The proposed use conforms to the district, is listed as a conditional use therein, and complies with the general regulations of this chapter.

The proposed use meets any and all special standards which apply to such use as set forth in this chapter.

The proposed use does not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person, and complies with the performance standards of this chapter, the Borough's Subdivision and Land Development Ordinance[1] or any other provision of the Code of Manor Borough, and any other ordinance, law, rule or regulation associated with same.

The proposed use is sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not adversely affect:

The proposed use will produce a total environmental effect consistent with and not harmful to the environment and character of the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding properties, the probable hours of operation, the activities to be conducted and the number of people to be assembled or to use the premises at any one time.

The proposed use organizes vehicular access and parking to minimize conflicting traffic movement on adjacent streets and within the site.

The proposed use will promote the objectives of this chapter and shall be consistent with the Comprehensive Plan of and for Manor Borough.

The application for a land development containing a conditional use shall include not less than seven prints of a site map and a proposed site development plan for the conditional use. The application shall also be submitted along with any documents required for a grading permit and any other information required for the Planning Commission to make preliminary determinations as to whether the proposed conditional use meets all applicable standards established for the requested use.

The Planning Commission may request additional information from the applicant as is deemed necessary for the consideration of the request. The Planning Commission shall thereafter make preliminary determinations and recommend approval or disapproval of the proposed conditional use in accordance with the standards set forth for the conditional use.

The Borough Council may approve or disapprove the conditional use and/or site development plan for a proposed conditional use following review and recommendation from the Planning Commission. The Planning Commission may recommend that the proposed conditional use be granted, denied or granted with reasonable conditions and safeguards to ensure its compliance with this Part and as it may deem necessary to implement the purposes of this chapter.

The Council may accept, reject or modify the recommendations of the Planning Commission and, upon granting such relief, attach such conditions as they deem appropriate to any approval. Approval may be conditioned upon the grant of relief (i.e., dimensional variances, etc.) by the Zoning Hearing Board where same is required, but such conditional approval by Council shall not be binding on the Zoning Hearing Board, and any conditional use approval shall be deemed vacant if any requested relief is denied by the Zoning Hearing Board.

The approval of a conditional use shall not be official, and no grading, building, occupancy or other permit shall issue until and unless any site plan for the development of the approved use is approved and executed by the Council of Manor Borough and recorded with the Recorder of Deeds of Westmoreland County, Pennsylvania.

All development, construction and use of the site shall be in accordance with the conditional use approval and the approved plan, unless an application for a revised site plan is submitted to and approved by the Borough. Borough Council may, at their discretion, refer any request for site plan revision to the Planning Commission for review, comment and recommendation. Any development contrary to the approved plan shall be a violation of this chapter. Any requested revision to, or modification of, a previously granted conditional use shall follow the same procedure as an original request for conditional use approval.

The Zoning Hearing Board shall hear and decide requests for special exemptions as indicated within the Table of Uses, attached as Appendix A to this chapter, and elsewhere within this chapter. A special exemption is issued for an exceptional use, which may be authorized within a particular zoning district if the Zoning Hearing Board determines it is available within the district. Such uses are made available as a privilege, not as a right; provided that the requisite facts and conditions detailed in this chapter are found to exist. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

In considering applications for special exemptions and variances in floodplain districts, the Zoning Hearing Board shall give due consideration to the danger to life and property caused by increased flood heights or velocities which may result from the proposed use or encroachment. No special exception or variance shall be granted for any proposed use, development or activity within the floodway unless such approval is conditioned upon the grant of a variance by Borough Council pursuant to the terms of this chapter and Chapter 8, Floodplains, of the Code of the Borough of Manor.

In the event that the Zoning Hearing Board grants relief within a floodplain, the Board shall notify the applicant for such special exception or variance, in writing, that the construction of a structure below the 100-year flood elevation increases risks to life and property and may result in increased premium rates for flood insurance.