Where the Zoning Ordinance has stated special exceptions to 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 the Ordinance, as it may deem necessary to implement the purposes of this Act and the Zoning Ordinance.
a) APPLICABILITY OF SPECIAL EXCEPTIONS- The Board's decision to grant a permit for a 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.
b) ADVISEMENT FROM THE PLANNING COMMISSION - 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 regarding the location of such use in relation to the needs and growth pattern of the area and, where appropriate, referencing the adequacy of the site area and arrangement of buildings, driveways, parking areas, off-street truck loading spaces, and other pertinent features of the site plan. The Commission shall have a maximum of thirty (30) days from the date of its receipt of the application within which to file its report thereon. If the Commission fails to file its report within such thirty (30) days, the application shall be forwarded to the Zoning Hearing Board without a recommendation by the Commission. 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 this Zoning Ordinance. In no case shall the application be delayed pending Planning Commission review and all hearings before the Zoning Hearing Board shall be held in a timely manner as prescribed by this ordinance and the Pennsylvania Municipalities Planning Code. This section shall not apply to applications for special exceptions which are to be heard by a Zoning Hearing Officer, in lieu of the entire Zoning Hearing Board.
c) SPECIAL EXCEPTION GENERAL PROVISIONS - The Board may thereafter authorize the Zoning Officer to issue a zoning permit if, in its judgment, the use meets all specific standards and criteria contained in this Ordinance and the following general provisions:
1) PURPOSE - The intended purpose of this proposed use shall be consistent with the City's development objectives established in the Comprehensive Plan and/or any redevelopment plans.
2) COMPATIBILITY - The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use shall be reviewed as to its relationship to, and effect on, surrounding land uses and existing environmental conditions regarding the pollution of air, land and water, noise, potential of hazards and congestion, illumination and glare, restrictions to natural light and circulation of air.
3) SUITABILITY - The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy, of space and traffic generation.
4) SERVICEABILITY -Assurance shall be made as to the adequacy and availability of utility services and facilities, such as sanitary and storm sewers, water, trash and garbage collection and disposal, and the ability of the City to supply such services.
5) ACCESSIBILITY - The proposed use shall provide adequate ingress and egress, interior circulation of both pedestrians and vehicles, off-street parking and accessibility to the existing or proposed City street system.
6) CONFORMITY - The proposed use shall be in conformance with all application requirements of this Zoning Ordinance and where applicable in accordance with the Subdivision and Land Development Ordinance.
7) CONGESTION - The proposed use shall not substantially increase traffic congestion.
8) PUBLIC SAFETY - The proposed use shall not increase the danger of fire or otherwise endanger public safety.
9) OVERCROWDING - The proposed use shall not overcrowd the land or create an undue concentration of population.
10) LIGHT & AIR - The proposed use shall not impair an adequate supply of light and/or air to an adjacent property.
11) IMPACT - The proposed use shall not adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities.
12) FLOODPLAIN - For special exception applications located within the one-hundred (100)-year floodplain, the provisions of the City of York Floodplain Management Ordinance shall also be considered.
d) ATTACHMENT OF CONDITIONS - In granting a special exception, the Board may attach whatever reasonable conditions and safeguards, in addition to those expressed in this Ordinance, it deems necessary to ensure that any proposed development shall secure substantially the purposes of this Zoning Ordinance.