Sellersville City Zoning Code
ARTICLE XIA
Conditional Uses
§ 160-122.1 Applicability.
Borough Council shall have the power to approve or deny all applications for conditional uses when any proposed use is designated a conditional use in this chapter.
§ 160-122.2 Application requirements.
A.
Written application. All applications for conditional use approval shall be made in writing, requesting Borough Council to hold a hearing on such application. The application shall be accompanied by plans and other material demonstrating compliance with this chapter and all other applicable requirements for obtaining conditional use approval.
B.
Fees. The applicant shall pay a fee in accordance with a fee schedule adopted by resolution of Borough Council, as amended from time to time, at the time of filing an application for conditional use approval.
§ 160-122.3 Procedures.
A.
Review by Planning Commission. The Borough Planning Commission shall provide an advisory opinion to Borough Council on an application for conditional use approval prior to the public hearing held by Borough Council.
B.
Hearing procedures. Borough Council shall conduct hearings and make decisions on all applications for conditional use approval. The President of Borough Council shall have the power to administer oaths of witnesses. Except as otherwise modified by this section, the procedures set forth in the Pennsylvania Municipalities Planning Code[1] for conditional uses, and the procedures set forth in § 160-133 of this chapter, shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 160-122.4 General requirements and standards applicable to all conditional uses.
Borough Council shall grant an application for conditional use only if it determines that the applicant has established that the proposed use will meet all of the following general requirements and standards, as well as any specific requirements and standards applicable to the proposed use. Borough Council shall require, among other things, that any proposed use and location be:
A.
Consistent with the Borough's Comprehensive Plan;
B.
Consistent with the spirit, purposes, and intent of this chapter;
C.
In the best interest of the Borough, the community, and the public welfare;
D.
Not detrimental to other properties in the immediate vicinity of the proposed use;
E.
Suitable for the property in question and designed, constructed, operated, and maintained to be in harmony with, and appropriate in appearance with, the existing or intended character of the general vicinity;
F.
In conformance with all applicable requirements of this chapter and all other Borough ordinances;
G.
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazards.
§ 160-122.5 Additional conditions.
Borough Council may attach conditions to the grant of conditional use approval, in addition to those expressed in this chapter, that it deems reasonable and necessary to ensure that the proposed use substantially meets the objectives of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 160-122.6 Expiration.
A conditional use approval shall expire on the one-year anniversary of such approval unless the applicant obtains a zoning permit prior to such time; provided, however:
A.
If the applicant requires subdivision or land development approval, the conditional use shall expire if the applicant:
(1)
Fails to file the required subdivision or land development application within one year of the date of the conditional use approval; or
(2)
Fails to commence construction within two years of the date of the conditional use approval, unless an extension is granted by Borough Council for good cause shown;
B.
Borough Council may grant one extension of time, not to exceed one year, if the applicant requests such an extension in writing and establishes good cause for such an extension;
C.
A conditional use approval shall expire if such use shall cease to operate for a period of one year or more.