§ 310-42 Special exceptions.
Where the Board of Commissioners, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.
A. Filing of special exception. For any use permitted by special exception to be special exception must be obtained from the Zoning Hearing Board. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Zoning Officer and copies given to the Board and Township Planning Commission. The applicant must provide all the information requested on the form.
B. Temporary special exceptions.
(1) A temporary special exception must be obtained from the Zoning Hearing Board for any nonconformity that is or will be seasonal or is or will be in the public interest. The Zoning Hearing Board may grant a temporary special exception for a nonconformity, use or structure, existing or new, which:
(a) Is beneficial to the public health or general welfare.
(b) Is necessary to promote the proper development of the community.
(c) Is seasonal in nature.
(2) The temporary special exception may be issued for a period not exceeding one year and may be renewed for an aggregate period not exceeding three years. The nonconforming structure or use must be completely removed upon the expiration of the special exception without cost to the Township.
C. Referral to Planning Commission. All applications for a special exception shall be referred to the Township Planning Commission for a recommendation. The Planning Commission will officially review an application for a special exception at a particular meeting only if the application was filed 15 days prior to the Planning Commission's regular meeting.
D. Conditions. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
E. Application of extent-of-use regulations. The extent-of-use regulations (ex: height, setback, coverage) as set forth in this chapter must be followed by the Zoning Hearing Board. Where no extent-of-use regulations are set forth for the particular use, the Board must impose extent-of-use requirements as necessary to protect the public welfare and the Comprehensive Plan.
F. General standards.
(1) A special exception may be granted when the Zoning Hearing Board finds from a preponderance of the evidence produced at the hearing that:
(a) The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone.
(b) Adequate water supply, sewage disposal, storm drainage and fire and police protection are or can be provided for the use.
(c) The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the proposed use and/or location, nature and height of buildings, walls and fences.
(d) The use will have proper location with respect to existing or future streets giving access to it and will not create traffic congestion or cause large amounts of commercial or industrial traffic to use residential streets.
(e) The specific standards set forth for each particular use for which a special exception may be granted have been met (see Article
VI).
(2) The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Zoning Hearing Board.
G. Specific standards. In addition to the general standards for all special exceptions as contained in Subsection
F, the specific standards for particular uses as listed in Article
VI must be met prior to the granting of a special exception.
H. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain a building permit or use certificate within six months of the date of the authorization of the special exception.
