West Homestead City Zoning Code
PART 13
SPECIAL EXCEPTIONS
§ 27-1301 Conditions.
[Ord. 560, 6/11/1996, Art. XIII, § 1]
1.
All special exceptions shall be subject to the specific applicable conditions and procedures outlined under this Part, including the following:
A.
Compliance with any other conditions imposed by provisions of this chapters regarding the particular special exception.
B.
Any other applicable regulations, whether in this or any other Borough ordinance, or any county, state, or federal regulations.
C.
Any other conditions imposed by the Zoning Hearing Board, which are deemed necessary for protection of the public health, safety, and welfare.
D.
Only those specific special exceptions listed elsewhere in this chapter as a special exception in a particular district may be permitted under this Part.
§ 27-1302 Procedures.
[Ord. 560, 6/11/1996, Art. XIII, § 2]
1.
The procedure for requesting a special exception is as follows:
A.
A written application and a preliminary plan shall be filed with the office of the Zoning Officer. The application shall be a form approved by the Borough. The preliminary plan shall be similar to the preliminary site plan as detailed in Part 17 of this chapter. The preliminary plan shall address itself to all applicable conditions for the particular special exception.
B.
The preliminary plan and application for each special exception shall be reviewed by the Zoning Officer and a public hearing by the Board shall be set within 45 days of the filing of the preliminary plan and application.
C.
Notice of the Board hearing shall be advertised in accordance with the standards established by the Pennsylvania Municipalities Planning Code. The subject property shall be conspicuously posted with a notice of the request for a special exception and the date and time of the Board hearing, for at least 14 days before the Board hearing. Notice of the hearing shall also be posted at a prominent place inside or outside the municipal building.
D.
The Board shall, at the hearing, examine the preliminary plan and listen to relevant testimony from the owner of the property or his agent, the Zoning Officer, and any interested citizen. The Board may direct any necessary questions to any of the above parties.
E.
The Board shall, within 14 days after the hearing, approve or disapprove the request for the special exception. If the Board disapproves the request, the reasons for disapproval shall be stated.
F.
A special exception shall not be granted unless the Board shall determine:
(1)
That the proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded:
(2)
That the proposed special exception will serve to protect the best interests of the Borough of West Homestead, the convenience of the community, and the public health, safety, and welfare.
(3)
That the effect of the special exception will facilitate the logical, efficient. And economical extension of public services and facilities, such as public water, sewer, police end fire protection, and public schools.
G.
A majority vote of the Board is required for approval.
H.
The property owner, or his agent, and the Zoning Officer shall receive written notification of the Board's decision. Any other interested party may, at the hearing, request to receive such written notification. In any case, the written notification shall be sent within 14 days of the Board's decision.
I.
Appeals from the decisions of the Board are governed by the applicable provisions of the Municipalities Planning Code.
§ 27-1303 General Provisions.
[Ord. 560, 6/11/1996, Art. XIII, § 3]
1.
When a special exception has been denied by the Board, no request for the same special exception at the same location may be refiled with the Zoning Officer for at least one year from the date of that denial. The only exception to this provision shall be if the landowner or his agent can show to the satisfaction of the Board a substantial change in circumstances regarding the property, which would warrant reexamination of the special exception request within the year's limitation. Any such request shall be submitted in writing, along with a special exception application and the appropriate non-refundable fee, to the Zoning Officer.
2.
As approved special exception shall be completed within two years following the date of approval. However, the Board may grant an extension if the landowner, or his agent, requests such an extension and if good cause for the delay is shown. There are no other exceptions to this rule. If, at the end of the two-year period. The special exception is not completed, and if no extension has been granted, the approval of the special exception shall be null and void.
3.
Minor changes in design or specifications of an approved special exception, which in no way constitute any expansion of the special exception, may be approved by the Zoning Officer upon written request. If such change is approved, the Zoning Officer shall notify the Board in writing within seven days of the approval. If any aggrieved person wishes to challenge the approval, he must do so in writing within seven days of receipt of the notice of approval. If a proper challenge is made, the matter shall come before the full for approval. If no challenge is made, the change is approved.
4.
Any change in an approved, but not completed, special exception, and any change in a completed special exception which constitute en expansion of such use, shall be governed by the applicable provisions of this chapter. An improper expansion is a violation of this chapter including, but not limited to, a fine and an action to remove the improper expansion.
§ 27-1304 Specific Conditions.
[Ord. 560, 6/11/1996, Art. XIII, § 4; as amended by Ord. 631, 3/13/2007, § 1]
(Reserved)