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Special Exceptions Permit
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards and criteria as provided for specific special exceptions in this chapter and in Subsection D, below.
(1) Expansions. Expansions or additions to uses classified as special exceptions shall also be considered special exceptions. The addition of an accessory structure shall not be considered a special exception.
(2) Procedure.
(a) All applicants for a special exception use shall submit five sets of plans for the proposed use to the Zoning Officer together with a written application.
(b) All applications shall contain the information required in Subsection F, below.
(c) Borough procedures:
[1] The Zoning Officer shall forward the application to the Zoning Hearing Board, the Planning Commission, and the Zoning Hearing Board's Solicitor. A minimum of one copy shall be retained in the Borough files.
[2] The Zoning Officer shall, prior to the Zoning Hearing Board meeting at which the application will be discussed, review the application to determine compliance with this chapter and report these findings to the Zoning Hearing Board.
(d) Planning Commission review of special exception uses.
[1] The Planning Commission shall be provided with an opportunity to review any proposed special exception use. The Planning Commission, at its option, may provide a written advisory review.
[2] If such review is not received by the Zoning Hearing Board within the time limit within which the Board must issue its decision, or within 30 days of such application being sent to the Planning Commission, then the Zoning Hearing Board may make a decision without having received comments from the Planning Commission.
(e) Zoning Hearing Board action on special exception uses.
[1] The Board shall hear and decide a request for a special exception use under the procedures in § 215-109: Zoning Hearing Board hearings and decisions; notice of this chapter and Section 908 of the MPC.
[2] In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter and to protect the public health, safety, and welfare.
(f) Notice.
[1] In addition to the notice and posting requirements of the MPC, notice of all special exception hearings shall be mailed by the applicant to the owners of all properties contiguous to, and across the street from, the parcel which is the subject of the hearing not less than 14 calendar days prior to the hearing. Such notice shall be by certified mail to the last-known address of the contiguous owners and owners across the street as listed in Monroe County tax assessment records, and the applicant shall provide proof of the certified mailing to the Borough.
[2] Failure of the Applicant to complete and provide proof of the required certified mailing to the Borough shall result in the suspension of the hearing and toll the sixty-day period for the commencement of the required hearing before the Borough Council. Notice of any rescheduled hearing shall comply with all applicable requirements.