A.
General criteria for evaluation of special exception uses.
(2)
The granting of a special exception use by the Zoning Hearing
Board shall be predicated on:
(a)
The applicant's submission of a written application, together
with a site plan of the proposal, to the Zoning Officer;
(b)
Any recommendation from the Zoning Officer and/or Zoning Hearing
Board Solicitor; and
(c)
Testimony, whether written or spoken, from the Planning Commission
may also be requested and considered.
(3)
The written submission shall demonstrate that the development
for which the special exception use is sought will meet the primary
criteria outlined below:
(a)
Will not endanger the public health, safety and welfare 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 Article XI of this chapter;
(b)
Meets all other requirements of this chapter in the zoning district
where the use is proposed;
(c)
Is in general conformity with the ASO Joint Comprehensive Plan;
(d)
The special exception approval shall expire without written
notice to the applicant, if an application for development, grading,
building permit, or an occupancy permit has not been received by the
Borough within 18 months of the written decision. Before the expiration
date, two extensions may be granted upon receipt of a written request
from the applicant;
(e)
If all permits and other approvals have not been obtained in such period as defined in Subsection A(3)(d) above, the approval of the special exception use shall be null and void;
(f)
Approval of a new special exception shall deem any prior special
exception for the lot null and void.
(4)
All of the presentation of testimony, documentation and other
evidence to the Zoning Hearing Board to obtain a special exception
rests upon the applicant. The burden of proof that the proposed use
will not endanger the public health, safety and welfare of the community
and complies with the chapter rests entirely upon the applicant.
(5)
A scaled site plan of the subject lot(s) shall indicate the
location, height and use of the structures, driveways, parking areas,
signs, lighting, buffer yards, topography and/or natural features
of the lot. Elevations shall be submitted for all new buildings.
B.
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
and/or setbacks.
C.
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.
