[Ord. 560, 6/11/1996, Art. XIII, § 1]
1. All special exceptions shall be subject to the specific applicable
conditions and procedures outlined under this Part, including the
following:
A. Compliance with any other conditions imposed by provisions of this
chapters regarding the particular special exception.
B. Any other applicable regulations, whether in this or any other Borough
ordinance, or any county, state, or federal regulations.
C. Any other conditions imposed by the Zoning Hearing Board, which are
deemed necessary for protection of the public health, safety, and
welfare.
D. Only those specific special exceptions listed elsewhere in this chapter
as a special exception in a particular district may be permitted under
this Part.
[Ord. 560, 6/11/1996, Art. XIII, § 2]
1. The procedure for requesting a special exception is as follows:
A. A written application and a preliminary plan shall be filed with the office of the Zoning Officer. The application shall be a form approved by the Borough. The preliminary plan shall be similar to the preliminary site plan as detailed in Part
17 of this chapter. The preliminary plan shall address itself to all applicable conditions for the particular special exception.
B. The preliminary plan and application for each special exception shall
be reviewed by the Zoning Officer and a public hearing by the Board
shall be set within 45 days of the filing of the preliminary plan
and application.
C. Notice of the Board hearing shall be advertised in accordance with
the standards established by the Pennsylvania Municipalities Planning
Code. The subject property shall be conspicuously posted with a notice
of the request for a special exception and the date and time of the
Board hearing, for at least 14 days before the Board hearing. Notice
of the hearing shall also be posted at a prominent place inside or
outside the municipal building.
D. The Board shall, at the hearing, examine the preliminary plan and
listen to relevant testimony from the owner of the property or his
agent, the Zoning Officer, and any interested citizen. The Board may
direct any necessary questions to any of the above parties.
E. The Board shall, within 14 days after the hearing, approve or disapprove
the request for the special exception. If the Board disapproves the
request, the reasons for disapproval shall be stated.
F. A special exception shall not be granted unless the Board shall determine:
(1)
That the proposed special exception will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood, and that the use of property adjacent to the
area included in the proposed change or plan is adequately safeguarded:
(2)
That the proposed special exception will serve to protect the
best interests of the Borough of West Homestead, the convenience of
the community, and the public health, safety, and welfare.
(3)
That the effect of the special exception will facilitate the
logical, efficient. And economical extension of public services and
facilities, such as public water, sewer, police end fire protection,
and public schools.
G. A majority vote of the Board is required for approval.
H. The property owner, or his agent, and the Zoning Officer shall receive
written notification of the Board's decision. Any other interested
party may, at the hearing, request to receive such written notification.
In any case, the written notification shall be sent within 14 days
of the Board's decision.
I. Appeals from the decisions of the Board are governed by the applicable
provisions of the Municipalities Planning Code.
[Ord. 560, 6/11/1996, Art. XIII, § 3]
1. When a special exception has been denied by the Board, no request
for the same special exception at the same location may be refiled
with the Zoning Officer for at least one year from the date of that
denial. The only exception to this provision shall be if the landowner
or his agent can show to the satisfaction of the Board a substantial
change in circumstances regarding the property, which would warrant
reexamination of the special exception request within the year's limitation.
Any such request shall be submitted in writing, along with a special
exception application and the appropriate non-refundable fee, to the
Zoning Officer.
2. As approved special exception shall be completed within two years
following the date of approval. However, the Board may grant an extension
if the landowner, or his agent, requests such an extension and if
good cause for the delay is shown. There are no other exceptions to
this rule. If, at the end of the two-year period. The special exception
is not completed, and if no extension has been granted, the approval
of the special exception shall be null and void.
3. Minor changes in design or specifications of an approved special
exception, which in no way constitute any expansion of the special
exception, may be approved by the Zoning Officer upon written request.
If such change is approved, the Zoning Officer shall notify the Board
in writing within seven days of the approval. If any aggrieved person
wishes to challenge the approval, he must do so in writing within
seven days of receipt of the notice of approval. If a proper challenge
is made, the matter shall come before the full for approval. If no
challenge is made, the change is approved.
4. Any change in an approved, but not completed, special exception,
and any change in a completed special exception which constitute en
expansion of such use, shall be governed by the applicable provisions
of this chapter. An improper expansion is a violation of this chapter
including, but not limited to, a fine and an action to remove the
improper expansion.
[Ord. 560, 6/11/1996, Art. XIII, § 4; as amended
by Ord. 631, 3/13/2007, § 1]
(Reserved)