[Ord. 96-267, 5/2/1996]
To allow certain authorized uses in the Township to be permitted
by special exception procedure so that the Township can provide specific
criteria and standards for selected developments.
[Ord. 96-267, 5/2/1996]
The Board shall hear and decide requests for special exceptions in accordance with the procedures of Part
11, Administration.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, 11/6/1997,
§ 37]
The Board shall grant a special exception only if it finds adequate evidence that any proposed development will meet all of the following general requirements as well as any specific requirements and standards listed in §
27-804. The Board shall among other things require that any proposed use and location be:
A. In accordance with the Comprehensive Plan and is consistent with
the spirit, purposes, and the intent of this chapter.
B. In the best interests of the Township, the convenience of the community,
the public welfare, and be a substantial improvement to the property
in the immediate vicinity.
C. Suitable for the property in question, and designed, constructed,
operated, and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
D. In conformance with all applicable requirements of this chapter,
including but not limited to all of the provisions of Parts 3, 4,
and 5 and all of the Township ordinances.
E. Suitable in terms of effects on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
F. The applicant shall have the duty of initial presentation of evidence
and the burden of persuasion with respect to proving that the proposed
use is permitted by a special exception and with respect to proving
all applicable requirements of this part, except for Subsections .A,
.B, and .C. The applicant shall have the burden of persuasion with
respect to Subsection .B. As to Subsections .A and .C the protestant
shall have both the duty of initial presentation of evidence and the
burden of persuasion.