§ 450-20. Special exception use process.

A. 

Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.

B. 

Special exception procedure.

(1) 

See submission provisions in § 450-6.

(2) 

All site plans shall contain the information required in § 450-6C.

(3) 

The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.

(4) 

The Board shall follow the procedures provided in § 450-16.

C. 

Consideration of special exception applications. When special exception uses are provided for in this chapter, the Zoning Hearing Board shall hear and decide requests for such uses in accordance with stated standards and criteria for the use and the following standards. The burden of proof shall rest with the applicant.

(1) 

Compliance with this chapter. The applicant shall establish by credible evidence compliance with all requirements upon the use that are established by this chapter. The applicant shall provide the Zoning Hearing Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

(2) 

Compliance with other requirements. Will not clearly be in conflict with other Borough ordinances or state or federal laws or regulations known to the Zoning Hearing Board. The Board may condition zoning approval upon future proof of compliance with another ordinance, law or regulation.

(3) 

Transportation. The traffic generated by the subject of the application shall be accommodated in a safe and efficient manner, after considering any improvements that the applicant commits to complete or fund. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard, significant traffic congestion or a significant pedestrian safety hazard.

(4) 

Neighborhood. The proposed use shall not significantly negatively impact upon the desirable character of an adjacent established residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance or very late night/early morning hours of operation, without proper safeguards.

(5) 

Site planning. The applicant shall establish by credible evidence that the proposed use will be properly designed with regard to internal circulation, driveway access, site layout, parking layout, buffering, and all other elements of proper site design.

(6) 

Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.

(7) 

Historic impact. The application shall not severely negatively impact upon historically significant buildings on the same lot, as viewed from a street.

D. 

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 are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.