Lansford City Zoning Code
ARTICLE VI
Special Exceptions
§ 465-601 Purpose.
The purpose of a use classified as a "special exception" is to provide expressed standards for regulating unique or special characteristics of certain uses which may otherwise allow such uses to be permitted by right within their respective zoning district, as provided in Article V, Zoning District Regulations.
§ 465-602 General provisions.
The authority for approving or denying applications for uses permitted by special exception shall be vested in the Zoning Hearing Board in accordance with the provisions contained in Article XV. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in Article XV, § 465-1510B, the respective zoning district in which the use is located, any applicable supplemental standards contained in Article VIII, all other applicable regulations of this chapter, other ordinances of the Borough and any applicable state and/or federal regulations.
§ 465-603 Site plan.
A.
Uses classified as a special exception shall file, in addition to a zoning permit, a site plan at a scale of not greater than:
(1)
One inch equals 50 feet, for properties in excess of one acre; or
(2)
One inch equals 20 feet, for properties being one acre or less.
B.
Said plan shall be submitted to the Zoning Officer. Such plan shall provide all applicable information, including but not limited to the following:
(1)
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
(2)
The location of all off-street parking areas and/or loading areas.
(3)
The location of all open space areas, including buffer areas and fencing, if applicable.
(4)
Traffic access to the site and internal traffic circulation, including the width and pavement of traffic lanes, and aisle widths.
(5)
All streets, both public and private, within 200 feet of the site, including the right-of-way and cartway widths.
(6)
Contours of the site for each five feet of change in elevation, if the proposed use includes new construction and/or grading of the site. Also, if applicable, the applicant shall be required to submit a Soil Erosion and Sedimentation Plan for review and approval by the Carbon County Conservation District.
(7)
The location, nature and terms of any existing or proposed easements on the site and any easements both on site and off site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easements.
(8)
Streams, ponds, watercourses, wetlands, floodplains or any other type bodies of water, including natural or man-made drainage swales, located on the site or within 100 feet of the site.
(9)
The location of any residential structure within 200 feet of any property boundary line of the subject site if the proposed special exception use is nonresidential.
(10)
The map, block and lot number of the subject parcel, as listed with the Carbon County Recorder of Deeds Office, and a copy of the deed to the subject property.
(11)
A location map, using the Lansford Borough Zoning Map or portion thereof, indicating the relation of the site of the proposed use to its geographic proximity within the Borough.
(12)
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, and all pertinent operational aspects, features, and/or activities related to the proposed uses or development of the site.
§ 465-604 Impact analysis.
In considering an application for a special exception, the Zoning Hearing Board shall have the authority to require the applicant to prepare an "impact analysis" on a particular aspect of the subject application and/or potential effect of the subject application in relationship to surrounding properties in accordance with the definition of said term as provided within Article II of this chapter. The cost of preparing and/or providing such information shall be borne by the applicant. The submission of any reports and/or studies within the context of the definition "impact analysis" must conclusively demonstrate that the proposed uses or development will not have a negative impact upon the particular subject or subjects as defined by the Zoning Hearing Board, including but not limited to the interest of protecting the health, safety, welfare and convenience of the public, and environmental features and characteristics of the site and of the surrounding areas. Failure to conclusively demonstrate such to the satisfaction to the Zoning Hearing Board shall represent a basis for denying approval of the special exception use.
§ 465-605 General standards and criteria.
A.
The general standards contained herein, in addition to all other applicable regulations, shall be utilized in the review of applications and plans for any use which is classified as a special exception:
(1)
The proposed use shall not jeopardize the Community Development Objectives of Lansford Borough Comprehensive Plan, nor shall it adversely affect the health, safety and welfare of the public and/or the environment.
(2)
Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.
(3)
Existing and future streets and access to the site of the proposed use shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions.
(4)
The proposed use shall be compatible with the adjoining development and the character of the zoning district in where it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof.
(5)
The proposed use shall not substantially impair the value of other property in the neighborhood where it is proposed to be located.
(6)
The proposed use and/or development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the district.
(7)
The submission of any reports and/or studies required by the Zoning Hearing Board, within the context of the definition of "impact analysis" as contained within Article II of this chapter, conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as defined by the Zoning Hearing Board, in requiring such reports and/or studies.
(8)
The proposed use and/or development shall not be injurious to the public interest.
B.
In granting approval, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary in the interest of protecting the health, safety and welfare of the public.
