Chapter 155 of the Code of the Township of Lower Merion

This chapter is occasionally revised or changed by the Board of Commissioners at official and open public meetings. Every effort is made to keep this website up to date. However, there may be a short period of time between the Board of Commissioners changing this chapter and the revised ordinance being posted in this chapter on this site. If you have any questions about the status of a particular ordinance, please call the Township Secretary at (610) 645-6145.

Chapter 155
ZONING

Please note: The contents of this HTML document are current to Ordinance 3961 of the Code of the Township of Lower Merion.

ARTICLE I, General Provisions: § 155-1. Purpose; community development objectives.; § 155-2. Interpretation.; § 155-3. Construal of provisions.
ARTICLE II, Definitions: § 155-4. Terms Defined.
ARTICLE III, Classification of Districts: § 155-5. Classes of districts.; § 155-6. Zoning Maps.; § 155-7. District boundaries.; § 155-8. Boundary tolerances.; § 155-9. Federal- and state-owned property.
ARTICLE IV, R AA Residence Districts: § 155-10. Applicability.; § 155-11. Use regulations.; § 155-12. Area and width regulations.; § 155-13. Height regulations.
ARTICLE V, R A Residence Districts: § 155-14. Applicability.; § 155-15. Use regulations.; § 155-16. Area and width regulations.
ARTICLE VI, R 1 Residence Districts: § 155-17. Height regulations.; § 155-18. Applicability.; § 155-19. Use regulations.; § 155-20. Area and width regulations.; § 155-21. Height regulations.
ARTICLE VII, R 2 Residence Districts: § 155-22. Applicability.; § 155-23. Use regulations.; § 155-24. Area and width regulations.; § 155-25. Height regulations.
ARTICLE VIII, R 3 Residence Districts: § 155-26. Applicability.; § 155-27. Use regulations.; § 155-28. Area and width regulations.; § 155-29. Height regulations.
ARTICLE IX, R 4 Residence Districts: § 155-30. Applicability.; § 155-31. Use regulations.; § 155-32. Area and width regulations.; § 155-33. Height regulations.
ARTICLE X, R 5 Residence Districts: § 155-34. Applicability.; § 155-35. Use regulations.; § 155-36. Single-family detached dwellings.; § 155-37. Buildings other than single-family detached dwellings and townhouses.; § 155-38. (Reserved)
ARTICLE XI, R 6 Residence Districts: § 155-39. Applicability.; § 155-40. Use regulations.; § 155-41. Single-family detached dwellings.; § 155-42. Single-family semidetached dwellings.; § 155-43. Two-family detached dwellings.; § 155-44. Buildings other than townhouses and single-family detached, single-family semidetached and two-family detached dwellings.; § 155-45. Townhouses.
ARTICLE XII, R 6A Residence Districts: § 155-46. Applicability.; § 155-47. Use regulations.; § 155-48. Single-family detached and semidetached and two-family detached dwellings.; § 155-49. Two-family semidetached dwellings.; § 155-50. Apartment houses.; § 155-50.1. Subsidized apartment housing for elderly.; § 155-50.2. Subsidized apartment housing.; § 155-51. Buildings other than townhouses, single- or two-family detached or semidetached dwellings and apartment houses.; § 155-52. Townhouses.
ARTICLE XIII, R 7 Residence Districts: § 155-53. Applicability.; § 155-54. Use regulations.; § 155-55. Single-family detached and semidetached dwellings.; § 155-56. Two-family detached dwellings.; § 155-57. Two-family semidetached dwellings.; § 155-58. Apartment houses and apartment hotels.; § 155-59. Buildings other than single- or two-family detached or semidetached dwellings, townhouses, apartment houses and apartment hotels.; § 155-60. Townhouses.
ARTICLE XIV, CO Commercial Districts: § 155-61. Applicability.; § 155-62. Use regulations.; § 155-63. Area and width regulations.; § 155-64. Height regulations.; § 155-65. Building length or depth.
ARTICLE XV, CL Commercial Districts: § 155-66. Applicability.; § 155-67. Use regulations.; § 155-68. Area, and width regulations.; § 155-69. Height regulations.
ARTICLE XVI, C 1 Commercial Districts: § 155-70. Applicability.; § 155-71. Use regulations.; § 155-72. Single-family detached and semidetached dwellings.; § 155-73. Two-family detached dwellings.; § 155-74. Two-family semidetached dwellings.; § 155-75. Apartment houses and apartment hotels.; § 155-76. Buildings authorized as special exceptions.; § 155-77. Commercial buildings utilized for dwelling purposes.; § 155-78. Commercial buildings not utilized for dwelling purposes.
ARTICLE XVII, C 2 Commercial Districts: § 155-79. Applicability.; § 155-80. Use regulations.; § 155-81. Single-family detached and semidetached dwellings.; § 155-82. Two-family detached dwellings.; § 155-83. Two-family semidetached dwellings.; § 155-84. Apartment houses and apartment hotels.; § 155-85. Buildings authorized as special exceptions.; § 155-86. Commercial buildings utilized for dwelling purposes.; § 155-87. Commercial buildings not utilized for dwelling purposes.
ARTICLE XVIIA, Ardmore Special Development District: § 155-87.1. Purpose.; § 155-87.2. Definitions.; § 155-87.3. Permitted uses and numeric limitations.; § 155-87.4. Prohibited uses.; § 155-87.5. Criteria for securing use permit.; § 155-87.6. (Reserved); § 155-87.7. (Reserved); § 155-87.8. Area and bulk standards.; § 155-87.9. Design standards.; § 155-87.10. Parking.; § 155-87.11. Signs.; § 155-87.12. Transition areas.; § 155-87.13. (Reserved); § 155-87.14. (Reserved)
ARTICLE XVIIB, Mixed Use Special Transit District (MUST): § 155-87.20. Purpose and Applicability.; § 155-87.21. Use regulations.; § 155-87.22. Dimensional standards for development.; § 155-87.23. Parking and loading requirements.; § 155-87.24. Density.; § 155-87.25. Development Design Standards.
ARTICLE XVIII, M - Manufacturing and Industrial Districts: § 155-88. Applicability.; § 155-89. Use regulations.; § 155-90. Manufacturing and industrial buildings.; § 155-90.1 Regulations for Townhouses, Apartment Houses, and Apartment Hotels.; § 155-90.2 Regulations for other buildings.
ARTICLE XIX, Signs: § 155-91. Legislative intent.; § 155-92. Definitions.; § 155-93. Prohibited signs.; § 155-93.1 Exempt signs.; § 155-93.2 Signs in residence districts.; § 155-93.3 Signs in commercial, manufacturing and industrial districts.; § 155-93.3.1 Signs in Medical Center District.; § 155-93.3.2 Signs in the Bryn Mawr Village District.; § 155-93.4 Nonconforming signs and signs on nonconforming use premises.; § 155-93.5 General regulations.; § 155-93.6 Sign permits.
