Mount Pleasant Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VI
Express Standards and Criteria for Special Exceptions
§ 200-601 Applicability.
The following procedures shall apply to all applications for approval of a special exception in all zoning districts.
§ 200-602 Granting and evaluation of special exception uses.
A.
In evaluating an application for a special exception use, the Township shall apply the guidelines and procedures set forth in the MPC.
B.
The consideration of a special exception use by the Zoning Hearing Board upon review of recommendations by the Planning Commission shall be predicated on the applicant's submission of a written application containing all of the information required under Subsection C of this section, together with a site plan meeting the requirements of Subsection F of this section.
C.
The written submission shall demonstrate that the development for which the special exception use is sought will meet the primary criteria outlined below:
(1)
Will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration as regulated by the Township.
(2)
Meets all other requirements of this chapter in the zoning district where the use is proposed.
(3)
Is in general conformity with the Comprehensive Plan and is attractive and in harmony with the area in which it is proposed.
(4)
Is an appropriate use on the proposed lot as a use by special exception.
D.
If defined as part of any special exception approval, said special exception use shall be completed within the identified time frame. Also, the Zoning Hearing Board may grant an extension of time for any completion date if the applicant or his agent requests such an extension and if good cause for the extension is shown. If, at the end of the identified time frame or extended completion period, the special exception use is not completed, and if no extension has been granted, the approval of the special exception use shall be null and void.
E.
Upon approval of any special exception by the Zoning Hearing Board, any prior approved special exception for the same tract of land shall become null and void.
F.
Information, including the address of the applicant, the location of the site, a listing of lot owners who shall receive notice of such zoning application, the zoning district and other relevant information as defined by the Township, shall be submitted.
G.
In proceedings involving a request for a special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a special exception as set forth in this chapter rest upon the applicant.
H.
The site plan shall show to scale the entire lot to be ultimately developed and shall indicate the location, height, and use of structures, driveways, signs, parking areas and topographical and/or natural features of the lot. An architectural rendering of the structures proposed shall also be submitted.
I.
The Zoning Hearing Board may attach reasonable conditions in order to protect the public's health, safety, and welfare. These reasonable conditions may include but are not limited to increased screening.
J.
Approval of all uses by special exception contained in this chapter shall be subject to periodic inspections by the Zoning Officer to ensure compliance with the required conditions of approval. Such periodic inspections shall be conducted annually while the use is conducting active operations.
§ 200-603 Requests for reasonable accommodations.
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined on said application.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s) necessary in its discretion to elicit information or argument pertinent to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing; the discussion shall be issued to the applicant and the Board of Supervisors within 30 days of filing of the request for accommodation or at the next regularly scheduled Zoning Hearing Board meeting, whichever is the later of the two.
D.
A request for reasonable accommodation should be directed to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the appointed legal counsel, apply the following criteria:
(1)
Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the handicap or disability of the applicant.
(3)
A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the Comprehensive Plan and the community development objectives set forth in this chapter.
(7)
The extent to which the requested accommodation would impose financial and administrative burdens upon the Township.
(8)
The extent to which the requested accommodation would impose an undue hardship upon the Township.
(9)
The extent to which the accommodation would require a fundamental alteration in the nature of the Township's regulatory policies, objectives and regulations.
(10)
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when they are no longer needed to provide handicapped or disabled persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase the value of the lot during and after its occupancy by the applicant.