§ 440-65. Procedure.

The procedure for requesting a special exception is as follows:

A. 

A written application and a preliminary plan shall be filed with the Zoning Officer. The application shall be a form approved by the Borough. 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 MPC.

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 Munhall, 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, sewers, police and 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.