A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing.
1. Purpose.
The special exception process is designed to allow careful review of uses that have some potential of conflict with adjacent uses or areas.
2. Special Exception Procedure.
A. All applicants for a special exception use shall submit five sets of site plans for the proposed use to the Secretary of the Zoning Hearing Board together with a written application. The Zoning Officer may waive the site plan requirement for home occupations that are not intense and other uses not involving new buildings nor additional off-street parking. Photographs of the existing site or buildings may also be requested to be presented by the applicant.
B. All site plans shall contain the information required in
§ 27-107(4).
C. Borough Procedures.
(1) The Borough shall forward the application to the Zoning Hearing Board. A minimum of one copy shall be retained in the Borough files.
(2) The Zoning Officer should, prior to the next Zoning Hearing Board meeting where the application will be discussed, review the plan to determine compliance with this chapter and report these findings to the Zoning Hearing Board.
D. Planning Commission Review of Uses. See
§ 27-116, "Site Plan Reviews." Such Planning Commission review may or may not occur prior to a Zoning Hearing Board decision on a special exception.
E. Zoning Hearing Board Action on Special Exception Uses.
(1) The Board shall hear and decide such request for a special exception use under the procedures of
Part 1 and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2) The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter and the procedures in
§ 27-119: Special Exception Use Process.
(3) The Board shall schedule the first hearing within 60 days of submittal of a proper application, unless granted a written extension by the applicant. The Board shall issue a decision within 45 days after the conclusion of the final hearing on the matter.
(4) The decision of the Board shall be in writing and shall be communicated to the applicant or their representative in accordance with Part 1.
3. Approval of Special Exception Uses.
The Zoning Hearing Board shall approve any proposed special exception use if they find adequate evidence that any proposed use will meet:
A. All of the standards listed in § 27-118(3)(D).
B. Specific standards for the proposed use listed in
§ 27-402 and
§ 27-403.
C. All other applicable requirements of this chapter.
4. Conditions.
In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines is necessary to implement the purposes of this chapter and to protect the public health, safety and general welfare. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
