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ZONING - SU1-SPECIAL USE

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ZONING BOARD APPROVAL OF SPECIAL EXCEPTIONS
§ 172-13. Show of proof. [Amended 9-8-1980 by Ord. No. 1980-14]

A.     Where an application for a special exception is made, the applicant shall have the burden
         of showing that the proposed use is appropriate and in harmony with the general purpose
         and intent of this chapter.
 
Specifically, the applicant shall show the following:

(1)    That his application falls within the provision of this chapter (172) which accords to the 
         applicant the right to seek a special exception.
(2)    That the use is not prejudicial to the character of the immediate vicinity and will not
         have a detrimental effect on neighboring properties.
(3)    That the use is suitable for the property in question and is designed, constructed,
         operated and maintained to be in harmony with and appropriate in appearance with
         the existing or intended character of the immediate vicinity.
(4)    That water, sewage, stormwater drainage, fire and police protection are or can be
         provided for the use.
(5)    That the use is physically suitable for the site and there are not topographical, soil,
         geologic, drainage or environmental features which would cause the proposed
         development to adversely affect the health, safety and welfare of the neighboring
         property or the township.
(6)    That the use is consistent with the statement of community development objectives of
         the Township Planning Study, adopted December 31,   1971, as amended and/or
         supplemented.
B.     In all cases the applicant's burden of proof shall include the duty of presenting credible
        evidence sufficient to persuade the Zoning Hearing Board that the applicant has satisfied
        the criteria set forth in §§ 172-14A and B. 
  
§ 172.14. Special exceptions.
A.    [Amended 9-84980 by Ord. No. 1980-141 General Standards. 

        In determining whether the  allowance of the special exception is contrary to the public interest,
        the Zoning Hearing Board shall consider whether the application, if granted, will:
 
(1)     Substantially increase traffic congestion on streets to such a high degree of probability
          that it will adversely affect the health, safety and welfare of the community;
(2)     Increase the danger of fire or panic or otherwise endanger the public safety;
(3)     Overcrowd the land or create an undue congestion of population;
(4)     Impair stormwater management or cause soil erosion;
(5)     Impair an adequate supply of light and air to adjacent property;
(6)     Be consistent with the character of the surrounding zoning land areas;
(7)     Be detrimental to other properties in the area;
(8)     Affect the character of the immediate neighborhood by failing to conserve the values
          of existing buildings and to encourage the most appropriate use of the land;
(9)     Adversely affect the community development objectives as set forth in this chapter;
(10)   Adversely affect off-street parking;
(11)   Substantially burden water, sewers, groundwater, school, parks and other public
          facilities; and/or
(12)   Otherwise adversely affect the public health, safety, morals or public welfare. 

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