ARTICLE XX, Off-Street Parking Facilities: § 155-94. General regulations.; § 155-95. Facilities required.; § 155-95.1 Reserve parking.; § 155-96. Reduction of facilities.; § 155-97. Loading and unloading space.; § 155-98. Storage area for drive-in facilities.
ARTICLE XXI, Nonconforming Uses: § 155-99. Nonconforming buildings or uses.; § 155-100. Lots nonconforming as to area and width regulations.; § 155-101. Enclosure of existing porches.; § 155-102. Identification and registration of nonconforming uses and structures.
ARTICLE XXII, Administration and Certificates: § 155-103. Enforcement; § 155-104. Permits Required.; § 155-105. Applications for Permits.; § 155-1051. Application for preliminary opinion.; § 155-106. Issuance of permits.; § 155-107. Appeals and applications.; § 155-108. Zoning Hearing Board certificate.
ARTICLE XXIII, Zoning Hearing Board: § 155-109. Membership.; § 155-110. Powers and duties.; § 155-111. Meetings.; § 155-112. Appeals to Board.; § 155-113. Public hearings.; § 155-114. Standards of proof.; § 155-115. Decisions.; § 155-116. Rules of procedure.; § 155-117. Expirations of special exceptions and variances.; § 155-118. Appeals to Court.
ARTICLE XXIV, Amendments: § 155-119. Power of amendment.; § 155-120. Petition of citizens for zoning change.; § 155-121. Times for public hearings; notice.; § 155-122. Procedure at public hearing.; § 155-123. Protest aganist amendment.; § 155-124. Decision of Board of Commissioners.
ARTICLE XXV, General Regulations: § 155-125. Public utility corporations.; § 155-126. Reduction of lot area.; § 155-127. Averaging of lot sizes.; § 155-128. Rear lot development.; § 155-129. Corner vision obstruction.; § 155-130. Regulation of fences and walls.; § 155-131. Air-conditioning equipment.; § 155-132. Display of temporary signs.; § 155-133. Conversion of dwellings.; § 155-134. Projections in front yards.; § 155-135. Projections and accessory buildings in side yards.; § 155-136. Projections and accessory buildings in rear yards.; § 155-137. Building height requirements, exceptions.; § 155-138. Hard-surfaced sporting or other physical recreation areas.; § 155-139. Residential outdoor lighting.; § 155-140. Prohibited uses.; § 155-141. Certificates of occupancy.; § 155-141.1. Antennas.; § 155-141.2. Wireless communication facilities.; § 155-141.3. Separation requirements.; § 155-141.4. Historic districts.; § 155-141.5. Impervious surface expansion.; § 155-141.6. Common driveways; impervious surface allocation.; § 144-141.7. Vehicle Lifts.
ARTICLE XXVI, Open Space Preservation District: § 155-142. Legislative intent.; § 155-143. District established.; § 155-144. Conditional uses.; § 155-145. General regulations.; § 155-146. Development standards.; § 155-147. Preservation area requirements.; § 155-148. Common open space and facility ownership and maintenance standards.
ARTICLE XXVIA, Historic Resource Overlay District: § 155-149. Legislative intent.; § 155-150. Applicability; Historic Resource Inventory.; § 155-151. Permitted uses.; § 155-152. Bulk, area and setback requirements.; § 155-153. Specific requirements for conditional use approval.; § 155-153.1. Historic resource impact study.
ARTICLE XXVII, Floodplain District: § 155-154. Legislative intent.; § 155-155. Definitions.; § 155-156. District established.; § 155-157. Permitted uses.; § 155-158. Prohibited uses.; § 155-159. Procedure for special exceptions and variances; duties.; § 155-160. Special exceptions.; § 155-161. Variances.; § 155-162. Official responsible.; § 155-162.1. Conflict with other portions of Code.; § 155-162.2. Warning and liability.
ARTICLE XXVIII, Steep Slopes: § 155-163. Legislative intent.; § 155-164. Application of regulations.; § 155-165. Definitions.; § 155-166. Steep slope regulations.; § 155-167. Liability.
ARTICLE XXVIIIA, Continuing Care Facilities for the Elderly: § 155-167.1. Requirements and standards.; § 155-167.2. Parking.; § 155-167.3. Criteria to be considered in granting special exception.
ARTICLE XXVIIIB, Wooded Lots: § 155-167.4. Legislative intent.; § 155-167.5. Application of regulations.; § 155-167.6. Definitions.; § 155-167.7. Wooded lot regulations.
ARTICLE XXIX, Penalties; Remedies; Charges: § 155-168. Designation of violations.; § 155-169. Notice of violation.; § 155-170. Violations and penalties.; § 155-171. Additional remedies.; § 155-172. Charges.; § 155-173. (Reserved); § 155-174. (Reserved)
ARTICLE XXX, Alternative Housing Options for the Elderly: § 155-175. Legislative intent.; § 155-176. Specialized conversions.; § 155-177. Restricted accessory apartment.; § 155-178. Group shared residences for the elderly.
ARTICLE XXXI, MC - Medical Center District [Added 9-22-2004 by Ord. No. 3718]: § 155-180. Legislative Intent.; § 155-181. District established.; § 155-182. Use Regulations.; § 155-183. Area, Width and Bulk Regulations.; § 155-184. Height Regulations and Density Limitations; Setback Requirements.; § 155-185. Vehicular Access.; § 155-186. Covenant.; § 155-187. Buffer Regulations.; § 155-188. Sound Level Limitations.; § 155-189. Exterior Lighting.
ARTICLE XXXII, BMMD - Bryn Mawr Medical District [Added 5-11-2005 by Ord. No. 3777]: § 155-190. Legislative Intent.; § 155-191. Use Regulations.; § 155-192. Area, Width and Bulk Regulations.; § 155-193. Parking and Street Access Requirements.; § 155-194. Development Design Standards.; § 155-195. Landscaping.
ARTICLE XXXIII, ROHO - Rock Hill Overlay District [Added 5-24-2006 by Ord. No. 3781]: § 155-200. Purpose and Applicability.; § 155-201. Use Provisions.; § 155-202. Dimensional Standards for Development.; § 155-203. Parking and Loading Requirements.; § 155-204. Density, Height and Impervious Cover Determination.; § 155-205. Development Design Standards.; § 155-206. Steep Slope Provisions.
ARTICLE XXXIV, BMV - Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]: § 155-210. Purpose and Applicability.; § 155-211. Use Provisions - BMV2 Village District; § 155-212. Use Provisions - BMV1, BMV3 and BMV4 Village Districts; § 155-213. Dimensional Standards for Development.; § 155-214. Parking and Loading.; § 155-215. Development Design Standards.
ARTICLE XXXV, City Avenue District [Added 4-30-2012 by Ord. No. 3961]: § 155-216. Purpose and Applicability.; § 155-217. City Avenue District - Regional Center Area (RCA); § 155-218. City Avenue District - Bala Cynwyd Retail District (BCR)
TABLE of ZONING MAP AMENDMENTS Attachment 1: Table of Zoning Map Amendments

