Procedure. The ZHB shall consider special exception applications
and render its decision in accordance with the requirements of the
MPC and this chapter and subject to the following:
A. If land development approval is required for the use by special exception,
the application for approval of a land development required by the
Subdivision and Land Development Ordinance (SALDO) shall be submitted to the Planning Commission and Borough
Council following approval of the use by special exception by the
ZHB.
B. Application procedure. The applicant shall submit an application
for approval of a special exception to the Zoning Officer or designated
staff person of the Borough. The application form shall indicate the
Section of this chapter under which the special exception is sought
and shall state the grounds upon which it is requested.
C. Application content. An application for approval of a special exception
shall include the following:
(1)
One copy of the application form provided by the Borough and
completed by the applicant. If the applicant is someone other than
the landowner, the landowner's authorization of the application
and the nature of applicant's interest in the site shall accompany
application.
(2)
Five paper copies and one electronic copy of a site plan meeting
the requirements for a preliminary plan for land development as set
forth in Subdivision and Land Development Ordinance (SALDO) and, in
addition, demonstrating conformity with all requirements of this chapter.
(3)
The Borough Council may charge fees for expenses related to the public hearing pursuant to Article
IX of the MPC and as established by resolution of the Borough Council.
D. Administrative review and determination of complete application.
Upon submission of a special exception application, the Borough shall
review the application for completeness of required submission items.
The Borough shall notify the applicant in writing if the application
is incomplete and rejected, stating the deficiencies in the application
and returning the filing fee. The applicant may reapply, submitting
the fee along with any missing material at any time.
E. A hearing pursuant to public notice, as defined herein, shall be
commenced by the ZHB within 60 days of submission of a complete and
properly filed application. Said hearing shall be conducted in accordance
with the procedures specified by this chapter and § 908
of the MPC.
F. Burden of proof. In proceedings involving a request for a use by
special exception, both the duty of initially presenting evidence
and the burden of persuading the ZHB that the proposed use is authorized
as a use by special exception and satisfies the specific or objective
requirements for the grant of a use by special exception as set forth
in this chapter rest upon the applicant. The applicant shall demonstrate
that the request is not detrimental to the health, safety, and welfare
of the neighborhood.
G. Conditions. In considering any special exception, the ZHB may attach
reasonable conditions and safeguards, in addition to those expressed
in this chapter, as the ZHB deems necessary to implement the purposes
of the MPC and this chapter. A violation of such conditions and safeguards,
when made a part of the terms under which the special exception is
granted, shall be deemed a violation of this chapter, and upon finding
of violation, shall require that the special exception use be discontinued
until the violation is corrected.
When considering applications for conditional uses and special
exceptions the following general standards for all conditional uses
and special exceptions shall be met:
A. In accordance with the Comprehensive Plan the use shall be consistent
with the spirit, purposes, and the intent of this chapter.
B. Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide sufficient plans, studies,
or other data to demonstrate compliance.
C. Compliance with other laws. The approval may be conditioned upon
the applicant demonstrating compliance with other specific applicable
local, state, and federal laws, regulations, and permits.
D. The application shall include proper site layout, internal circulation,
parking, buffering, and all other elements of proper design as specified
in this chapter.
E. The applicant shall establish that the traffic from the proposed
use will be accommodated in a safe and efficient manner that will
minimize hazards and congestion and provide adequate access arrangements
after considering any improvements proposed to be made by the applicant
as a condition on approval. Ingress, egress, and internal traffic
circulation shall be designed to minimize congestion during peak usage
of the facility.
F. The proposed use shall not substantially change the character of
any surrounding residential neighborhood after considering any proposed
conditions upon approval.
G. The proposed use shall not create a significant hazard to the public
health, safety, and welfare.
H. The proposed use shall be suitable for the property in question,
and designed, constructed, operated, and maintained so as to be in
harmony with and appropriate in appearance to the existing or intended
character of the general vicinity.
I. Outdoor lighting, if any, shall be shielded and reflected away from
adjoining properties so that no direct beam of light, but only diffuse
or reflected light, enters adjoining properties.
See Article
XII of this chapter for communications tower guidelines.
The standards for gas/fuel stations in this article shall apply.