The purpose of special exception use regulations
is to provide additional standards for controlling the unique or special
characteristics of certain uses with limited potential for Borough-wide
impact which otherwise conform to uses permitted in their respective
districts.
Decisions for granting or denying special exception use permits shall be made by the Zoning Hearing Board as provided for in Article
X.
A. Decisions.
(1) Decisions of the Board shall be made pursuant to standards
and criteria expressed in this article, to regulations for the respective
districts in which the uses are located and to all other requirements
of this chapter. Further, only those uses which are specifically enumerated
as special exception uses in the appropriate table for the zone district
may be reviewed as to establishment of said use in said zone district.
(2) The Board shall grant an approval for a special exception
use only if it finds adequate evidence that the proposed use meets
both the general and specific requirements for such use.
B. Effect of changes on application.
(1) When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in Article
III, no change or amendment of the zoning, subdivision or other governing ordinance or plans 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 the governing ordinances or plans as they stood at the time the application was duly filed.
(2) Provided, further, that should such an application
be approved by the Zoning Hearing Board, 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 as may be specifically
requested of and approved by the Zoning Hearing Board following the
date of such approval in accordance with the provisions of the governing
ordinances or plans as they stood at the time the application was
duly filed before the Zoning Hearing Board.
(3) If either a land development or subdivision plan is
so filed within said period, such plan shall be subject to the provisions
of the Pennsylvania Municipalities Planning Code (Act 247, as amended),
Section 508(1) through (4), and specifically to the time limitations of Section 508(4),
which shall commence as of the date of filing such land development
or subdivision plan.
C. Site plan. A plan for the proposed development of
a site for a special exception use shall be submitted with the application
for a special exception permit. Such plan shall show the location
of all buildings, open space, parking areas, traffic access and circulation,
landscaping and any and all other information required for determining
the conformance of the special exception use with the regulations
for that use.
D. General standards. Decisions for granting all special
exception uses shall be guided by the following general standards:
(1) The proposed use shall not jeopardize the objectives
of the Comprehensive Plan.
(2) Public services and facilities such as streets, sewers,
water, police and fire protection shall be adequate for the proposed
use.
(3) Existing and future streets and access to the site
shall be adequate for emergency services, for avoiding undue congestion
and for providing for the safety and convenience of pedestrian and
vehicular traffic.
(4) The relationship of the proposed use to other activities
existing or planned in the vicinity shall be harmonious in terms of
the location and size of the site relative to the proposed operation
and the nature and intensity of the operation involved.
(5) The relationship of the proposed use to other activities
existing or planned in the vicinity shall be harmonious in terms of
the character and height of buildings, walls and fences so that the
neighboring property is not impaired.
(6) The proposed use shall not be more objectionable in
its operations in terms of noise, fumes, vibrations, smoke, fly ash
or flashing lights than would be the operations of any permitted use
in the district.
(7) Any other reasonable conditions and safeguards, in
addition to those expressed in this chapter, may be implemented by
the Board if the Board deems it necessary for implementing the purposes
of the Pennsylvania Municipalities Planning Code (Act 247, as amended) and this chapter.