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Wilkes Barre City Zoning Code

ARTICLE 6

- SPECIAL EXCEPTIONS

Section 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.

Section 602. - General provisions.

The Zoning Hearing Board shall hear and decide requests for uses and/or development which are permitted as special exception uses. Special exception uses which address new construction or changes to nonconforming uses shall be referred to the Planning Commission for its review, comments and recommendations it may wish to render prior to final action by the Board. The Board shall grant approval only upon the determination that the proposed use and/or development conforms with all applicable standards and provisions within this Ordinance, and the following expressed standards and criteria:

Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in Section 1410.2, the respective zoning district in which the use is located, all other applicable regulations of this Ordinance, other ordinances of the Township and any applicable State and/or Federal regulations.

Section 603. - Site plan.

Uses classified as a special exception which include new construction shall file, in addition to a zoning permit, a site plan at a scale of not greater than one (1") inch equal twenty (20') 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 one hundred (100') feet of the site.

F.

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.

G.

Streams, ponds, watercourses, wetlands or any other type bodies of water, including natural or man-made drainage swales, located on the site or within one hundred (100) feet of the site.

H.

The location of any residential structure within one hundred (100) feet of any property boundary line of the subject site.

I.

A copy of the current deed of the subject property.

J.

A narrative outline which fully describes the proposed use of the site and the pertinent operational aspects and features of the proposed use.

Section 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 the Comprehensive Plan 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 Ordinance.

G.

Any other reasonable conditions and safeguards, in addition to those expressed in this Ordinance, may be imposed by the Zoning Hearing Board in the interest of protecting the health, safety and welfare of the public.

Section 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 Ordinance. The cost of preparing and/or providing such information shall be borne by the applicant.