MapLink™ | Procedures | Conditional Uses

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Conditional Uses
Conditional uses may be authorized only in accordance with the procedures set forth in § 400-38 of this Part 1 (See Application for conditional use below). In judging any application for a conditional use, Borough Council shall give careful consideration to the standards and criteria set forth in this section. In preparing recommendations for Borough Council regarding any application for a conditional use, the Fox Chapel Planning Commission shall state the degree to which the application conforms to or departs from said standards and criteria and shall set forth any additional safeguards or conditions which appear reasonably necessary in the public interest.

Application for conditional use.
A. The Borough Manager or designee is authorized to develop an application and guidelines and establish a review and submission process with at least the following elements: presubmission meeting, application review for completeness, referrals, report writing, notifications, expert review, public hearing and action timelines consistent with the FCC SWF Order and other applicable regulatory and judicial actions.

B. All applications for a building permit or occupancy permit for a use which is a conditional use shall begin with a presubmission meeting with the Zoning Officer for application submission guidance prior to acceptance of the application submission for review.

C. Any application for a building permit or occupancy certificate for a use which is a conditional use in the district concerned shall be reviewed by the Zoning Officer and, if incomplete, returned promptly to the applicant and not considered to have been submitted. If complete, or when revised so as to be complete, it shall be marked as submitted to the Zoning Officer and referred by the Zoning Officer to the Fox Chapel Planning Commission.

D. The application must be accompanied by permit fees as set forth by resolution by Borough Council.

E. The Fox Chapel Planning Commission will examine the proposed conditional use in the light of the standards and criteria set forth in § 400-14 of this Part 1, state the degree to which the application conforms to or departs from the said standards and criteria, set forth any additional conditions or safeguards which appear reasonably necessary to implement the purpose of this part or the Planning Code, and recommend acceptance or rejection of the application, with or without conditions.

F. At the option of the Planning Commission, the Planning Commission may defer the making of the recommendation to the Borough Council until after a public hearing has been conducted by Borough Council on the proposed conditional use as hereinafter set forth. If the Planning Commission has deferred making a recommendation, then after a public hearing has been conducted on the proposed conditional use by Borough Council, the Planning Commission shall recommend acceptance or rejection of the application, with or without conditions, to the Borough Council.

G. Borough Council shall conduct a public hearing on the proposed conditional use within 60 days (30 days for application for conditional use of a co-located small wireless facility) from the date of submittal of the conditional use application. Said public hearing shall be advertised in the manner prescribed by § 400-51 of this Part 1. Council shall then vote to authorize or deny the conditional use, with or without safeguards or conditions proposed by the Planning Commission or otherwise.

H. The applicant shall be notified of the decision of Council by certified or registered mail within 45 days (30 days for application for conditional use of a co-located small wireless facility) of the last hearing before Borough Council. The written decision shall contain all findings and conclusions if the application is contested or denied, said written decision to be mailed within one day of its date. Conclusions shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

I. Approval of a conditional use application shall be in force for a period of one year from the date Council's written decision is delivered to the applicant and shall lapse at the end of that year if the work contemplated by the application has not been completed. If work is incomplete, applicant must reapply.