The following procedures shall apply to all applications for
approval of a special exception in all zoning districts.
A.
In evaluating an application for a special exception use, the Township
shall apply the guidelines and procedures set forth in the MPC.
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 F 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 Township.
(2)
Meets all other requirements of this chapter in the zoning district
where the use is proposed.
(3)
Is in general conformity with the 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.
D.
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.
E.
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.
F.
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 Township, shall be submitted.
G.
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.
H.
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.
I.
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.
J.
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.
Persons with a claim for reasonable accommodation under the Fair
Housing Amendments Act or the Americans with Disabilities Act shall
submit an application for a special exception to the Zoning Hearing
Board. The Zoning Hearing Board shall require the information outlined
on said application.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s)
necessary in its discretion to elicit information or argument pertinent
to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing; the
discussion shall be issued to the applicant and the Board of Supervisors
within 30 days of filing of the request for accommodation or at the
next regularly scheduled Zoning Hearing Board meeting, whichever is
the later of the two.
D.
A request for reasonable accommodation should be directed to the
Zoning Hearing Board. In considering a request for reasonable accommodation,
the Zoning Hearing Board shall, with the advice of the appointed legal
counsel, apply the following criteria:
(1)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(3)
A description of hardship, if any, that the applicant will incur
absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other
landowners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by the Comprehensive
Plan and the community development objectives set forth in this chapter.
(7)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Township.
(8)
The extent to which the requested accommodation would impose
an undue hardship upon the Township.
(9)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Township's regulatory policies,
objectives and regulations.
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to nonhandicapped
or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when they are no longer needed to provide handicapped or disabled
persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase
the value of the lot during and after its occupancy by the applicant.