GENERAL REFERENCES
Environmental Advisory Council -- See Ch. 13.
Planning agencies -- See Ch. 34.
Building construction -- See Ch. 62.
Historic districts -- See Ch. 88.
Natural features conservation -- See Ch. 101.
Subdivision and land development -- See Ch. 135.
Building line ordinances -- See Ch. A163.
Fees -- See Ch. A167.
Zoning Hearing Board: Rules -- See Ch. A172.

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 3-16-1927 by Ord. No. 244; readopted in its entirety 5-15-1974 by Ord. No. 1722. {Ordinance No. 1722 provided that the Lower Merion Zoning Ordinance of 1927, as amended (Ord. No. 1417, as amended), and all amendments and supplements thereto be amended, revised and reenacted so as to incorporate therein all changes in numerology and all clarification of language therein as set forth in the February 1974 reprinting of said ordinance, but without making any substantive changes in said ordinance. Such readoptions of the Zoning Ordinance of 1927, as amended, had also been accomplished by Ord. No. 640, adopted 4-19-1939; Ord. No. 1009, adopted 11-21-1951; and Ord. No. 1417, adopted 3-20-1963.} Subsequent amendments noted where applicable.]

ARTICLE I
General Provisions

§ 155-1. Purpose; community development objectives.

This chapter is enacted for the following purposes:
1. To protect and promote safety, health and morals.
2. To accomplish a coordinated development of this township and adjacent municipalities.
3. To provide for the general welfare by guiding and protecting amenity, convenience and future governmental, economic, practical, social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions.
4. To guide uses of land and structures and the type and location of streets, public grounds and other facilities.
5. To permit this township and adjacent municipalities to minimize such problems as may presently exist or as may be foreseen.
Furthermore, this chapter is designed and intended:
1. To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; as well as
2. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, and loss of health, life or property from fire, flood, panic or other dangers.
This chapter and all amendments thereto have been made in accordance with an overall program and with consideration for the character of the township and its various parts and the suitability of the various parts for particular uses and structures.

§ 155-2. Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the township.

§ 155-3. Construal of provisions. [Amended 9-21-1977 by Ord. No. 1802]

It is not intended by this chapter to interfere with or abrogate or annul any Building Code in effect or any rules, regulations or permits previously adopted or issued thereunder, or the rules and regulations of the Board of Health of the Township of Lower Merion or any rules, regulations or permits previously adopted or issued thereunder and not in conflict with any of the provisions of this chapter, provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are imposed or required by such code, rules, regulations or permits, the provisions of this chapter shall control.

ARTICLE II
Definitions

§ 155-4. Terms Defined.

Word usage. As used in this chapter, the present tense includes the future; the singular number includes the plural, and the plural includes the singular; the word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof"; the word "occupy" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged, designed or intended to be used"; and the word "shall" is always mandatory.
Words and terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article:
ACCESSORY APARTMENT --
A single-family dwelling unit formed from the conversion of a single-family dwelling into two single-family dwelling units, each with its own cooking facilities, neither of which may be a student home. One dwelling unit shall be occupied by the owner or lessor of the second dwelling unit. [Added 3-15-2000 by Ord. No. 3560]
ACCESSORY BUILDING --
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. Where a building is accessory to a building permitted by special exception, then the accessory building shall be permitted only if a special exception is obtained. [Amended 2-20-1991 by Ord. No. 3226]
ACCESSORY USES --
A use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto. Where a use is accessory to a use permitted by special exception, then the accessory use shall be permitted only if a special exception is obtained. [Amended 2-20-1991 by Ord. No. 3226]
ACCESSWAY --

A formalized path, walkway or other physical connection that allows pedestrians to directly reach destinations. [Added 5-11-2005 by Ord. No. 3742; amended 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord, No. 3776; 5-10-2006 by Ord. No. 3777]
ACCREDITED EDUCATIONAL INSTITUTION --
A private nursery, elementary, secondary or special education school which has been licensed by the State Board of Private Academic Schools; a degree-granting college or university which has obtained total institutional accreditation from appropriate accrediting agencies recognized by the federal government and Pennsylvania State Board of Education or approved by the Pennsylvania State Board of Education to grant degrees. [Added 6-17-1998 by Ord. No. 3491]
ALLEY --
Land over which there is a right-of-way, municipally or privately owned, on which no dwelling or stores front, serving as a secondary means of access to two or more lots.
AMBULANCE SERVICE --
A facility housing ambulance or medical emergency vehicles and attendant staff including offices and supply storage. [Added 9-22-2004 by Ord. No. 3718]
ANTENNA --
Apparatus capable of transmitting or receiving telecommunications information or use in operating conventional television sets. This definition shall include conventional television antennas and satellite earth stations, more commonly known as "satellite dishes," but only if such satellite earth stations are more than 24 inches in diameter. [Added 6-19-1991 by Ord. No. 3244; amended 11-15-1995 by Ord. No. 3404]
APARTMENT --
A room or group of rooms in an apartment house or an apartment hotel, designed for and occupied exclusively as a residence for only one family or one student home. [Amended 7-19-2000 by Ord. No. 3578]
APARTMENT HOTEL --
An apartment house which provides meal services for its tenants and their guests, with or without a central dining room, such service being not available to the general public.
APARTMENT HOUSE --
A building designed for and occupied exclusively as a residence for three or more families living independently of one another.
APPLICANT --
The legal or equitable owner of the real property being submitted for development approval. Equitable owner may include a contract purchaser or lessee. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
ARCADE --
A covered walkway attached to a building and supported on the sides but not attached to the building by columns. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-24-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
ARTICULATION --
The visible expression of architectural or landscape elements through form, structure or materials that “break up” the overall scale of buildings and spaces to achieve human scale. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
ASSISTED LIVING UNIT --
A personal care unit within a Continuing Care Facility for the Elderly, as licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance or supervision is provided for a person exceeding twenty-four (24) consecutive hours and who requires assistance or supervision in matters such as dressing, bathing, diet, or medication prescribed for self-administration, but do not require hospitalization or care in a skilled nursing or intermediate care facility. [Added 9-21-2005 by Ord. No. 3755]
BACKGROUND SOUND LEVEL --
The total sound pressure level in the area of interest excluding the noise source of interest. [Added 9-22-2004 by Ord. No. 3718]

