[Ord. 1112, 1/19/2010]
General criteria for evaluation of special exception uses:
B.
The consideration of a special exception use by the Zoning Hearing Board upon review of recommendations by the Planning Commission shall be predicated on the applicant's submission of a written application containing all of the information required under Subsection C of this section, together with a site plan meeting the requirements of Subsection E of this section.
C.
The written submission shall demonstrate that the development for
which the special exception use is sought will meet the primary criteria
outlined below:
(1)
Will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration as regulated by Part 9 of this chapter.
(2)
Meets all other requirements of this chapter in the zoning district
where the use is proposed.
(3)
Is in general conformity with the Mechanicsburg Borough Comprehensive
Plan and is attractive and in harmony with the area in which it is
proposed.
(4)
Is an appropriate use on the proposed lot as a use by special
exception.
(5)
If defined as part of any special exception approval, said special
exception use shall be completed within the identified time frame.
Also, the Zoning Hearing Board may grant an extension of time for
any completion date if the applicant or his agent requests such an
extension and if good cause for the extension is shown. If, at the
end of the identified time frame or extended completion period, the
special exception use is not completed, and if no extension has been
granted, the approval of the special exception use shall be null and
void.
(6)
Upon approval of any special exception by the Zoning Hearing
Board, any prior approved special exception for the same tract of
land shall become null and void.
(7)
Information, including the address of the applicant, the location
of the site, a listing of lot owners who shall receive notice of such
zoning application, the zoning district and other relevant information
as defined by the Borough, shall be submitted.
D.
In proceedings involving a request for a special exception, both
the duty of initially presenting evidence and the burden of persuading
the Zoning Hearing Board that the proposed use is available by special
exception and satisfies the specific or objective requirements for
the grant of a special exception as set forth in this chapter rest
upon the applicant.
E.
The site plan shall show to scale the entire lot to be ultimately
developed and shall indicate the location, height, and use of structures,
driveways, signs, parking areas and topographical and/or natural features
of the lot. An architectural rendering of the structures proposed
shall also be submitted.
F.
The Zoning Hearing Board may attach reasonable conditions in order
to protect the public's health, safety, and welfare. These reasonable
conditions may include but are not limited to increased screening.
G.
Approval of all uses by special exception contained in this chapter
shall be subject to periodic inspections by the Zoning Officer to
ensure compliance with the required conditions of approval. Such periodic
inspections shall be conducted annually while the use is conducting
active operations.
