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West View City Zoning Code

ARTICLE XIII

Approval of Conditional Uses

§ 290-55 Standards and criteria; procedure.

A. 
In any instance where the Borough Council is required to consider a request for a conditional use, standards and criteria to be met before such a request is granted shall include but not be limited to the following:
(1) 
The size, scope, extent and character of the conditional use requested shall be consistent with the Comprehensive Plan of the Borough and promote the harmonious and orderly development of the zoning district involved.
(2) 
The proposed use, change or modification shall constitute an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially injure or detract from the use of surrounding property or the character of the neighborhood in light of the zoning classification of the area affected. Consideration with respect to this standard shall take into account:
(a) 
The effect on other properties in the area.
(b) 
The number, extent and scope of nonconforming uses in the area.
(c) 
The presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.
(3) 
The proposed use shall be suitable with respect to traffic and highways in the area and shall provide for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazards.
(4) 
Major street and highway frontage shall be developed so as to limit the total number of access points.
(5) 
The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection and public schools, and shall assure adequate arrangements for sanitation in specific instances.
(6) 
All commercial or industrial parking, loading, access or service areas shall be adequately illuminated at night while in use and arranged so as to comply with the requirements of this chapter.
(7) 
Conditions shall be imposed on the granting of the request necessary to ensure that the general purpose and intent of this chapter is complied with, and that the use of the property adjacent to the area included in the proposed use is adequately safeguarded with respect to the harmonious design of buildings, aesthetics, plantings and their maintenance as a sight or sound screen, landscaping, hours of operation, lighting, number of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
(8) 
The proposed use or development shall protect and promote the safety, health, morals and general welfare of the Borough.
B. 
In considering any conditional use, the Borough Council may prescribe additional appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made a part of the terms under which approval the conditional use is granted, shall be deemed a violation of this chapter and punishable under the provisions of § 290-44.
C. 
Applications for conditional uses in a R-P District shall be reviewed and approved in accordance with the procedure established in § 290-12.
D. 
Prior to consideration by the Borough Council, applications for conditional uses shall be reviewed and approved by the Planning Commission in accordance with the provisions of Article XII of this chapter.