[Ord. 658, 4/9/2015]
1.
Applications for special exceptions, when listed as permissible by
this chapter, shall be approved or denied by the Zoning Hearing Board
in accordance with the standards and criteria of this Part.
2.
Special exceptions are unique and their effect on the surrounding
environment cannot be determined in advance of the use being proposed
for a particular location. At the time of application, a review of
the location, design, configuration, and potential impact of the proposed
use shall be conducted by the Township by comparing the use to established
development standards and design guidelines. This review shall determine
whether the proposed use addresses the general and specific standards
and criteria identified in this Part, and chapter, and whether it
should be permitted, by weighing the public need for, and the benefit
to be derived from, the use, against the impact which it may cause.
[Ord. 658, 4/9/2015]
1.
Application Procedure.
A.
An application for special exception approval shall be filed with
the Planning Director, on forms prescribed by the Township, at least
14 calendar days prior to the date of the Planning Commission's next
regular monthly meeting. A special exception application shall not
be considered to be administratively complete until all items required
by this chapter, including the application fee and deposit, have been
received by the Township.
B.
The Planning Director shall review the application to determine whether
all materials required by this chapter have been submitted by the
applicant. If all such materials have not been submitted by the applicant,
then the Planning Director shall reject the application as being administratively
incomplete and shall notify the applicant, in writing, citing the
specific deficiencies and the specific requirements of this chapter
that have not been met and returning the applicant's application fee
and deposit.
C.
Within five days of receipt of an administratively complete application,
the Planning Director shall submit one copy of the application and
any materials submitted therewith to the following entities and individuals
for review: the Zoning Hearing Board; the Zoning Hearing Board Solicitor;
the Environmental Advisory Council (as appropriate); the MTA (as appropriate);
the Township Engineer (as appropriate); and any other appropriate
Township personnel or professional consultants.
D.
The Planning Director shall provide one copy of an administratively
complete application and any materials submitted therewith to the
Planning Commission by no later than the Friday prior to the date
of the regular monthly meeting of the Planning Commission.
E.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the conditional use application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations which he shall provide to the Zoning Hearing Board, Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
F.
The Planning Commission shall review the application and forward
its recommendation to the Zoning Hearing Board.
G.
The Zoning Hearing Board shall hold a public hearing, pursuant to
public notice, within the time periods and procedures required by
the MPC. The public hearing shall commence within 60 days of the date
of the filing of an administratively complete application. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC.
H.
The Zoning Hearing Board shall render a written decision on the special
exception application within 45 days of the last hearing. Where the
application is contested or denied, the Zoning Hearing Board decision
shall be accompanied by findings of fact and conclusions based thereon,
together with any reasons therefor. Conclusions based on any provisions
of this chapter or any other rule, regulation, ordinance or statute
shall contain a reference to the provision relied upon and the reasons
why the conclusion is deemed appropriate in light of the facts found.
I.
In granting a special exception pursuant to this chapter, the Zoning Hearing Board may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Moon Township Code of Ordinances, the Township Standard Details and any other ordinance or resolution of the Township, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
J.
A copy of the decision or, where no decision is called for, of the
findings, shall be delivered to the applicant in accordance with the
applicable provision(s) of the MPC.
K.
All development, construction and use shall be in accordance with
the approved special exception decision and plan, unless an amended
special exception application is submitted and approved. The approved
special exception plan shall consist of the application, as submitted,
together with all of its attachments and exhibits, as finally approved
by the Zoning Hearing Board, and the special exception decision. Any
development contrary to the approved special exception decision and
plan shall constitute a violation of this chapter.
2.
Application Content.
A.
All applications for special exception approval shall demonstrate
compliance with: the general standards and criteria of this Part;
the applicable express standards and criteria of this Part; and the
applicable lot and yard requirements of the zoning district in which
the use is proposed.
B.
All applications for special exception approval shall be submitted
to the Planning Director, in the form prescribed from time to time
by the Township, with not fewer than:
(1)
Six full scale copies and eight half-scale copies (with a minimum
scale of one inch equals 200 feet) of all required plans, maps and
drawings.
(2)
Four copies of all other reports and materials that are required
as part of the application.
(3)
One electronic version (in a Township-compatible format) of
all plans, maps, drawings, reports and other materials required as
part of the application.
C.
All applications for special exception approval shall contain the
following:
(1)
A development plan, as defined by this chapter.
(2)
A written narrative setting forth the following:
(a)
The manner in which the application complies with each of the special exception general standards and criteria of § 27-903 of this Part.
(b)
The manner in which the application complies with each of the
special exception express standards and criteria referenced in this
Part for the specific type of proposed use, development, or request.
(3)
A legal document verifying applicant's legal interest in the
subject property (i.e., deed, sales agreement, lease).
(4)
The application fee and deposit in an amount set from time to
time by resolution of the Board of Supervisors.
