Monaca City Zoning Code
ARTICLE XI
Conditional Uses Procedure
§ 245-75 Purpose.
The purpose of this article shall be to provide for certain uses in specified zoning districts which require a detailed and close examination by the Borough Council. Such uses will have a significant impact on a particular zoning district or the entire community; therefore, the uses necessitate additional safeguards and control.
§ 245-76 Administration.
A.
The applicant desiring conditional use approval shall file an application on forms provided by the Borough.
B.
Along with the application, the applicant shall file all maps, plans and text necessary to explain the proposed development and its compliance with the standards and criteria set forth in this chapter. Seventeen copies of said maps, plans and text shall be filed. The copies shall be distributed as follows: Planning Commission (five copies), Borough Council and Mayor (eight copies), Borough Engineer (one copy), Zoning Officer (one copy), Secretary (one copy) and Borough Solicitor (one copy).
C.
A complete application shall be filed by the applicant with either the Borough Secretary or the Zoning Officer. The Zoning Officer shall review the application to ensure that it is complete. If an application is incomplete, the Zoning Officer shall inform the applicant of the specific deficiencies of the application. Until a complete application is submitted by the applicant, the Borough shall not formally review the application.
D.
A fee for the application for conditional use may be prescribed by the Borough Council. Such a fee may be revised from time to time through resolution by Borough Council. If a fee is prescribed, it shall be submitted by the applicant to the Borough in conjunction with the application for conditional use.
E.
If approval for an application for conditional use is granted, the Zoning Officer shall issue a certificate of conditional use on a standardized form.
F.
If approval for an application for conditional use is granted but additional stipulations have been attached which must be adhered to before a certificate of conditional use can be issued, such additional stipulations shall be expressed in writing. The Zoning Officer, with assistance from the Borough Solicitor or the Borough Engineer, if necessary, shall prepare the written copy of additional stipulations. A written copy of the additional stipulations shall be forwarded to the applicant. From the date of receipt, the applicant shall have 14 days to accept or reject the additional stipulations. The applicant shall forward his decision, in writing, to the Borough Secretary or the Zoning Officer. If the applicant fails to act within the fourteen-day time limit, it shall be deemed that the applicant rejects the conditions stipulated.
G.
If an application for conditional use is not approved, the applicant shall be informed, in writing, of the denial and the specific reasons for the denial. The Zoning Officer, with assistance from the Borough Solicitor or the Borough Engineer, if necessary, shall prepare the written denial which is to be signed by the President of the Borough Council or the Borough Secretary acting as agent for the Borough Council.
§ 245-77 Procedures.
A.
Decisions regarding conditional uses shall be rendered by the Borough Council. When considering conditional uses, the Borough Council shall apply the standards and criteria detailed in Article IX to ensure that such a use is consistent with the purpose of this chapter, the Comprehensive Plan and other Borough development documents. Along with the standards and criteria expressed in this chapter, the Borough Council may attach additional reasonable conditions and safeguards it deems necessary to implement the purpose of this chapter.
B.
In considering an application for approval of a conditional use, Borough Council shall proceed as follows:
(1)
A public hearing, pursuant to public notice, as defined herein, shall be conducted by Borough Council.
(2)
The hearing shall be conducted by Borough Council or Borough Council may appoint any member or an independent attorney as a hearing officer.
(3)
The first hearing shall be commenced within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Zoning Hearing Board or Hearing Officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing, or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon request of the applicant, the Zoning Hearing Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. The applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
(4)
The decision, or, where no decision is called for, the findings, shall be made by Borough Council. However, the applicant, in addition to the Borough, prior to the decision, may waive decision or findings by Borough Council and accept the decision or findings of the hearing officer as final.
(5)
In granting a conditional use, Borough Council may attach 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.
(6)
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.
(7)
Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code[1] or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(8)
Where Borough Council fails to render a decision within the period required by this subsection or fails to commence, conduct or complete the required hearing in accordance with the provisions of this subsection, 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.
(9)
When a decision has been rendered in favor of the applicant because of failure of Borough Council to meet or render a decision, as herein provided, Borough Council shall give public notice, as defined herein, of the decision within 10 days from the last day it could have met to render a decision. If Borough Council fails to provide such notice, the applicant may do so.
(10)
A copy of the final decision, or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision.
(11)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
C.
When considering the recommendation of the Borough Planning Commission in regard to the conditional use, the Borough Council shall proceed as follows:
(1)
The Zoning Officer shall transmit a complete copy of the application to the Planning Commission in a timely manner.
(2)
Attempt to conduct the public hearing after the Planning Commission has had sufficient time to review the application and formulate a recommendation.
(3)
If, because of time constraints the Borough Council must conduct the public hearing before the Planning Commission has had sufficient time to review the application and formulate a recommendation, the Borough Council shall not render a decision until the Planning Commission has had 45 days to review the application and formulate a recommendation.
D.
Procedures of the Planning Commission.
(1)
The Planning Commission shall review the application for conditional use within the time constraints of this section.
(2)
When considering a conditional use, the Planning Commission shall apply the standards and criteria governing conditional uses detailed in Article IX to ensure that such a use is consistent with the purpose of this chapter, the Comprehensive Plan and other Borough development documents. Along with the standards and criteria expressed in this chapter, the Planning Commission may recommend additional reasonable safeguards it deems necessary to implement the purpose of this chapter.
(3)
The Planning Commission may, if it deems necessary, conduct its own public hearing. If such a hearing is held, it shall be conducted as follows:
(a)
The hearing shall be held pursuant to public notice and shall be conducted by the Planning Commission.
(b)
The hearing shall be scheduled and conducted within the time constraints placed on the Planning Commission by this section.
(c)
The applicant shall be given written notice of the hearing date, time and location. The applicant may be represented by legal counsel and/or present witness testimony.
(d)
The Planning Commission may render a formal decision. If such a decision is rendered, the Planning Commission shall incorporate its decision with its recommendations to the Borough Council and shall inform the applicant of the decision within five days from the date the official decision is rendered.
(e)
The applicant shall not pay a fee to defray the cost of such a hearing.
§ 245-78 Change in ordinance.
A.
When an application for a conditional use has been filed with the Borough Council and the subject matter of such an application would ultimately constitute either a land development or subdivision,[1] no change or amendment of this chapter shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of this chapter as it stood at the time the application was duly filed.
B.
Provided, further, should an application be approved by the Borough Council, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months, or longer if approved by the Borough Council, following the date of such approval. Such plans shall be submitted in accordance with the provisions of all Borough ordinances and plans governing land development as they stood at the time the application was duly filed before the Borough Council. If either a land development or subdivision plan is so filed within said period, such plans shall be subject to the time limitations and regulations stipulated by said ordinances. The time limitations shall commence as of the date of filing such land development or subdivision plan.