Pittston City Zoning Code
ARTICLE VII
Conditional Uses
§ 480-31 General.
The principal objective of this zoning code is to provide for an orderly arrangement of compatible buildings and land uses, and for the property location of all types of uses required for the social and economic welfare of the community. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various use districts established by this Code. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of the unusual characteristics of the service they provide the public. These conditional uses require particular considerations as to their proper location to adjacent, established or intended uses, or to the planned growth of the community. In granting any conditional use, the City Council may attach such reasonable conditions and safeguards as it may dem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 480-32 Hearings and decision.
The City Council shall hear requests for conditional use applications, as permitted under the provisions of this chapter.
A.
City Council shall schedule and hold a public hearing on the application pursuant to public notice within 60 days from the date of the applicant's request for a hearing. The request for a hearing shall be accompanied by a completed application on the required form. The date for scheduling the first hearing may be extended by the applicant on the record or in writing addressed to the City Council, in which event the date agreed upon by the applicant shall be considered timely for purposes of this subsection.
B.
The applicant shall provide written notification of the filling of an application for conditional use to all property owners within 200 feet of the subject property as follows:
(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 Luzerne County.
(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 City Council. The applicant shall provide a copy of the actual notice mailed and the list of names and addresses to which the notice was sent.
C.
Prior to the commencement of the conditional use hearing or during the proceedings of the conditional use hearing, the City Council may consider the comments of the Planning Commission, Planning Director, Zoning Officer, City Engineer, the appointed professional consultants and/or other agencies that could assist the City Council with the merits of the conditional use application.
D.
City Council shall conduct the hearing or may appoint an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the City Council. The applicant, in addition to the City Council, may, prior to the hearing, waive decision of findings by the City Council and accept the decision or findings of the hearing officer as final. All hearings must be completed no later than 100 days after the completion of the applicant's case in chief.
E.
Any substantial revisions to the application or plan made by the applicant subsequent to filing of the application may be subject to further review and recommendation by City staff or consultants. In such cases, the Zoning Officer shall secure from the applicant a written extension of the date within which City Council must hold a public hearing according to the provisions of this chapter. If the applicant fails to execute the extension, the City Council shall decide the conditional use application based on the original plan and application on file.
F.
A stenographic record of the hearing shall be made by a certified court reporter, whose appearance fees shall be reimbursed through the application fee paid to the City as part of the initial application. The cost of the original transcript shall be paid by the City or by any party requesting an original transcript. The cost of additional copies shall be paid by the party requesting such copies.
G.
City Council shall render a written decision or make written findings when no decision is called for on the conditional use application within 45 days after the last hearing before City Council. The date of the decision may be extended by the applicant either on the record or in writing addressed to the City Council. In cases where the application is contested or denied, each decision shall be accompanied by findings of fact, reasons or conclusions based thereon.
H.
If, after the conclusion of the public hearing(s), the application is amended or revised, City Council shall hold one or more public hearings thereon as may be necessary and shall issue a new decision. In the event that City Council fails to commence the public hearing within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the Court of Common Pleas, 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 City Council failed to commence the hearings, complete the hearings or render a decision as required by this section, City 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 the public notice requirements of this section. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
I.
Unless otherwise specified by City Council in its decision and order, a conditional use approval shall expire if the applicant does not secure a building permit or, in cases where a building permit is not required, a use and occupancy permit, within 12 months from the date of the written approval of the conditional use application. An applicant may make a written request to City Council for an extension of time based upon a reasonable cause shown. No formal hearing shall be required for such an application. An extension may be granted by City Council for a period of time City Council considers appropriate.
