West Hazleton City Zoning Code
ARTICLE 6
Special Exceptions
§ 145-601 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 5, “Zoning District Regulations.”
§ 145-602 General Provisions.
[Amended 8-12-2013 by Ord. No. 236]
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 provision contained in Article 15 of this chapter. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in Article 15 (§1504), the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and any applicable State and/or Federal regulations. All applications for special exception uses which involve new construction shall be initially referred to the Wright Township Planning Commission for its review and comment along with any recommendation it may wish to render to the Zoning Hearing Board.
§ 145-603 Site Plan.
Uses classified as a special exception shall file, in addition to a zoning permit, a site plan at a scale of not greater than one (1) inch equals fifty (50) feet, which shall be submitted to the Zoning Officer. Such plan shall provide all applicable information required for the Zoning Hearing Board to render a decision, including but not limited to the following:
A.
The location and size of all buildings and structures, both principal and accessory.
B.
The location of all off-street parking areas and/or loading areas.
C.
The location of all open space areas, including buffer areas and fencing, if applicable.
D.
Traffic access to the site and internal traffic circulation within the site.
E.
All streets, both public and private, within five hundred (500) feet of the site.
F.
Contours of the site for each five (5) feet of change in elevation, based upon a field survey of the site, with the name of the person or firm who conducted the survey and the date of the survey.
G.
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.
H.
Streams, ponds, watercourses, wetlands or any other type bodies of water, including natural or man-made drainage swales, located on the site or within five hundred (500) feet of the site.
I.
The location of any residential structure within five hundred (500) feet of any property boundary line of the subject site.
J.
The map, block and lot number of the subject parcel.
K.
A location map at a scale of not greater than one (1) inch equals two thousand (2.000) feet, indicating the relation of the site to its geographic proximity within the Township.
L.
A narrative outline which fully describes the proposed use of the site and the pertinent operational aspects and features of the proposed use.
§ 145-604 General Standards.
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:
A.
The proposed use shall not jeopardize the objectives of the community development objectives of this chapter nor shall it adversely affect the health, safety and welfare of the public and/or the environment.
B.
Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.
C.
Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic.
D.
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location and size relative to the proposed use, and the nature and intensity of the operation involved.
E.
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls and fences so that the use, development and value of adjacent property is not impaired.
F.
The proposed use shall not be more objectionable in its operation in terms of noise, fumes, smoke, vapors, gases, odors, heat, glare, vibration, lighting or electrical disturbances than would be the operation of any permitted use in the district nor shall it constitute a “general nuisance” as so defined in Article 2 of this chapter.
G.
Any other reasonable conditions and safeguards, in addition to those expressed in this chapter, may be imposed by the Zoning Hearing Board in the interest of protecting the health, safety and welfare of the public.
§ 145-605 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 2 of this Chapter. The cost of preparing and/or providing such information shall be borne by the applicant.