Delivery shall be construed to include certified mail or posting on the property.
C.
Contents. The stop order shall be in writing and state the nature of the violation and under which conditions work or use may continue. A reasonable period of time may be permitted to allow for the required corrections.
D.
Unlawful continuance. Any person who shall continue in violation of any stop order shall be in violation of this chapter and subject to the penalties provided within this chapter.
§ 220-116 Schedule of fees, charges and expenses.
A.
Borough Council shall establish, by resolution, a schedule of fees and charges for requests for zoning permits, certificates of use and occupancy, special exceptions, conditional uses, variances, amendments to this chapter and other matters pertaining to this chapter. A collection procedure shall also be established.
B.
The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by Borough Council by resolution.
C.
Until all application fees and charges have been paid in full, no action shall be taken on any application or appeal.
§ 220-117 Amendments.
A.
Power of amendment. Borough Council may, from time to time, amend, supplement, change or repeal this chapter, including but not limited to the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Borough Planning Commission, Borough Council or by a petition to Borough Council by an interested party.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, Borough Council shall conduct a public hearing to inform the general public of the nature of the amendment(s) and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.
(2)
Public notice. Before conducting a public hearing, Borough Council shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
[2]
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property; these sign(s) shall be posted at least one week prior to the hearing and shall exhibit the nature, date, time and location of the hearing.
(c)
For curative amendments, public notice shall also indicate that the validity of this chapter and/or the zoning map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(d)
If after any public hearing held upon an amendment the proposed amendment is changed substantially or is revised to include land previously not affected by it, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, Borough Council must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered, and a reference to a place within the Borough where copies of the proposed Chapter or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. The enactment notice shall be published at least once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2)(b). In the event substantial amendments are made in the proposed ordinance or amendment before voting upon enactment, Borough Council shall, at least 10 days prior to enactment, re-advertise in one newspaper of general circulation in the Borough a brief summary setting forth all of the provisions in reasonable detail, together with a summary of the amendments.
(4)
Borough Planning Commission referrals. For amendments proposed by parties other than the Borough Planning Commission, Borough Council shall submit each amendment at least 30 days prior to the public hearing to the Borough Planning Commission for review and comment. The Borough Planning Commission shall submit a report of its review, together with any recommendations, to Borough Council within 45 days from the date of said referral. The recommendation of the Borough Planning Commission shall include a specific statement as to whether or not the proposed amendment is in accordance with the intent of this chapter and any official adopted Comprehensive Plan of the Borough.
(5)
Lancaster County Planning Commission referrals. All proposed amendments shall be submitted to the Lancaster County Planning Commission at least 30 days prior to the public hearing on such amendments. The Lancaster County Planning Commission may submit recommendations to Borough Council within 45 days of such referral. Borough Council cannot act upon the amendment until it has received a recommendation from the Lancaster County Planning Commission; however, should the Lancaster County Planning Commission fail to submit its recommendation within 45 days, Borough Council may proceed without its recommendation.
(6)
Adjournment of public hearing. If during the public hearing process Borough Council needs additional time to understand the proposal, inform the public, receive public comment and/or render a decision, Borough Council may adjourn the public hearing to a time and place certain.
(7)
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Lancaster County Planning Commission.
C.
Amendment initiated by Borough Planning Commission. When an amendment, supplement, change or repeal is initiated by the Borough Planning Commission, the proposal shall be presented to Borough Council, which shall then proceed in the same manner as with a petition to Borough Council which has already been reviewed by the Borough Planning Commission.
D.
Amendment initiated by Borough Council. When an amendment, supplement, change or repeal is initiated by Borough Council, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 220-117B.
E.
Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question, whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. Borough Council may require duplicate sets of petition materials. Such amendment shall follow the procedures listed in § 220-117B of this chapter.
F.
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map, or any provision thereof, which prohibits or restricts the use or development of land in which such landowner has an interest, may submit a curative amendment to Borough Council (including all of the reasons supporting the request to be considered) with a written request that such landowner's challenge and proposed amendment be heard and decided as provided in §§ 609.1 and §§ 916.1 of the Act, as amended. Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Borough and the Lancaster County Planning Commissions, as provided for in § 220-117B, and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, Borough Council may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(2)
Borough Council shall render its decision within 45 days after the conclusion of the last hearing.
(3)
If Borough Council fails to act on the landowner's request within the time limits referred to in Subsection F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
Borough Council fails to commence the hearing within 60 days.
(b)
Borough Council notifies the landowner that Borough Council will not adopt the curative amendment.
(c)
Borough Council adopts another curative amendment which is unacceptable to the landowner.
(d)
Borough Council fails to act on the request within 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the Borough.
