The Zoning Hearing Board shall hear and decide petitions for
special exceptions specifically authorized in this chapter. Decisions
to grant or deny the petition shall be subject to the following:
A. Such use shall be specifically authorized as a special exception
in this chapter; and
B. The special exception use shall satisfy all requirements and conditions
specified within this chapter; and
C. Reasonable conditions and safeguards, in addition to those expressed
in this chapter, may be required by the Board in granting the special
exception where it is deemed necessary to implement the purposes and
intent of this chapter; and
D. The special exception shall be compatible with adjacent and nearby
properties and shall not adversely affect the public health, safety
or interest; and
E. The special exception use shall be designed to provide satisfactory
arrangement for:
(1)
Ingress and egress to property and proposed structures thereon,
with particular reference to automotive and pedestrian safety and
conveniences, traffic flow and control, and the access in case of
fire or catastrophe; and
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection
E(1) above, the requirements of Article
XIX of this chapter, and the economic, noise, glare, or odor effects of the special exception on adjoining properties in the district; and
(3)
Refuse and service areas to be located and maintained in a safe
and sanitary manner, well screened on three sides. Trash and rubbish
shall be stored in covered vermin-proof containers; and
(4)
Utilities to be located underground where possible and to be
compatible with the surrounding area. Availability, ease of access
and safety precautions shall be considered; and
(5)
Screening and buffering with reference to type, dimensions, and character, in accordance with Article
XIX of this chapter; and
(6)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district and compliance with Article
XXII of this chapter; and
(7)
Required yards and other open space as specified elsewhere in
this chapter.
The Zoning Hearing Board shall hear challenges to the validity
of the zoning ordinance or map, except as provided by Act 247. In all such challenges, the Zoning Hearing Board shall
take evidence and make a record thereon. At the conclusion of the
hearing, the Zoning Hearing Board shall decide all contested questions
and shall make findings on all relevant issues of fact.