To allow certain authorized uses in the Borough to be permitted
by special exception procedure so that the Borough can provide specific
criteria and standards for selected developments.
The Board shall hear and decide requests for special exceptions in accordance with the procedures of Article XI, Administration and Enforcement.
A.
Before approving a special exception application, the Zoning Hearing
Board shall determine that the proposed use complies with the following
general standards and criteria, which are in addition to any other
requirements in this chapter for a specific type of use or development:
(1)
The proposed use shall conform to the district and special exception
provisions and all general regulations of this chapter.
(2)
The proposed use shall meet all special standards which may be applied
to its class of special exception use as set forth in this article.
(3)
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards set forth in § 375-27.
(4)
The proposed use shall be sited, oriented and landscaped so that
the relationship of its building and grounds to adjacent buildings
and properties does not impair health, safety or comfort and does
not adversely affect values of adjacent property.
(5)
The proposed use shall produce a total environmental effect which
is consistent with, and not harmful to, the environment of the neighborhood.
(6)
The proposed use shall organize vehicular access and parking to minimize
conflicting traffic movement on adjacent streets.
(7)
The proposed use will not impede the normal and orderly development
and improvement of surrounding property as permitted by this chapter.
(8)
The proposed use will be adequately served by existing storm and
sanitary drainage facilities, public water, access streets and other
necessary facilities.
(9)
The proposed use shall promote the objectives of this chapter and
shall be consistent with the Comprehensive Plan for East Pittsburgh.
B.
The Board shall grant a special exception only if it finds adequate
evidence presented by the applicant that the proposed special exception
is duly authorized under provisions of this chapter, that the application
falls within the terms of the specific provisions allowing for special
exception and that the proposed use complies with all other requirements
of this chapter. The Board shall refuse an application for special
exception where opponents to the application establish by a preponderance
of evidence that the application is contrary to the health, safety
and morals or general welfare of the community at large. The Board,
in granting a special exception, may attach such reasonable conditions
and safeguards other than those related to off-site transportation
or road improvement, in addition to those expressed in the chapter,
as it may deem necessary to implement the purposes of the MPC[1] and this chapter.
[1]
Editor's Note: The Municipalities Planning Code; see 53 P.S.
§ 10101 et seq.