(5)
Construction plans, where renovations or modifications of an
existing building are immediately contemplated, showing the scope,
nature and extent of said renovations or modifications.
3.
Expiration of Approval. The grant of a special exception shall expire
one year after the date of the Zoning Hearing Board's written decision
unless: (A) the applicant has applied for and obtained a building
permit and commenced construction; or (B) in a case where the special
exception does not require the issuance of a building permit, the
applicant has applied for and obtained a zoning and occupancy permit
and has commenced the use which is the subject of the special exception
approval. Expiration of the special exception approval under this
section shall require the applicant to re-apply for special exception
approval.
[Ord. 658, 4/9/2015]
1.
General Standards and Criteria. The proposed use, development, or
request shall comply with the following general standards and criteria,
which are in addition to any other requirements in this chapter for
a specific type of use, development, or request:
A.
The proposed use will not alter the established character and use
of the neighborhood or district in which it is located, and will not
substantially impair the use or development of adjacent properties.
B.
The establishment, maintenance, location and operation of the proposed
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
C.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county, and Township laws, statutes, ordinances and regulations including, but not limited to, the Subdivision and Land Development Ordinance [Chapter 22]; the Stormwater Management Ordinance [Chapter 23]; and the Moon Township Code of Ordinances.
D.
The proposed use is compatible with surrounding land uses. It does
not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare,
restrictions to natural light and air circulation or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
E.
The proposed site of the special exception is suitable in terms of
topography, soil conditions and size, based on number of projected
users and the frequency of use of the proposed use.
F.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe and efficient internal circulation and sufficient
off-street parking and loading.
G.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, stormwater management,
solid and toxic waste storage and disposal.
H.
The proposed use provides landscaping, screening and bufferyards
sufficient to protect the use, enjoyment and development of adjacent
properties.
2.
Express Standards and Criteria. The proposed use, development, or
request shall comply with the express standards and criteria applicable
to the proposed use, development, or request specifically referenced
in this Part.
[Ord. 658, 4/9/2015]
The keeping of horses shall be a permitted special exception
subject to the following express standards and criteria:
A.
A private stable shall be permitted on a lot containing not less
than five acres. Not more than two horses shall be maintained on the
first five acres of land and not more than one additional horse shall
be maintained for each additional acre of land in excess of five acres.
B.
A private stable shall be for the personal use of the landowner or
occupant of the lot and shall not involve rental, boarding or any
other activity involving consideration.
C.
All stables shall be located as far from all property lines as the
shape of the lot will permit, and in no instance shall the stable
be closer than 100 feet to a dwelling unit used for human habitation,
other than the landowner's or occupant's dwelling.
D.
Perimeter fences shall be constructed around all fields and meadows
that are used for horse grazing, feeding, exercising, and similar
activities. No perimeter fence shall be closer than 10 feet from a
lot line.
E.
Exercising of horses shall not be permitted on streets.
F.
The landowner or occupant shall be responsible for collecting and
disposing of litter and droppings from the horses in such a way as
to minimize the presence of fly larvae or objectionable odors.
G.
The owner and operator of the facility shall incorporate best management
practices (BMPs) for erosion and sedimentation control as described
in the DEP Erosion and Sediment Pollution Control Program Manual (March
2012, as amended), and stormwater management as described in the DEP
Stormwater Best Management Practices Manual (December 2006, as amended)
in order to minimize negative impacts of erosion, siltation and surface
water and ground water contamination. The applicant shall submit a
report describing the BMPs that will be used on the site and notify
the Township whenever a change is made to those BMPs. Whenever a change
is made to BMPs used on the site, the owner and operator shall certify
that the new BMPs provide equal or greater pollution prevention protection
than the former management practice.
[Ord. 658, 4/9/2015]
The enlargement or expansion of a nonconforming use shall be
considered a use by special exception subject to the following express
standards and criteria:
A.
The proposed enlargement or expansion shall be necessitated by the
natural growth of trade of the nonconforming use.
B.
The proposed enlargement or expansion shall not result in an increase
in noncompliance, if any, with lot and yard requirements.
C.
The proposed enlargement or expansion shall comply with the lot,
height and yard requirements of the zoning district in which the nonconforming
use is located.
D.
The total lot coverage shall not exceed the maximum permitted in
the most restrictive zoning district in which the use is authorized
as a permitted use, conditional use, or special exception.
E.
The proposed enlarged or expanded portion of the nonconforming use
shall comply with the off-street parking and loading requirements
of Part 6.
F.
The proposed enlargement or expansion shall utilize the original
lot on which the nonconforming use was established; the proposed enlargement
or expansion shall not utilize adjoining lots.
G.
Where the proposed enlargement or expansion involves a structure,
the proposed enlargement or expansion shall become an attached part
of the main structure on the subject property.
H.
The proposed enlargement or expansion shall not displace a conforming
use.
I.
The proposed enlargement or expansion shall not present a threat
to the health or safety of the community or its residents.
