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Special Exception
USE, SPECIAL EXCEPTION
A use which is not permitted as a right, but which, when provided for in this chapter and deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.

Permitted uses by special exception. Within each district, there may be principal uses and their accessory uses permitted by special exception as per Article XV: Zoning Hearing Board, provided that:
(a) A special exception is granted by the Zoning Hearing Board, and a zoning permit is obtained from the Zoning Officer.
(b) There is only one principal use permitted per lot meeting the dimensional requirements, except as provided in § 455-35A.
(c) The use complies with all applicable general and supplemental development and design requirements.
1. Applications for special exceptions and variances.
A. In addition to the requirements specified in the provisions of this chapter permitting the requested special exception, the Board shall consider, where relevant, the following standards and criteria in reviewing any application for approval of a special exception under this chapter, and the applicant shall have the burden to prove compliance with each such standard and criteria:
(1) That the use of the property adjacent to the area included in the special exception is adequately safeguarded. This provision shall require noise abatement, landscaping, buffering, additional setbacks, if necessary, and similar restrictions in order to protect adjacent property.
(2) That vehicular trip generation resulting from the proposed use will not result in such increased traffic or turning movements as will significantly affect existing congestion on streets and roads within the immediate vicinity of the proposed development or adversely impact the reserve capacity of the public roads and road intersections providing access to and in the area of the proposed use.
(3) Improvements to the streets contiguous to the applicant's property, such as road widening, acceleration and deceleration lanes, traffic control devices and similar features, shall be sufficient to obviate any adverse traffic impacts caused by the use and to protect the traveling public, and the location and design of the proposed facilities for ingress or egress shall be so located as to provide safe access to adjoining streets and roads and to avoid unnecessary traffic through existing neighborhoods.
(4) The proposed use shall make adequate provision for access for firefighting and other emergency service equipment. Such access must include, but is not necessarily limited to, turning radii sufficient to accommodate fire equipment, adequacy of roadway and right-of-way widths to accommodate the free flow of such equipment, paved emergency access roads/ways, provision for adequate access in front of, between and behind buildings and structures, including paved or compacted surfaces sufficient to support the weight of fire equipment, and permanently and publicly marked as such.
(5) Require submission of a certificate of adequacy of sewage and water facilities from the Chester County Health Department, the Pennsylvania Department of Environmental Protection, the Easttown Municipal Authority or other regulatory agency having jurisdiction, or evidence of compliance with such requirements determined sufficient by the Board.
(6) Except where otherwise required by this chapter or Chapter 400: Subdivision and Land Development, or the safety of the public otherwise dictates, the total number of access points on major streets and highways shall be limited. The Board shall have the power to require the frontage of buildings on parallel marginal roads or on roads perpendicular to existing public streets and highways.
(7) The proposed use shall specifically comply with all area and bulk regulations, design standards or other general regulations applicable to the proposed use.
(8) The proposed use shall not be contrary or harmful to the health, safety, morals and general welfare.
(9) Any recommendations of the Planning Commission shall be provided to the applicant, and the applicant shall produce evidence to ameliorate any negative concerns raised by the Planning Commission. The Board shall not be bound by such recommendations.
(10) Be assured that the natural features and processes characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of storm waste, the provision of water or sewer service, and any other alterations to the site's predevelopment condition shall be consistent with the Township goals, practices, and plans in these regards, and that demand for water and energy by the proposed use shall be minimized to the optimal extent.
B. In addition to giving consideration to the criteria identified in § 455-116A above, the Board may grant a variance, provided that the applicant has met its burden to prove that all of the following criteria, where relevant in a given case, are met:
(1) There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) Such unnecessary hardship has not been created by the applicant.
(4) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
(5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
2. Conditions of approval for special exceptions and variances.
A. In granting any special exception or variance, the Board shall consider and impose reasonable conditions as it deems necessary to implement the purposes of this chapter, the grant of relief and the Municipalities Planning Code.
3. Expiration of special exceptions and variances; extensions.
A. Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to apply for a building permit or, if no building permit is required, a use and occupancy permit within six months from the date of the Board's decision.
B. The applicant may apply to the Zoning Officer for a single extension not to exceed 180 days from the date the special exception or variance would have otherwise expired, provided that the application is made within the six-month period after the grant by the Board of the original variance or special exception, and not thereafter. If the Zoning Officer determines that there has been no change in the applicable ordinances or the conditions existing at the time of the grant of the original special exception or variance, he may grant such extension to a date certain. Upon taking any such action, the Zoning Officer shall send written notice thereof to the applicant, the Township Engineer, the Township Solicitor and any person who appeared in the original proceedings as a party of record.
C. Any person to whom such notice is required to be sent may appeal to the Board from the Zoning Officer's action, provided that such appeal is duly filed with the Board within 30 days of the Zoning Officer's determination.
Application fee: $75.00 upfront fee for permit application