(A) To hear and decide only such special exceptions as the Zoning Hearing Board is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny a special exception when it is not in harmony with the purpose and intent of this chapter.
(B) A special exception shall not be granted by the Zoning Hearing Board unless and until:
(1) A written application for a special exception is submitted by any landowner, or tenant with the permission of the landowner, indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;
(2) Notice shall be given at least 14 days and no more than 30 days in advance of public hearing. The owner of the property for which special exception is sought and the Planning Commission shall be notified by mail. Notice of such hearings shall be given in a newspaper of general circulation in the borough. The news article shall be published once each week for at least two successive weeks. Written notice of said hearing shall be conspicuously posted on the property at least seven days prior to the hearing. In addition, when the Board shall order, a notice shall be mailed to every occupant of every lot on the same street within 300 feet of the lot or building in question and of every other lot not on the same street within 100 feet of such lot or building. Failure to give notice by mail shall not invalidate any action taken by the Board;
(3) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(4) The Zoning Hearing Board shall make a finding that it is empowered under the section of this chapter described in the application to grant special exception, and that the granting of the special exception will not adversely affect the public interest; and
(5) Before any special exception shall issue, the Board shall make written finding certifying compliance with the specific rules governing individual special exceptions and that satisfactory provisions and arrangements has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and the access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required, with particular attention to the items in division (B)(5)(a) above, and the economic and environmental effects of the special exception on adjoining properties generally in the district;
(c) Refuse and service areas, with particular reference to the items in divisions (B)(5)(a) and (B)(5)(b) above;
(d) Utilities, with reference to locations, availability and compatibility;
(e) Screening and buffering with reference to type, dimensions and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(g) Required yards and other open space; and
(h) General compatibility with adjacent properties and other properties in the district.
(Prior Code, Ch. 27, § 27-1702) (Ord. 293, passed 4-20-1992, § 17.2; Ord. 323, passed 7-6-1998)