BED-AND-BREAKFAST --
A building used for the purpose of furnishing temporary lodging to guests together with food service to such guests, limited to breakfast and sometimes lunch or afternoon tea, prepared and served on site only to such guests, and having an owner or manager in residence on the property. Such temporary lodging would normally be for a few nights and typically would not exceed a week. [Added 3-15-2000 by Ord. No. 3560]
BOARD --
The Board of Commissioners of the Township of Lower Merion. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753]
BUFFER AREA --
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in this chapter, which is landscaped for the full width and on which is placed a screen of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening to an abutting property, district or street. The required screen shall be permanently maintained and shall constitute a planting of dense trees or shrubbery or a compact hedge or, where otherwise specifically designated in this chapter, an appropriate wall, fence, suitable planting or combination thereof. [Amended 9-21-1977 by Ord. No. 1802]
BUFFER LANSCAPE --
A landscaped buffer area planted with trees and shrubs which, in the opinion of the Township Arborist, will provide a sustainable visual screen. A sustainable visual screen is one which after three years should block ninety percent (90%) of through views up to a height of six (6) feet. No more than one vehicular entrance and one vehicular exit are permitted through the buffer area. Pedestrian access through the buffer shall not be limited. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
BUILDING AREA --
The building footprint measured by the horizontal cross section of a building at its greatest outside dimensions at or above the ground level, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies. [Amended 6-17-1998 by Ord. No. 3491]
BUILDING LINE --
The line which establishes the minimum depth of the front yard for the particular district, as measured from the street line.
BUILDING SCALE --
The relationship between the mass of a building and its surroundings, including the width of street, nearby open space, and the mass of buildings on adjacent properties. Mass is determined by the three-dimensional bulk of a structure: height, width and depth. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
BUILD-TO LINE --
The location along a lot’s Frontage where the building’s façade shall be placed. Build-to Lines are generally situated between the right of way and the front yard setback and are used to create a unified street wall. [Added 4-26-2006 by Ord. No. 3776]
CERTIFIED EDUCATIONAL INSTITUTION --
A private nonlicensed elementary or secondary school which has a certificate from the Pennsylvania State Board of Education or any private educational institution, other than an accredited educational institution, conforming to this chapter which operated in the township on June 17, 1998. [Added 6-17-1998 by Ord. No. 3491]
CLASS I HISTORIC RESOURCE [Added 3-15-2000 by Ord. No. 3560] --
Any of the following:
1. All sites designated by the Secretary of the Interior as National Historic Landmarks;
2. All buildings, structures and sites listed individually in the National Register of Historic Places;
3. All buildings and structures classified as "certified historic structures" by the Secretary of the Interior;
4. All buildings, structures and sites documented as "contributing resources" in any National Register Historic District;
5. All buildings, structures and sites documented as "contributing resources" in any local historic district certified by the Pennsylvania Historical and Museum Commission (PHMC) in accordance with Pennsylvania Act 167; and
6. Any resources which have received a determination of eligibility (DOE) from the PHMC.
CLASS II HISTORIC RESOURCE [Added 3-15-2000 by Ord. No. 3560] --
Any of the following:
1. All historic resources individually listed in the Lower Merion Township Historic Resource Inventory, not otherwise designated a Class I Historic Resource, and approved as such by the Board of Commissioners pursuant to the provisions of Chapter 88; and
2. All buildings, structures and sites documented as "contributing resources" in an historic neighborhood, having received a determination of eligibility (DOE) from the PHMC.
CLEAR WINDOW --
The amount of glass surface of a window that allows 100% Visual Permeability.[Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
COMMERCIAL PARKING FACILITY --
a parking structure operated for economic gain where 50% or more of its parking spaces are not accessory to a primary use and the spaces are available to the public on a first come first serve basis. This term does not include park-and-ride lots. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3782]
COMMERCIAL TRAFFIC VISIT --
Any visit or delivery, except regular mail delivery, by a vehicle to a property on which a home or occupation is conducted, such being made in connection with that home occupation. [Added 3-20-1985 by Ord. No. 2068]
COMMON DRIVEWAY --
Any portion of the driveway on a lot (or lots) not specifically for the exclusive use of that lot. [Added 9-16-1998 by Ord. No. 3496]
COMMON OPEN SPACE --
A parcel or parcels of land, an area of water or a combination of land and water, within a subdivision or land development, designed or intended for use or enjoyment of residents of the subdivision or land development, including streets, off-street parking areas or areas set aside for public facilities. Common open space shall be substantially free of structures except as permitted in Open Space Preservation Districts, but may contain such improvements as are appropriate for the recreation of residents and which are set forth in the subdivision or land development plan as finally approved by the Board of Commissioners. [Added 12-20-1978 by Ord. No. 1844; amended 12-19-1990 by Ord. No. 3222]
COMMUNITY ART CENTER --
A Community Center whose purpose is limited to serving artists and arts organizations by, for example, providing them with exhibition, workshop, classroom and office space, and to serving the public. [Added 2-13-2009 by Ord. No. 3879]
COMMUNITY CENTER --
A facility maintained principally as a multiple-purpose gathering place for members of the general public, or a limited portion thereof. The community center may include a management office comprising no more than 15% of the habitable floor area as an accessory use to manage the center and related facilities. [Added 2-20-2002 by Ord. No. 3633]
COMMUNITY RESIDENTIAL PROGRAM --
An establishment, sometimes referred to as a "community living arrangement" or a "group home," licensed by the Commonwealth of Pennsylvania, that provides a home for not more than eight handicapped individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. "Handicapped" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). [Added 5-17-1989 by Ord. No. 3154; amended 7-18-1990 by Ord. No. 3199]
CONDOMINIUM --
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and organized in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. [Amended 9-18-1985 by Ord. No. 2085]
CONSERVATION EASEMENT --
A legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portions of the property to carry out the purposes of this chapter. [Added 12-19-1990 by Ord. No. 3222]
CONTIGUOUS --
Sharing part of a common property or boundary line; abutting and not separated by a street. [Added 7-19-2000 by Ord. No. 3578]