(6)
Where after the effective date of the Act a curative amendment proposal is approved by the grant of a curative amendment application by Borough Council pursuant to this Section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 220-107B, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within said two-year period, no subsequent change or amendment in the zoning, subdivision or other governing chapter or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of § 508(4) of the Act shall apply.
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within said one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
G.
Curative amendment by Borough Council.
(1)
Borough Council, by formal action, may declare this chapter or portion(s) thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, Borough Council shall:
(2)
Within 180 days from the date of the declaration and proposal, Borough Council shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by § 609 of the Act in order to cure the declared invalidity of this chapter.
(3)
Upon the date of the declaration and proposal, Borough Council shall not be required to entertain or consider any curative amendment filed by a landowner; nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 220-107A subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which Borough Council proposes to prepare a curative amendment.
(4)
Borough Council, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Borough by virtue of a Pennsylvania appellate court decision, Borough Council may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Official Zoning Map shall be made, shall be duly certified by the Borough Secretary and shall thereafter be refiled as part of the permanent records of the Borough.
§ 220-118 Conditional uses.
A.
Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from Borough Council. In addition to the information required on the building permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B.
General standards for Borough Council Review of conditional use applications. In the consideration of a conditional use application, each applicant shall demonstrate to Borough Council, by credible evidence, compliance with the following:
(1)
That the proposed use shall comply with those criteria specifically attached to it. In addition, the proposed use must comply with all other applicable regulations. Applicant shall provide to Borough Council sufficient plans, studies and/or other data to demonstrate compliance with all applicable regulations.
(2)
The suitability of the property for the use desired and that the proposed use is consistent with the spirit, purpose and intent of the Zoning Ordinance, the Comprehensive Plan, and other relevant plans adopted by Borough Council.
(3)
That the proposed use will not substantially injure or detract from the use of neighboring properties or from the character of the neighborhood, and that the use of the adjacent properties is adequately safeguarded.
(4)
Adequate public facilities are available to serve the proposed use, including but not limited to public water, sewers, other utilities, police and fire protection, parks, recreation and public schools, and that there is no substantial adverse effect on these public facilities.
(5)
That the proposed use will not have a substantial adverse effect on the congestion of streets and highways or upon traffic levels of service or any hazards arising therefrom. Borough Council may require the applicant to submit a traffic study, prepared by a qualified traffic engineer, to satisfy this requirement. The Traffic Report shall contain the probable effects upon traffic and pedestrian movements and assure adequate access and circulation arrangements in order to protect major roads from undue congestion and hazard.
(6)
That the proposed conditional use shall be in and of itself properly designed with regard to internal vehicular and pedestrian circulation, parking, buffering, and all other elements of proper design, as specified in the Zoning Ordinance and any other governing law or regulation, study, review and recommendation by sound standards of zoning and land development practice, where applicable.
(7)
That the proposed use shall be in the best interests of the Borough and for the convenience of the community and shall not adversely affect the general welfare of the community.
C.
Conditions. Borough Council, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this Article VII.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 220-118A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, Borough Council shall hold a public hearing thereon, pursuant to public notice. Borough Council shall submit each such application to the Planning Commission to provide the Planning Commission with an opportunity to submit recommendations.
(2)
Public notice, as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as Borough Council shall designate by ordinance, and any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of Borough Council.
(3)
Borough Council may prescribe reasonable fees with respect to hearings.
(4)
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before Borough Council, and any other person, including civic or community organizations, permitted to appear by Borough Council. Borough Council shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by Borough Council for that purpose.
(5)
The President or Acting President of Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including but not limited to witnesses and documents requested by the parties.
(6)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8)
Borough Council may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be paid by the applicant. The cost of the original transcript shall be paid by Borough Council if the transcript is ordered by Borough Council, or shall be paid by the person appealing the decision of Borough Council if such appeal is made and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall be secured within six months. Then the applicant shall commence construction or some other authorized action within six months of permit issuance. All construction or other authorized actions shall be completed within 12 months of permit issuance; however, the Board may, upon written application for good cause, grant an additional six-month extension from the date of permit issuance.
(2)
Should the appellant or applicant fail to obtain the necessary permits within said six-month period or, having obtained the permit, should appellant or applicant fail to commence work thereunder within such six-month period, it shall be conclusively presumed that appellant or applicant has waived, withdrawn or abandoned his/her/its/their application, and all approvals and permits granted to him/her/it/them shall be deemed automatically rescinded by Borough Council.
(3)
Should the appellant or applicant commence construction or alteration within said six-month period but should he/she/it/they fail to complete such construction or alteration within said twelve-month period, Borough Council may, upon 10 days' prior written notice, rescind or revoke the granted conditional use if Borough Council finds that no good cause appears for the failure to complete within such twelve-month period, and if Borough Council further finds that conditions have so altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.