Moon Township City Zoning Code

An application for special exception approval shall be filed with the Planning Director, on forms prescribed by the Township, at least 14 calendar days prior to the date of the Planning Commission's next regular monthly meeting. A special exception application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and deposit, have been received by the Township.

The Planning Director shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.

Within five days of receipt of an administratively complete application, the Planning Director shall submit one copy of the application and any materials submitted therewith to the following entities and individuals for review: the Zoning Hearing Board; the Zoning Hearing Board Solicitor; the Environmental Advisory Council (as appropriate); the MTA (as appropriate); the Township Engineer (as appropriate); and any other appropriate Township personnel or professional consultants.

The Planning Director shall provide one copy of an administratively complete application and any materials submitted therewith to the Planning Commission by no later than the Friday prior to the date of the regular monthly meeting of the Planning Commission.

The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the conditional use application documents to determine if they are in compliance with this Part, this chapter, the Subdivision and Land Development Ordinance [Chapter 22], other applicable Township ordinances, the Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations which he shall provide to the Zoning Hearing Board, Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.

The Planning Commission shall review the application and forward its recommendation to the Zoning Hearing Board.

The Zoning Hearing Board shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

The Zoning Hearing Board shall render a written decision on the special exception application within 45 days of the last hearing. Where the application is contested or denied, the Zoning Hearing Board decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

In granting a special exception pursuant to this chapter, the Zoning Hearing Board may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Moon Township Code of Ordinances, the Township Standard Details and any other ordinance or resolution of the Township, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.

A copy of the decision or, where no decision is called for, of the findings, shall be delivered to the applicant in accordance with the applicable provision(s) of the MPC.

All development, construction and use shall be in accordance with the approved special exception decision and plan, unless an amended special exception application is submitted and approved. The approved special exception plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Zoning Hearing Board, and the special exception decision. Any development contrary to the approved special exception decision and plan shall constitute a violation of this chapter.

All applications for special exception approval shall demonstrate compliance with: the general standards and criteria of this Part; the applicable express standards and criteria of this Part; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

All applications for special exception approval shall be submitted to the Planning Director, in the form prescribed from time to time by the Township, with not fewer than:

All applications for special exception approval shall contain the following:

The proposed use will not alter the established character and use of the neighborhood or district in which it is located, and will not substantially impair the use or development of adjacent properties.

The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county, and Township laws, statutes, ordinances and regulations including, but not limited to, the Subdivision and Land Development Ordinance [Chapter 22]; the Stormwater Management Ordinance [Chapter 23]; and the Moon Township Code of Ordinances.

The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

The proposed site of the special exception is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and toxic waste storage and disposal.

The proposed use provides landscaping, screening and bufferyards sufficient to protect the use, enjoyment and development of adjacent properties.