CONTINUING CARE FACILITY FOR THE ELDERLY [Added 2-15-1984 by Ord. No. 2046; amended 2-21-1990 by Ord. No. 3182; amended 9-21-2005 by Ord. No. 3755] --
A development consisting of residential living units exclusively for persons who are 60 years of age or older and for married couples with one spouse or both spouses being 60 years of age or older. Such developments shall provide nursing facilities containing assisted living and/or nursing units for not more than 45% and not less than 25% of the number of residential living units, consistent with the density calculations of §155-167.1 A. (4 and 5), health care services and meals for residents (with or without common dining facilities). Such developments may also provide the following facilities and services for the exclusive use of the residents and nonresidents occupying assisted living and/or nursing units: physical therapy facilities; auditoriums; recreation facilities; on-site service shops; and other ancillary services deemed to be appropriate by the Zoning Hearing Board. These facilities in such developments shall be for the exclusive use of the residents, except that such nursing facilities and any additional facilities and services or any addition or additions thereto may be occupied and used after their completion by nonresidents occupying assisted living and/or nursing units on a limited basis as follows:
1. During the first two years of occupancy, any beds not occupied by residents may be occupied by nonresidents;
2. During the third and fourth years of occupancy, not more than 80% of the total number of beds may be occupied by nonresidents;
3. During the fifth and sixth years of occupancy, not more than 50% of the total number of beds may be occupied by nonresidents;
4. During the seventh and eighth years of occupancy, not more than 25% of the total number of beds may be occupied by nonresidents; and
5. After the eighth year of occupancy, not more than 10% of the total number of beds may be occupied by nonresidents.
CONTRIBUTING RESOURCE --
A building, structure or site adding to the historic significance of a property, neighborhood or district. [Added 3-15-2000 by Ord. No. 3560]
COURT, INNER --
An open space substantially enclosed on all sides by the walls of a building.
COURT, OUTER --
An open space partly enclosed by the walls of a building.
CULTURAL LANDSCAPE --
The minimum essential setting or context in which an identified historic resource retains its historic integrity; "resource" being constituted by either individual object, site or structure or by multiple objects, sites or structures (historic district); "historic setting" including both natural (trees, streams, slopes, etc.) and man-made (bridges and walls, outbuildings, such as spring houses, barns, corn cribs, railroad tracks, cemetery markers, etc.) features; "historic integrity" being the unimpaired state which allows the viewer of the resource to have a better understanding of the materials and culture of the past. [Amended 12-19-1990 by Ord. No. 3222]
CULTURAL STUDIO --
A facility used for providing to the public instruction in the performing arts, limited to dance, music and theater, and the fine arts, including drawing, painting, photography and sculpture. [Added 3-15-2000 by Ord. No. 3560]
DAY CARE CENTER --
A facility for the care of infants and pre-school children. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
DEMOLITION or DEMOLISH --
The razing or destruction, whether entirely or in significant part, of the exterior of a building, structure or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction. [Added 3-15-2000 by Ord. No. 3560]
DIRECTOR OF BUILDING AND ZONING --
A Township of Lower Merion official, formerly known as the "Director of Building Regulations," whose duties include, as Zoning Officer, the administration of this chapter.
DRIVE-THROUGH FACILITY --
Facilities allowing transactions for goods or services without leaving a motor vehicle. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3782]
DWELLING --
A building designed for and occupied exclusively for residence purposes.
1. ATTACHED DWELLING -- A building which has two party walls in common with adjacent buildings.
2. SINGLE-FAMILY DETACHED DWELLING -- A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
3. SINGLE-FAMILY SEMIDETACHED DWELLING -- A building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building.
4. TWO-FAMILY DETACHED DWELLING -- A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent building.
5. TWO-FAMILY SEMIDETACHED DWELLING -- A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having a party wall in common with an adjacent building.
EASEMENT --
A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage or public access). The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee. [Added 12-19-1990 by Ord. No. 3222]
EFFECTIVE DATE --
The effective date of this chapter is April 26, 1927, except that as to amendments, the effective date shall be the date when the particular amendment became or becomes effective.
ENVIRONMENTALLY SENSITIVE AREA --
See § 101-3. [Added 12-19-1990 by Ord. No. 3222]
EMPLOYEE DAY CARE --
A facility for the care of infants and pre-school children of employees of the principal or accessory uses. [Added 9-22-2004 by Ord. No. 3718]
EXPANDED USE --
The enlargement of the use of property evidenced by any of the following: the construction of or addition to a building, a parking lot or outdoor recreation structure or equipment; the construction of a new athletic field, a new playground or a new hard-surfaced area designed or intended to be used for sporting or other physical recreation activities; the extension of the use of property beyond the permitted parameters established by the Zoning Hearing Board, or beyond those parameters established in the record of testimony presented to the Zoning Hearing Board in support of an approved application; an increase of five persons or 10%, whichever is greater, in the student and faculty or participant population associated with the use as it was authorized by a previously granted special exception or, if not so authorized, as it had been historically used; an increase of five persons or 10%, whichever is greater, in the student and faculty or participant population of driving age associated with the use as it was authorized or, if unauthorized, as it historically experienced; or a change in the days or hours of normal operation. [Added 6-17-1998 by Ord. No. 3491]
FAMILY --
Any number of individuals living and cooking together as a single housekeeping unit, including not more than three unrelated individuals. The term "unrelated individual" shall include any individual who is unrelated by blood, marriage or legal adoption to any other individual in the unit, but it excludes domestic servants and minor foster children. The term "family" shall include a community residential program for not more than three unrelated individuals, but shall not include a student home. [Amended 2-15-1989 by Ord. No. 3139; 5-17-1989 by Ord. No. 3154; 7-18-1990 by Ord. No. 3199]
FARMERS' MARKET --
A Producer-Only Farmers’ Market where only locally produced Food and Agricultural Products are sold. [Amended 4-8-2010 by Ord. No. 3907]
1. “Food and Agricultural Products” means vegetables, fruits, eggs, dairy products (milk, cheeses, yogurt, ice cream), meats, grains, baked goods, juices, other edible food stuffs (such as chocolates, honey, jams, salsa and candies), flowers and other fresh or dried plant materials.
