A. Where this chapter has provided for stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.
(1) Requirements of the State Municipalities Planning Code shall be met for public notice. See
§ 200-85A. A permit for special exception use shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent substantive changes to the application on matters addressed by the Zoning Hearing Board shall require a new special exception approval.
B. The Zoning Hearing Board shall only approve a special exception use if it finds that the applicant has presented adequate evidence that the following standards have been met:
(1) Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all the applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2) Compliance with other laws. The approval may be conditioned upon proof of compliance with other specific applicable Township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3) Traffic. 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, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4) Site planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5) Neighborhood. The proposed use shall not substantially harm any surrounding residential neighborhood, after considering any proposed conditions upon approval.
(6) Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7) Natural features. The proposed use shall be suitable for the site, considering the impacts upon steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features. Within the FP District, the proposed use shall be designed to minimize conflicts with agricultural activities on adjacent tracts.
C. 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 Board shall automatically become conditions of permits issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
D. Submittal. A site plan shall be submitted, which shall contain an accurate plan of proposed building, parking, buffer, loading and other improvements. Detailed site engineering (such as stormwater calculations and profiles) are not required at the special exception use stage.
E. Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(1) Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.
(2) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3) Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
F. Uses not specifically regulated. If a use clearly is not permitted by right, as a conditional use, or as a special exception use by this chapter within any Zoning District, the use is prohibited, except that the Board of Supervisors may permit such use as a conditional use if the applicant specifically proves to the clear satisfaction of the Board of Supervisors that all of the following conditions would be met:
(1) The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted in the District;
(2) The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in
§ 200-66.1: Change in use; different nonconforming use.
(3) The use would meet the standards that would apply under
Article IX: Conditional Uses, to a conditional use; and
(4) The use is not specifically prohibited in that district.
