A use identified by the letter "S" means the use must be authorized by special exception. It is subject to the following conditions:
Uses by special exception.
(1) The Board shall have the power to hear and decide applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in
Article V: Uses. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter. In granting a use by special exception, the Board may attach such reasonable safeguards or conditions, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
(2) An applicant for a special exception shall have the burden of establishing both:
(a) That his application falls within the provision of this chapter which accords to the applicant the right to seek a special exception; and
(b) That allowance of the special exception will not be contrary to the public interest.
(3) In determining whether the allowance of a special exception is contrary to the public interest, the Board shall consider whether the application, if granted, will:
(a) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics.
(b) Conflict with the Lower Merion Township Comprehensive Plan.
(c) Provide the required parking required under
Article VIII: Parking Standards, of this chapter.
(d) Adversely affect the logical, efficient and economical extension or provision of public services and facilities, such as public water, sewers, refuse collection, police and fire protection and public schools.
(e) Otherwise adversely affect the public health, safety, or welfare.
(4) The use by special exception must meet the performance standards of the zoning district in which the use is permitted if provided in Article V, Uses. When distance separation requirements are established, measurement shall be measured from property line to property line, except if noted otherwise.
(5) In addition to any applicable requirements contained in
Article V: Uses, the following additional standards shall be met by any applicant for a special exception in any residential district:
(a) The applicant shall demonstrate that all of the required parking shall be installed outside of the front yard. In no case shall the front yard be paved for parking or circulation purposes with the exception of one driveway penetrating it to reach a required parking area. Any additional driveway(s) to reach a required parking area shall be permitted only if authorized by the Board as a part of the order granting the special exception.
(6) Additional regulations for all special exceptions.
(a) This section shall not apply to the following: uses involving fewer than 24 residents/participants per day.
(b) General information. Applicants shall submit with their application data quantifying the anticipated intensity of the proposed use in terms measuring the amount and frequency of public access. Such data shall include, without limitation, the following:
[1] Total number of participants, quantified by type (including but not limited to users/members, teachers, staff, volunteers, residents, students) and by their method and time of arrival and departure from the site.
[2] Age distribution of participants.
[3] Days and hours of operation, including normal periods of concentrated ingress and egress.
[4] Description and expected attendance at regularly scheduled events, including third-party and other uses of the property beyond those commonly associated with like uses of similar properties.
(c) Separation requirements. Separation requirements shall apply to the following residential uses: alternative housing options for the elderly; convent, monastery or similar institutional residential facility; student home, and shared residences for the elderly or disabled. No more than one such use shall be permitted:
[1] Within 500 feet of another use regulated by this subsection and/or a nonconforming use, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use.
(d) Traffic impact study (TIS). The Director of Building and Planning shall require a traffic impact study if needed to assure compliance with the following requirements. If required, the Township Engineer shall determine the scope of the study and the assumptions utilized.
[1] The traffic generated by the proposed use, when combined with the current use, shall not result in a level of service lower than C, or, if the level of service is already C or below, shall not alter such level of service for adjacent streets and/or the nearest intersections thereof.
[2] The proposed use shall demonstrate that it does not create an unsafe traffic condition due to site obstructions at the points of ingress and egress.
[3] The Zoning Hearing Board may impose additional conditions to mitigate the adverse impact of traffic generated by the proposed use, such as requiring staggered starting and ending times, site circulation or enrollment/public access limits.
(e) Loading/queuing requirements. Loading/queuing requirements shall be provided on site in compliance with the following standards, unless otherwise provided for with reference to specific uses:
[1] One loading/queuing space per 10 participants to be dropped off/picked up by automobile per hour at the maximum anticipated level of such activity.
[2] One oversized loading/queuing space per bus loading or discharging at the site at any one time.
[3] Only a new use or that portion of the property proposed for an expanded use shall be required to meet these loading/queuing standards.
[1] Lighting shall be provided along all interior walkways and parking areas to be used after dusk.
[2] Lighting for interior walkways shall be a maximum of 12 feet above finished grade.
[3] Lighting for parking areas shall be a maximum of 12 feet above finished grade unless the applicant can demonstrate that taller lights are necessary for safety purposes.
[4] The source of illumination for all light fixtures on the exterior of the building shall be screened from off-site view.
(g) Buffering. Landscaped buffer areas (including a wall, fence, suitable planting or combination if approved by the Township), incorporating a variety of deciduous and evergreen trees and shrubs shall be provided along all property lines and shall be in compliance with the following:
[a] A minimum of 20 feet in width along the side or rear property lines, but in no case, shall be less than the required setback.
[b] Any existing improvements that project into the required buffer area may remain, provided that they were lawful when built.
