1. General Standards for Considering a Special Exception. 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 district.
B. Adequate water supply, sewage disposal, storm drainage, 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 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 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.
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 which are to be determined by the Zoning Hearing Board.
3. For any use permitted by special exception, the special exception shall be granted or denied by the Board pursuant to standards and criteria set forth in Part 6.
4. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to standards referenced in § 27-1004.1.A., as it may deem necessary to implement the purposes of this Chapter, the Dover Township Comprehensive Plan, or the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
5. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate, or file for a subdivision or land development permit approval within six months of the date of the authorization of the special exception.
(Ord. 2024-01, 5/13/2024)