2. "Locally Produced Food and Agricultural Products" means Food and Agricultural Products raised, grown and/or produced no more than 150 miles from the site of the Farmers' Market.
3. "Producer-Only Farmers' Market" means that the entity or person selling the Food and Agricultural Products must raise, grow and/or produce the Locally Produced Food and Agricultural Products that they are selling
FAST FOOD ESTABLISHMENT --
A food service business that offers relatively immediate service of semi-prepared or prepared foods for take-out or in-house consumption in disposable containers and serving walk-in and/or drive-through customers. [Added 4-26-2006 by Ord. No. 3776]
FITNESS CENTER --
A place, building or portion of a building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building, be operated for profit or not for profit, and be open only to bona fide members and guests of the organization or open to the public for a fee. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No 3782]
FLOOR AREA --
As applied to a building or part thereof the sum of the horizontal areas enclosed by outside walls, fire walls or party walls of the principal and accessory buildings. For the purpose of determining floor area ratio, any space devoted to required off-street parking, loading or vehicular access thereto shall not be included in calculating floor area.
FLOOR AREA, HABITABLE --
The floor area within outside walls, exclusive of basements and open porches, and excluding garages and accessory buildings. [Amended 6-17-1998 by Ord. No. 3491]
FLOOR AREA RATIO --
The floor area of the building or buildings on any lot divided by the area of such lot. [Amended 9-21-1977 by Ord. No. 1802]
FREEWAY ARTERIAL --
Regional routes shown on the Official Highway Map serving as a means of vehicular travel connecting major population centers and carrying high volumes of traffic for considerable distances at maximum safe speed. [Added 8-14-1976 by Ord. No. 1772]
FRONTAGE --
The linear edge of a lot adjacent to the lot line abutting a street or public right of way. [Added 5-11-2005 by Ord. No. 3742; amended 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
GARAGE:
1. PRIVATE GARAGE -- A building accessory to a single-family or two-family dwelling, for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot, but it shall not provide for the storage of more than two motor vehicles unless the lot contains not less than 1,250 square feet for each motor vehicle provided for, nor shall it be used for the storage of more than two motor vehicles (not trucks) owned and used by others regardless of the size of the lot.
2. PUBLIC GARAGE -- A building, not a private or storage garage, used solely for the storage, sale, service or repair of motor vehicles.
3. STORAGE GARAGE -- A building, not a private or public garage, used solely for the storage of motor vehicles (not trucks) but not for the sale, service or repair of motor vehicles.
GREEN ROOF --
An engineered, multi-layered roofing system sustaining the growth of plants on a rooftop while protecting the integrity of the underlying structure. The components of a green roof consist of a waterproofing membrane, root barrier, drainage layer, retention layer, filter fabric, growing medium and plants. [Added 5-1-2008 by Ord. No. 3849]
GROCERY STORE --
a food market with more than 7,500 square feet of Floor Area. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3781]
GROUND FLOOR --
The first floor of a building other than a cellar or basement. [Added 5-11-2005 by Ord. No. 3742; amended 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
HEALTH CLINIC --
An institution providing non-surgical treatment, care, examination and diagnosis and preventive health services including inoculation and educational services to outpatients. [Added 9-22-2004 by Ord. No. 3718]
HEIGHT OF BUILDING --
A building’s vertical measurement from the mean level of the ground surrounding the building, or from a point four and one half feet above the lowest level of the ground surrounding the building, which ever is the lower, to the highest point of the roof, subject to the following: [Amended 10-21-1992 by Ord. No. 3300; 5-19-2004 by Ord No. 3710; 12-21-2005 by Ord. No. 3762]
1. The maximum height of building permitted in each zoning district for one and two family dwellings shall not include chimneys and up to one cupola, finial or similar projection. The maximum height of building permitted in each zoning district for other permitted uses shall not include chimneys, parapet walls up to 30 inches, spires and similar projections, or equipment housings, provided the equipment housings, or any one of them, do not exceed 12 feet in height or occupy more than 10% of the roof area.
2. One opening in the foundation wall of a one or two family dwelling which provides for ingress and egress and/or light and air and which does not total more than 8 feet in length may be excluded in determining the mean level of the ground or the lowest level of the ground surrounding the building.
3. Openings in the foundation wall for other permitted uses may be excluded in determining the mean level of the ground or the lowest level of tghe ground surrounding the building in the following instances:
  1. Openings up to 25 freet in length may be excluded when providing access to required undergroung parking spaces.
  2. Openings may be excluded if required to with the building exit provisions in the building and fire code.
  3. Openings may be excluded if required for ventilation wells or shafts to comply with the mechanical code.
HISTORIC NEIGHBORHOOD --
An area researched, documented, reviewed by the Pennsylvania Historic and Museum Commission and determined eligible by that Commission for inclusion on the National Register. An historic neighborhood includes all buildings, structures and sites located within it, whether or not they contribute to the character of the area. [Added 3-15-2000 by Ord. No. 3560]
HISTORIC SITE --
See § 135-2. [Added 12-19-1990 by Ord. No. 3222]
HOME OCCUPATION --
Any lawful occupation constituting, either entirely or partly, the livelihood of a person, which is conducted in the practitioner's principal residence as an incidental use. Two people sharing a dwelling unit, provided that it is their principal dwelling, shall each be permitted to practice. [Amended 3-20-1985 by Ord. No. 2068; 3-15-2000 by Ord. No. 3560]
1. NONTRAFFIC HOME OCCUPATION -- A home occupation which involves no commercial traffic visits.
2. MINOR HOME OCCUPATION -- A home occupation which involves no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m.
3. HISTORIC RESOURCE HOME OCCUPATION - A home occupation which involves not more than eight commercial visits per day and one employee in addition to the practitioner for every 500 square feet of gross habitable floor area devoted to the home occupation, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m. No more than 1/4 of the habitable floor area shall be used for the historic resource home occupation. An historic resource home occupation may also be conducted in a structure accessory to the practitioner's principal residence, provided that the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory.
HOSPITAL --
