(a) In this Zoning Ordinance, special exceptions may 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 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 Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance. The Board shall pursue the following procedure.
(1) The Board’s decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at the public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Board as a special exception use.
(2) No application for a permit shall be granted by the 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 city and, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Commission shall fail to file its report within such 30 days, the application shall be deemed to have been approved by the Planning Commission.
(b) The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of the Zoning Ordinance. The Board may thereafter direct the Zoning Officer 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) In accordance with the Comprehensive Plan and consistent with the spirit, purposes and intent of this Zoning Ordinance;
(2) In the best interests of the city, the convenience of the community, the public welfare and a substantial improvement to the property in the immediate vicinity;
(3) Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(4) In conformance with all applicable requirements of this Zoning Ordinance;
(5) Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard; and
(6) In accordance with sound standards of subdivision practice, where applicable. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this Zoning Ordinance.
(Ord. 5745, approved 4-16-1998)