[Ord. No. 745, 1/13/2026]
1. 
All special exceptions shall be subject to the specific applicable conditions and procedures outlined under this Part, including the following:
A. 
Compliance with any other conditions imposed by provisions of this chapter regarding the particular special exception.
B. 
Any other applicable regulations, whether in this or any other Borough ordinance, or any county, state, or federal regulations.
C. 
Any other conditions imposed by the Zoning Hearing Board, which are deemed necessary for protection of the public health, safety, and welfare.
D. 
Only those specific special exceptions listed elsewhere in this chapter as a special exception in a particular district may be permitted under this Part.
[Ord. No. 745, 1/13/2026]
1. 
The procedure for requesting a special exception is as follows:
A. 
A written application and a preliminary plan shall be filed with the office of the Zoning Officer and shall be a form approved by the Borough.
B. 
The application for each special exception shall be reviewed by the Zoning Officer and a public hearing by the Board shall be set within 60 days of the filing of the application.
C. 
Before conducting a hearing, the governing body must give public notice of the hearing. "Public notice" required by the MPC for a conditional use application hearing is stricter than notice required by the Sunshine Act.[1] The public notice must be published once each week for two successive weeks in a newspaper of general circulation in the municipality, no earlier than 30 days and no fewer than seven days before the hearing. Section 1909 of the Statutory Construction Act of 1972, 1 Pa.C.S.A. § 1501 et seq., provides that "successive weeks" means calendar weeks. It further provides that while publication upon any day of such weeks is sufficient, at least five days shall elapse between each publication. Section 1908 of the Statutory Construction Act further provides that the five-day interval should be computed excluding the first day and including the last day of the five-day period.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
D. 
In addition to the published notice, the municipality must give written notice of the hearing to the applicant, the Zoning Officer, any person designated by the zoning ordinance to receive such notice, and any person who has made timely request for the notice.
E. 
Notice shall also be conspicuously posted on the affected tract of land at least one week (seven days) prior to the hearing. While the MPC does not define or establish guidelines for "conspicuous posting" of the required written notice, the clear intent of the provision is that the posted notice generally apprise the pubic of the requested relief or action. Relevant considerations to posting would include its location along a point along the property's frontage abutting a road and size, color, or format that would garner the attention of the pedestrian or traveling public, as circumstances dictate. All the notices must state the time and place of the hearing and the matter to be considered at the hearing.
F. 
A written decision (or written findings if no decision is called for) is required. When the application is contested or denied, Section 913.2(b)(1) of the MPC[2] requires that the decision shall include findings of fact or conclusions based thereon, together with any reasons thereof. The MPC specifically requires that any conclusions shall reference the provisions of the MPC or the zoning ordinance relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. The written decision must be issued within 45 days of the last hearing on the special exception application, unless an applicant has agreed in writing or on the record to an extension of time.
[2]
Editor's Note: See 53 P.S. § 10913.2(b)(1).
G. 
The written notice must be delivered to the applicant personally or mailed to him or her not later than the day following its date of issuance. Brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined must also be provided by mail or otherwise to any other person who has filed their name and address with the governing body not later than the last day of the hearing.
H. 
A special exception shall not be granted unless the Board shall determine:
(1) 
That the use is permitted by the zoning ordinance as a special exception:
I. 
A majority vote of the Board is required for approval.
J. 
Appeals from the decisions of the Board are governed by the applicable provisions of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 745, 1/13/2026]
1. 
When a special exception has been denied by the Board, no request for the same special exception at the same location may be refiled with the Zoning Officer for at least one year from the date of said denial. The only exception to this provision shall be if the landowner or his agent can show to the satisfaction of the Board a substantial change in circumstances regarding the property, which would warrant reexamination of the special exception request within the year's limitation. Any such request shall be submitted in writing, along with a special exception application and the appropriate non-refundable fee, to the Zoning Officer.
2. 
An approved special exception shall be completed within two years following the date of approval. However, the Board may grant an extension if the landowner, or his agent, requests such an extension and if good cause for the delay is shown. There are no other exceptions to this rule. If, at the end of the two-year period, the special exception is not completed, and if no extension has been granted, the approval of the special exception shall be null and void.
3. 
Minor changes in design or specifications of an approved special exception, which in no way constitute any expansion of the special exception, may be approved by the Zoning Officer upon written request. If such change is approved, the Zoning Officer shall notify the Board in writing within seven days of the approval. If any aggrieved person wishes to challenge the approval, they must do so in writing within seven days of receipt of the notice of approval. If a proper challenge is made, the matter shall come before the full Commission for approval. If no challenge is made, the change is approved.
4. 
Any change in an approved, but not completed, special exception, and any change in a completed special exception which constitutes an expansion of such use, shall be governed by the applicable provisions of this chapter. An improper expansion is a violation of this chapter including, but not limited to, a fine and an action to remove the improper expansion.