An institution providing primary physical or mental health services and medical or surgical care of the sick, handicapped or injured including facilities for overnight accommodation of patients. Hospitals may include various ancillary activities which are customarily incidental to and in direct support of the primary health care mission of the hospital. Such ancillary activities would include clinics, medical offices, hospital administrative offices, laboratories, pharmacies, gift shops, teaching facilities, research facilities, rehabilitation facilities, patient hostels, hospital staff dormitory, employee day care, and diagnostic or treatment facilities which are integrated with the hospital facilities. [Added 9-22-2004 by Ord. No. 3718; amended 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
HOSPITAL STAFF DORMITORY --
A structure providing residential accommodations (including cooking facilities) for the employees or students of the hospital. [Added 9-22-2004 by Ord. No. 3718]
HOTEL --
A building used for the purpose of furnishing food and lodging to the public and having lodging accommodations for 10 or more guests.
IMPERVIOUS SURFACE --
Any material placed on or above the earth, the artificial impacting of the earth, or any material change in the natural surface of the earth which substantially reduces or prevents the natural percolation of water or which reduces the undisturbed open spaces areas on a lot. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas (whether hard surfaced or not); driveways; sidewalks; patios and decks; sport courts; and pools. [Added 10-17-1990 by Ord. No. 3208; amended 10-20-1993 by Ord. No. 3337; amended 4-17-2002 by Ord. No. 3639; 9-25-2006 by Ord No. 3790]
1. Wood decks less than 200 square feet if constructed with a space between each plank and if the deck is constructed over a pervious surface. One half of the area of such wood decks exceeding 200 square feet shall be considered impervious surface.
2. Pathways 6 feet or less in width that employ grass pavers or porous paving and which are not intended for automobile use.
INDOOR ENTERTAINMENT FACILITIES --
A structure or facility used for the presentation of the performing arts, including theaters for live and recorded performances, excluding adult entertainment. [Added 4-30-2012 by Ord. No. 3961]
INDOOR FAMILY ENTERTAINMENT CENTER --
A structure or facility with multiple attractions, including various games and facilities to accommodate birthday parties. [Added 4-30-2012 by Ord. No. 3961]
INDOOR RECREATIONAL FACILITIES --
A structure or facility used as an athletic, health or Fitness Center including, for example,a gym, bowling alley, skating rink, swimming pool, athletic field, tennis court or other similar activities, and conducted entirely within a building. [Added 4-30-2012 by Ord. No. 3961]
LINER RETAIL --
A retail building adjacent to a street and serving pedestrian traffic. It is located at the front of a larger retail site that may also contain large retail uses or a Parking Structure. [Added 4-26-2006 by Ord. No. 3776]
LIVE-WORK –-
a residential unit that is also used for commercial purposes for a time, with a minimum of 25% of the total building area given to the nonresidential use within the same structure as the residential component. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3782]
LOGGIA –-
a roofed, but open Arcade along the front or side of a building on an upper Story. [Added 4-26-2006 by Ord. No. 3776]
LOT --
A parcel of land which is occupied or intended to be occupied by one principal building, except as specifically permitted in apartment and townhouse developments, in CO, CL, C1 and C2 Commercial Districts, in the M Manufacturing and Industrial District and in the MC-Medical Center and BMMD-Bryn Mawr Medical Districts, together with any accessory buildings customarily incidental to such principal building(s) and such open spaces as are arranged or designed to be used in connection with such principal building(s), such open spaces to be not less than the minimum required by this chapter. The area of a lot shall be that portion of the lot or parcel of land lying within the property lines and between the rear property line and the nearest street line.) [Amended 2-19-1986 by Ord. No. 3003; 9-20-1989 by Ord. No. 3162; 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
LOT AREA - NET COMMERCIAL --
The total area of that portion of a lot lying within a CL, C1, C2 and/or CO Zoning District. [Added 5-24-2006 by Ord. No. 3782]
LOT WIDTH --
The required lot width in all districts shall be measured on a straight line between two points on the side lot lines equidistant from the street line. [Added 2-18-1987 by Ord. No. 3034]
MEDICAL CENTER --
An institution which, in addition to providing primary health services, also provides tertiary and quaternary care with an emphasis on sub-specialty medical and surgical care of patients and medical education, and which may include ancillary activities such as laboratories, clinics, rehabilitation facilities, training facilities, conference facilities, vehicular ambulance service, pharmacies, cafeterias and gift shops as accessory uses and which are customarily incidental to and in direct support of the primary health care mission of the medical center. [Added 9-22-2004 by Ord. No. 3718]
MEDICAL CLINIC --
An institution providing outpatient mental health services and medical or surgical care of the sick, handicapped or injured but not including health clinics and doctors’ offices. [Added 9-22-2004 by Ord. No. 3718]
MEDICAL LABORATORY --
A place, building or portion of a building providing services to physicians to analyze and test physical samples and specimens for the diagnosis and treatment of patients.[Added 9-22-2004 by Ord. No. 3718; amended 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
MEDICAL OFFICE --
A place, building or portion of a building involving the treatment and examination of patients and the furnishing of medical, surgical or other services to individuals. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
MINOR STREETS --
Local routes shown on the Official Highway Map serving as a means of vehicular travel primarily to give access to abutting properties and not intended to carry through traffic. [Added 8-14-1976 by Ord. No. 1772]
MIXED USE --
Development contained within a single lot or within a master plan development (i.e., in one or more contiguous buildings) which contains different land use categories. No one use may utilize more than 80% of the building area. Where there is more than one building on a lot, no one use may utilize more than 80% of the total building area. For purposes of calculating the use limitation above, accessory parking shall not be included. Uses shall provide a variety of peak-hour pedestrian and vehicular activity times. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No 3781; 9-25-2006 by Ord No. 3792] A multiple-use building with one or more non-residential uses occupying a minimum of 75% of the Ground Floor level directly accessible from a public street or Pedestrian Way. Such uses must have a minimum depth of 60 feet. Upper floors of the same Mixed-Use building must be occupied by a different use than that on the Ground Floor but may also include an upper floor retail or Restaurant use. [Added 4-30-2012 by Ord. No. 3961]
NARROW LOT --
Any lot abutting a street which shall have less than the required width at the street line or at any point between the street line and a point 25 feet beyond the proposed building. [Added 2-18-1987 by Ord. No. 3034]
