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 the Borough.
(2)
Meets all other requirements of this chapter in the zoning district
where the use is proposed.
(3)
Is in general conformity with the Etna-Millvale-Sharpsburg Multi-Municipal
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.
A.
Artisan workspace/sales.
(1)
A delivery zone plan acceptable to the Borough Engineer shall be
submitted to demonstrate adequate delivery and associated circulation
areas do not conflict with existing Borough development and circulation
patterns.
(2)
A listing of products which contain toxic and/or explosive materials
shall be kept on record at all times.
(3)
There shall be no exterior display or sign (except as permitted in
the regulation of signs in this chapter), no exterior storage of materials,
and no other exterior indication of the home occupation or variation
of the residential character of the main building. In order to minimize
conflict with surrounding residential neighborhood activity, an artisan
workplace/sales area shall occupy a structure which is residential
in character.
(4)
As regulated by the chapter's performance standards, no offensive
noise, vibration, smoke or other particulate matter, heat, humidity,
glare or other objectionable effects shall be produced.
(5)
Under no circumstances shall an artisan workplace/sales be interpreted
to permit a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop, or any occupation where the principal
activity involves sales offered across the counter.
B.
Hospital. The landowner and/or developer shall be required to prepare
and submit a traffic impact analysis of the proposed development.
Potential implementation strategies of necessary infrastructure and/or
safety improvements shall be identified in response to the analysis
findings.
C.
Public utility building.
(1)
Front, side and rear yards shall be provided in accordance with the
regulations of the zoning district in which the facility is located.
(2)
Height restrictions shall be as required by the zoning district regulations.
(3)
Unhoused equipment shall be enclosed within a fence constructed of
materials present on the majority of adjacent principle structures.
Said fence shall be a minimum of six feet in height.
(4)
Housed equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required and the yards
shall be maintained in accordance with the zoning district in which
the facility is located.
(5)
The external design of the building shall be to the greatest extent
possible in conformity with the design of the majority of buildings
on the block, block face and adjacent lots of the subject lot.
D.
Terminal facility. A circulation plan shall be submitted as part
of the application and subject to Borough review to ensure safety
of lot ingress and egress.
E.
Tower, non-communication. Must be designed so that the structure
collapses upon itself in the event of structural failure.
F.
Theater.
(1)
A theater/auditorium's primary visitor dropoff and pickup area shall
be located in a manner that minimizes detrimental traffic impacts
(both pedestrian and vehicular) on the surrounding neighborhood.
(2)
All parking shall be provided on the same lot as the principal building.
(3)
For parking lots that provide space for more than 50 cars, a theater/auditorium
shall have two direct points of ingress/egress from the adjoining
arterial and/or collector street(s). The points of ingress/egress
shall be located in a manner that minimizes detrimental traffic impacts
(both pedestrian and vehicular) on the surrounding neighborhood.
(4)
For parking demands greater than 50 automobiles, additional setbacks,
screening and buffering of off-street parking and loading areas shall
be incorporated as defined by the Borough to be provided in order
to protect the surrounding neighborhood from inappropriate noise,
dust, light and other disturbances.
(5)
Any additional standards that are needed to protect public health,
safety, and welfare or to address unique characteristics of a particular
lot defined by the Borough shall be complied with by the landowner
and/or developer.
(6)
Hours of operation shall be scheduled to ensure compatibility with
surrounding land uses. Hours of operation for outdoor facilities shall
be approved by the Borough.
(7)
Noise generated from any performance activity shall not be exceed
100 decibels with 100 feet of the lot line of said use.
