In this Zoning Ordinance, special exceptions may 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. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance. The Board shall pursue the following procedure:
(a) The Board's decision to grant a permit for special exception use shall be made only after a due notice to parties in interest and a public notice and hearing held pursuant to Section 1309.10. Such permit shall apply specifically to the application and plans submitted and presented at such public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
(b) No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until the Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the area and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, offstreet truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have thirty days from the date of its receipt of the application within which to file its report thereon. In the event the Commission fails to file its report within thirty days, such application shall be deemed to have been approved by the Planning Commission.
(c) The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by the law and ordinance to hear the cases and grant variances to the provisions of this Zoning Ordinance. The Zoning Hearing Board may thereafter direct the Building Inspector to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this Zoning Ordinance and the following general provisions:
(1) That the proposed use is in accordance with the spirit, purpose and intent of the Comprehensive Plan and in conformance with all applicable requirements of this Zoning Ordinance and the Borough of White Oak subdivision and Land Development Ordinance.
(2) That the proposed location of a public, industrial or commercial use is suitable with respect to probable effects on highway traffic and that it is suitable with respect to adequate access arrangements in order to protect major streets and highways from undue congestion and hazard.
(3) That there are adequate sanitation and public safety provisions, where applicable, and that a certificate of adequacy of sewage and water facilities from a governmental health agency in any case required herein has been obtained.
(4) That all public, commercial or industrial parking, loading access or service areas shall be adequately illuminated at night while in use and that such lighting, including sign lighting, shall be arranged so as to protect the highway and the neighboring properties from direct glare or hazardous interference of any kind. Offstreet loading shall be in accordance with the provisions of Section1363.05. Off-street parking shall be provided in accordance with the provisions of Section 1363.03.
(5) That such use conforms to the minimum area and yard requirements of the district and to the buffer and screening requirements of the district.
(6) That the vehicular access to such building or use and to such off-street parking area be located not closer to an intersection that one hundred feet measured from the intersection of the road right-of-way lines at the corner where the proposed building or use is to be located and to the edge of the proposed access way.
(7) That operations in connection with any special exception shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any permitted use.
(d) The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this Zoning Ordinance.
(Ord. 2717. Passed 2-10-86.)