Waynesboro City Zoning Code
ARTICLE VI
Special Exceptions
§ 295-25 Purpose.
To permit specific uses in a particular zone subject to the following:
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications for all special exceptions. Special exceptions are to be granted or denied by the 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 chapter, as it may deem necessary to implement the purposes of this chapter.
§ 295-26 Special exception use procedure.
A.
All applicants shall submit six sets of site plans to the Zoning Officer when making application for a special exception. The following information shall be included, where applicable.
B.
Site plans shall be drawn to scale and be prepared by an engineer, surveyor or landscape architect licensed in Pennsylvania.
(1)
A statement as to the proposed use of the building or land.
(2)
A copy of the recorded deed.
(3)
A site layout drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property which is scheduled to be developed in successive stages. Such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(4)
The location, dimension, and arrangements of all open spaces, yards and buffer yards, including methods and materials to be employed for screening.
(5)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(6)
The dimensions, location and methods for illumination for signs.
(7)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(8)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(9)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(10)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(11)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(12)
The Zoning Officer shall, within 10 days of plan submission which is in total compliance with the requirements of this section, submit one copy of said plan to the Zoning Hearing Board and one copy to the Planning Commission.
(13)
The Planning Commission shall, within 30 days of receipt of said plan, review and submit comments and suggestions to the Zoning Hearing Board which, after a public hearing, approves or disapproves the proposed use. If disapproved, the reasons for disapproval shall be clearly stated on one copy of the submission and returned to the applicant. The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained. Approval may be made conditional upon the applicant's adoption of specified changes in the submission.
§ 295-27 General conditions for special exception uses.
The Zoning Hearing Board shall approve any proposed authorized special exception use if the Board finds adequate evidence that any proposed use will meet all the following general requirements as well as any specific requirements and standards listed in this chapter for the proposed use. General conditions and requirements are as follows. The proposed special exception use shall be:
A.
In accordance with the Comprehensive Plan and consistent with the spirit, purposes, and intent of this chapter;
B.
In the best interests of the Borough, the convenience and public welfare of the community, and not adversely affect property in the immediate vicinity;
C.
Suitable for the property in question, and designated, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;
D.
In conformance with all applicable requirements of this chapter;
E.
Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection;
F.
Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect streets from undue congestion and hazard.
§ 295-28 Additional special exception conditions.
The Zoning Hearing Board may impose additional conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this chapter and be compatible with surrounding properties.
§ 295-29 Floodplain districts.
Any proposed use occurring within a floodplain permitted as a special exception as identified in the Floodplain Management Ordinance,[1] as amended from time to time, shall be in strict conformity with the provisions of this Zoning Ordinance and the Floodplain Management Ordinance.
A.
Review factors. In reviewing applications for special exceptions in floodplain districts, as permitted by the Floodplain Management Ordinance or this Zoning Ordinance, the Zoning Hearing Board shall consider all relevant factors and procedures specific in other sections of this Zoning Ordinance and:
(1)
The danger to life and property due to increased flood elevations or velocities caused by encroachments.
(2)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(10)
The safety of access to the property in time of flood for ordinary and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(12)
Such other factors which are relevant to the purposes of this chapter.
B.
Supplemental technical review. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception to any engineer or other qualified persons or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
C.
Conditions for approving special exceptions. Special exceptions shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in: