Neville Township City Zoning Code
ARTICLE XI
Uses Not Provided For
§ 340-51 Purpose.
When a use is not specifically listed in this chapter as permitted or as a conditional use, the use may be allowed as a special exception if it is determined by the Zoning Hearing Board, after review and recommendation by the Township Planning Commission, that the use is similar to other uses listed in the applicable zoning district and that the proposed use meets the criteria outlined in this article. It is further recognized that every conceivable use cannot be identified in this chapter and, anticipating that new uses will evolve over time, this article provides for the process in which a proposed use can be compared and measured against those listed in the applicable zoning district for determining similarity.
§ 340-52 Review.
Any application for a permit for a use which is not specifically listed in this chapter shall meet the requirements established herein and shall be reviewed by the Township as specified in § 340-98 of this chapter for uses by special exception.
§ 340-53 Standards and criteria.
The proposed use shall be compared to and measured against those uses permitted in the applicable zoning district for which it is proposed. The Zoning Hearing Board shall make all of the following findings:
A.
The proposed use shall meet the intent of, and be consistent with, the goals, objectives and policies of the Township of Neville Comprehensive Plan.
B.
The proposed use shall meet the stated purpose and general intent of the zoning district in which the use is proposed.
C.
The proposed use shall not adversely impact the public health, safety, morals and general welfare of the neighborhood's residents.
D.
The proposed use shall share characteristics common with, and not be of greater intensity, density or create more of an environmental impact than, those uses listed as permitted in the zoning district in which it is to be located.
E.
Uses approved by the Zoning Hearing Board pursuant to this article shall conform to all dimensional and related standards for the district where such use is proposed to be located.
§ 340-54 Uses by special exception.
Where the Township Commissioners in this chapter have stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this article and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1] A special exception shall not be granted by the Board unless and until:
A.
A written application for a special exception is submitted demonstrating that the development meets the standards and criteria listed in this article.
B.
The developer shall submit drawings to the Board indicating the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property with dimensions from property lines, access to the property and the location and number of proposed parking spaces.
D.
The Board shall enter the recommendation of the Township Planning Commission.
E.
The Board, before it grants a special exception, shall make findings of fact and state its reasons for granting the special exception. The Board shall have the authority to require and approve specific plans, to increase the requirements set forth in this chapter, but in no case shall the Board have the authority to decrease the requirements of this chapter for any use in the district it proposes to locate. Any such decrease in the requirements of this article shall only be granted upon the issuance of a variance.
F.
All conditions required by the Board shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of special exception.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.