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CHURCH SAVIOUR v. ZONING HEARING BOARD TREDYFFRIN TOWNSHIP AND TREDYFFRIN TOWNSHIP. APPEAL TREDYFFRIN TOWNSHIP (12/12/89)

decided: December 12, 1989.

CHURCH OF THE SAVIOUR
v.
ZONING HEARING BOARD OF TREDYFFRIN TOWNSHIP AND TREDYFFRIN TOWNSHIP. APPEAL OF TREDYFFRIN TOWNSHIP



Appeal from Common Pleas Court, Chester County; Honorable Charles B. Smith, Judge.

COUNSEL

John D. Snyder, Lamb, Windle & McErlane, P.C., West Chester, for appellant.

Jane M. Shields, Paoli, for appellee.

Doyle and Palladino, JJ., and Narick, Senior Judge.

Author: Narick

[ 130 Pa. Commw. Page 544]

The Township of Tredyffrin (Township) appeals from an order of the Court of Common Pleas of Chester County that reversed the Zoning Hearing Board of the Township of Tredyffrin's (Board's) denial of the Church of the Saviour's (church's) application to expand its existing special exception use permit. We affirm.

The church owns four contiguous tracts of land*fn1 on the east side of North Wayne Avenue in the Township. These parcels are located in an R-1 residential zoning district. Section 701(D)(1)(b) of the Township Zoning Ordinance of 1939, as amended, permits in an R-1 district, the following uses:

Use Regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes, and no other:

D. The following uses when authorized as a special exception, subject to the general standards prescribed in Section 1807 and 2110.

1. Educational, religious, cultural or philanthropic use other than a use permitted by the Section above, as follows:

     b. Church, church school, or similar place of worship; convent, monastery or similar religious institution.

[ 130 Pa. Commw. Page 545]

On October 23, 1975, the church was granted a special exception use permit for ...


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