(A) Board’s function. Where this chapter, in accordance with the tables of authorized uses in § 155.071 for the zoning district in which a property is located, allows uses by special exception 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 and general criteria set forth in §§ 155.120 through 155.126, 155.140 through 155.192 and 155.205 through 155.208.
(B) Who may apply. The landowner or any tenant with the permission of such landowner may apply for a special exception.
(C) Conditions. In granting any special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the purposes of the MPC.
(D) Issuance. If the Board determines that the application for special exception meets all the requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled and that the application is in conformity with the spirit and intent of this chapter, it shall direct the Zoning Officer to issue zoning approval for such special exception.
(E) Expiration. A special exception approval granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning approval, building permit or grading permit to undertake the work described in the decision granting the special exception has been submitted within 12 months of said decision, unless the Board, in its sole discretion extends the special exception upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one 12-month extension. A special exception granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the 12-month period shall begin with the date of adoption of this section.
(F) Application content.
(1) All applications for conditional use approval shall demonstrate compliance with the: general standards and criteria of this subchapter; the applicable express standards and criteria of this subchapter; and the applicable lot and yard requirements of the zoning district in which the use is proposed.
(2) All applications for conditional use approval shall be submitted to the Zoning Officer and contain the following items:
(a) One full scale copy and nine half-scale copies of all required plans, maps and drawings; and
(b) Ten copies of all other application materials.
(3) An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.
(4) All applications for conditional use approval shall contain the following:
(a) A development plan, as defined by this chapter;
(b) A legal document verifying applicant’s legal interest in the subject property (i.e., deed, sales agreement, lease);
(c) The application fee and/or deposit in an amount set from time to time by resolution of the Borough Council; and
(d) Construction plans, where renovations or modifications of an existing building is immediately contemplated, showing the scope, nature and extent of said renovation or modification.
(Ord. 1089, passed 5-19-2014)