The purpose of special exception is to provide additional standards for controlling the unique or special characteristics of certain uses which otherwise conform to uses permitted in their respective districts.
Decisions for granting or denying special exception permits shall be made by the Zoning Hearing Board as provided for in Article XII.
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 the chapter.
(2) 
The Board shall grant an approval for a special exception only if it finds adequate evidence that the proposed use meets both the general and specific requirements for such use.
B. 
Effect of ordinance 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 II, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall effect 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, 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 as may be 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 limitation of Section 508(4),[1] which shall commence as of the date of filing such land development or subdivision plan.
[1]
Editor's Note: See 53 P.S. § 10508.
C. 
Site plan. A plan for the proposed development of a site for a special exception shall be submitted with the application for a special permit to the Zoning Officer. Such plan shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping and any other information required for determining the conformance of the special exception with the regulations for that use and the survey shall be prepared by a Pennsylvania registered engineer or registered surveyor and contain their raised seal.
D. 
General standards. Decisions for granting all special exceptions shall be guided by the following general standards:
(1) 
The proposed use shall not jeopardize the objectives of the Comprehensive Plan;
(2) 
Public and semipublic 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 property is not impaired;
(6) 
The proposed use shall not be more objectionable in its operation in terms of noise, fumes, vibrations, smoke, fly ash, or lights (such as flashing, neon, flood, spot, etc.) 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 imposed by the Board, if the Board deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2] and this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.