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§ 265-1405 SPECIAL EXCEPTION

The Board is authorized to consider special exceptions.

  1. Expansions and changes of nonconforming uses shall be evaluated as per the following standards cited in Article X and the general standards cited in this Section.
  2. The landowner shall submit an application to the Zoning Officer including a survey showing existing structures and the location and detail of the proposed activity or structure for which the applicant requires the special exception, including representations of parking and circulation; the required fee for the special exception fee as outlined in the schedule or schedules of the Borough Council, and a completed application with all required contact information as well as additional information, if any, required by the Board.
  3. Special exceptions for nonconforming uses shall be evaluated by the following criteria at a minimum.
    1. The impact of any proposed use on the neighborhood of which it is a part compared with the impact of the existing nonconforming use. A proposed use shall not present a greater adverse impact as compared with the existing use.
    2. The impact of an expansion of the nonconforming use and the manner in which the expansion changes or redefines the impact of the current nonconforming use.
    3. The extent to which a proposed expansion changes the scale of use such that the use itself may be changed such that it does not present an adverse impact on the neighborhood and district in which it is located. The expansion shall be considered a natural outgrowth necessary to the economic vitality and sustainability of the current nonconforming use.
    4. The consistency of any proposed expansion with the current character of a neighborhood or district.
    5. The change in parking required and traffic circulation associated with any proposed expansion or change in use.
  4. In granting any special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.
  5. Proposed additions shall conform dimensionally and otherwise to the standards of the present ordinance, or shall otherwise require a dimensional variance.
  6. Appeals from the Determination of the Zoning Officer. The Board shall hear appeals from the determination of the Zoning Officer in matters concerning the denial of a permit, a cease and desist order, and all other matters outlined in §909.1 of the Municipalities Planning Code as amended. The aggrieved party shall make application to the Zoning Officer for the appeal of the disputed decision. The application shall include the fee as defined in the Borough’s adopted fee schedule, name and contract information, copies of the permit application, and any additional details relating to the denial or order issued.
  7. The Zoning Hearing Board recognizes its jurisdiction as defined above and as additionally defined within §909.1 of the MPC, as amended, including the challenge of this Chapter’s validity within 30 days after its initial adoption based on procedural defects associated with the adoption process.
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