MapLink™ | Procedures | Special Exception

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Special Exception
Where Council has in this chapter stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions after receipt of the Planning Commission's recommendations in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of Act 247 and this chapter. The Board shall grant a special exception only if it finds adequate evidence presented by the applicant that the proposed special exception is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for special exceptions, and that the proposed use complies with all other requirements of this chapter and the following criteria:
(1) The special exception shall not cause overcrowding of the land beyond what would normally be expected from the proposed use.
(2) The special exception shall not impair the adequate supply of light and air to adjacent properties.
(3) The special exception shall not burden the water, sewer, school, park or other public facilities beyond what would be normally expected from the proposed use.
(4) The proposed use shall not substantially change the character of any surrounding residential neighborhood, after considering any proposed conditions upon approval such as limits upon hours of operation.
(5) The proposed use will promote preservation or adaptive reuse of the sites and structures identified by the Local Historic District regulations.
(6) The special exception shall not cause congestion in public streets or transportation systems beyond what would normally be expected from the proposed use.
(7) The special exception shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(8) The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features.
(9) The proposed use, located on the particular property at issue, having all of the characteristics as proposed, and considering the present characteristics of neighboring lands will not cause negative impacts over and above those typically associated with such uses located and operated in a usual manner.