A special exception use generally is an allowed use, provided
that it meets all of the requirements, standards and conditions of
this chapter.
A. Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B. Special exception procedure.
(2) All site plans shall contain the information required in §
400-54D.
(3) The Board shall follow the procedures provided in §
400-59.
(4) The Board shall hear and decide requests for all special exceptions
filed with the Borough staff in writing. The Board shall only permit
a special exception that is authorized by this chapter.
C. Consideration of special exception applications. When special exceptions
are provided for in this chapter, the Board shall hear and decide
requests for such special exceptions in accordance with stated standards
and criteria of this chapter. The Board may grant approval of a special
exception provided that the applicant meets the following standards
for special exceptions. The burden of proof shall rest with the applicant.
(1) Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions on the use enumerated in the section which gives the applicant the right to seek the use approval, including the general standards for a special exception, and any specific standards required for a particular use. The applicant shall provide the Borough with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations. See §
400-54 for application requirements.
(2) Traffic. The applicant shall establish by credible evidence that
the proposed use's peak traffic will be accommodated in a safe and
efficient manner or improvements made in order to effect the same.
(3) Site planning. The applicant shall establish by credible evidence
that the proposed use will be properly designed with regard to internal
circulation, parking, buffering, and all other elements of proper
design as specified in this chapter and any other governing law or
regulation.
(4) Neighborhood. The proposed use shall not substantially injure or
detract from the use of neighboring property or from the desirable
character of the neighborhood and the use of property adjacent to
the area included in the special exception application shall be adequately
safeguarded.
(5) Safety. The applicant shall establish by credible evidence that the
proposed use will not create a significant hazard to the public health,
safety and welfare, such as fire, toxic or explosive hazards.
D. Conditions. In granting a special exception, the Board may require
such reasonable conditions and safeguards, in addition to those required
for a particular use, as it determines are necessary to implement
the purposes of this chapter. Conditions imposed by the Zoning Hearing
Board shall automatically become conditions of the zoning and use
and occupancy permits issued pursuant thereto, and any failure to
comply with said conditions shall be a violation of this chapter.
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board.
A. Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(1) Ad. Public notice shall be published, as defined by § 107
of the Municipalities Planning Code. The notice shall state the time and place of the hearing
and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3) Persons given notice. The Borough shall provide written notice to
the applicant of the time and place of the hearing. The Borough should
also provide notice to the President of Borough Council. In addition,
the Borough shall endeavor to provide notice to the last known principal
owner of record of each property that is within 200 feet from any
boundary of the subject property, however, failure to provide such
notice shall not be grounds for an appeal. Also, such notice shall
be given to any other person or group (including civic or community
organizations) who has made a written timely request for such notice.
Any such notices should be mailed or delivered to the last known address.
First-class mail shall be sufficient for any mailed notices.
B. Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed in writing to an extension
of time.
C. Decision/findings.
(1) The Board shall render a written decision on each application within
45 days after the last hearing on that application before the Board,
unless the applicant has agreed in writing to an extension of time.
(2) Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
(3) References shall be provided to the most pertinent section(s) of
this chapter and/or the Municipalities Planning Code.
D. Notice of decision. A copy of the final decision shall be personally
delivered or mailed to the applicant or his/her representative or
to the address provided in the application or appeal or other address
provided, in writing, by the applicant not later than the time limit
established by the Municipalities Planning Code, as amended. (Note:
As of the adoption date of this chapter, such provisions were within
§§ 908(9) and 908(10) of such Act, including provisions
regarding notice to other parties.)
The provisions for appeals to court that are stated in the Municipalities
Planning Code, as amended, shall apply.