NATURAL FEATURE --
See § 101-3. [Added 12-19-1990 by Ord. No. 3222]
NET LOT AREA --
The total area of a parcel, not including the right of way of any road or the residentially zoned portion of any parcel located in the ROHO. [Added 5-24-2006 by Ord. No. 3781]
NONCONFORMING --
A building, use or lot which, by reason of design, size or use, does not conform to the requirements of the district or districts in which it is located.
OFFICIAL HIGHWAY MAP --
A map depicting the routes of vehicular travel within the township, which is part of the Township of Lower Merion General Comprehensive Plan, dated 1962, adopted by the Board of Commissioners on April 18, 1962, which depiction of such routes only is hereby incorporated by reference in this chapter and shall be as much a part of this chapter as if fully described herein; provided, however, that said depiction may be amended from time to time in accordance with the terms of Article XXIV of this chapter. The depiction of said routes is available for inspection by the public at the office of the Township of Lower Merion Department of Building and Planning during regular business hours. [Added 8-14-1976 by Ord. No. 1772; 1-19-2002 by Ord. No. 3630]
OFF-TRACK BETTING PARLOR --
Any facility in which pari-mutuel wagering is conducted pursuant to the Race Horse Industry Reform Act, Act of December 17, 1981, P.L. 435, No. 135, § 101 et seq. [Added 11-15-2000 by Ord. No. 3590]
OVERHANG --
The architectural elements of a building that extends horizontally beyond the wall over a street or walkway. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PARCEL --
See definition of LOT. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
PARKING FACILITY --
A facility providing either off-street parking and/or parking in a structure. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
PARKING STRUCTURE --
A parking garage located above ground and/or underground consisting of one or more levels; not surface parking. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753, amended by Ord. No. 3776 and Ord. No. 3781]
PARKING-AND-RIDE LOT --
A lot where people park their cars and then board transit vehicles or other automobiles (including carpooling) for transportation to another location. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3782]
PARKING, OFF-STREET --
Marked or unmarked parking located within a parcel and outside a private or public right of way. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PARKING, ON-STREET --
Marked or unmarked parking located outside of a parcel and within a private or public right of way. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PATIENT HOSTEL --
A residential facility for the sole use of patients being admitted or discharged from the hospital and their immediate families. The facility may include a shared dining facility which is restricted to the use of the hostel occupants. [Added 9-22-2004 by Ord. No. 3718]
PEDESTRIAN ORIENTED DESIGN --
The design of communities, neighborhoods, streetscapes, sites and buildings that emphasizes pedestrian access, walking comfort and visual interest. Transit-Oriented Design is a particular type of Pedestrian Oriented Design that includes location efficiency, design and intensity of land use to support both transit and pedestrians.[Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord. No. 3782]
PEDESTRIAN-ORIENTED STREET --
A street where adjacent uses generate and encourage foot traffic. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PEDESTRIAN SCALE --
The size and proportion of physical environmental elements that closely relate to the human body, e.g., a 16-foot lamppost vs. a 30-foot lamppost, or a façade with vertically oriented framed windows vs. a façade with a continuous and unarticulated window wall.[Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776]
PEDESTRIAN WAY --
A linear space or an area where the primary users are pedestrians and that may also accommodate bicyclists. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PERGOLA --
An arbor or passageway with a roof or trelliswork on which climbing plants can be trained to grow. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
PORTICO --
A porch or walkway with a roof supported by columns, often leading to the entrance of a building. [Added 4-26-2006 by Ord. No. 3776]
PRESERVATION AREA --
An area or areas of land and/or water set aside to preserve open space and to protect natural features and cultural landscapes. The preservation area shall be part of the common open space and shall be free of structures other than historic sites and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development or the general public. [Added 12-19-1990 by Ord. No. 3222]
PRIMARY ARTERIAL --
Through routes shown on the Official Highway Map serving as a means of vehicular travel linking local regions with each other and with points of access to expressways, carrying a heavy flow of traffic but with controlled access from intersecting streets and abutting properties. [Added 8-14-1976 by Ord. No. 1772]
PRIMARY FRONT FAÇADE --
The façade of a building facing onto a public or private street or, pedestrian Accessway. [Added 5-11-2005 by Ord. No. 3742>; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776; 9-25-2006 by Ord No. 3792]
PROFESSIONAL OFFICES --
The office of a member of a recognized profession maintained for the conduct of that profession; shall include but not be limited to the offices of accountants, architects, attorneys, dentists, engineers and medical practitioners. [Added 3-15-2000 by Ord. No. 3560]
PUBLIC GATHERING PLACE --
Private outdoor space where the public is directly or indirectly invited to visit or permitted to congregate. [Added 4-26-2006 by Ord. No. 3776; amended 5-24-2006 by Ord No. 3782]
PUBLIC SCHOOL --
An educational facility operated by or under agreement with the Lower Merion School District pursuant to the Public School Code of 1949, as amended. [Added 8-3-2005 by Ord. No. 3751]
RAIN GARDEN --
A bioretention area or rain garden is a shallow surface depression designed to accept runoff from adjacent surfaces and retain or detain stormwater before it is infiltrated or discharged downstream, planted with specially selected native vegetation to capture and treat runoff. [Added 4-30-2012 by Ord. No. 3961]
REAR LOT --
A narrow lot which shall have less than the required width at the street line and at the building line but which meets the minimum lot width at the point of the proposed building closest to the street and extending the full depth of the building plus 25 feet. [Added 2-18-1987 by Ord. No. 3034]
RECREATION, ACTIVE --
Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts, golf courses and swimming pools. [Added 12-9-1990 by Ord. No. 3222]
RECREATION, PASSIVE --
Recreational pursuits which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking. [Added 12-9-1990 by Ord. No. 3222]

REDEVELOPMENT --
The improvement of a building and/or lot requiring Land Development approval. [Added 4-26-2006 by Ord. No. 3776]
RESEARCH FACILITY --
A place, building or portion of a building involving the gathering of data and market research and the analysis of same, but excluding any laboratory research, animal or bench research and human experimentation. [Added 6-18-2008 by Ord. No. 3855]
RESTAURANT --
A building or an area within a building with four or more indoor tables (more than 12 chairs), used primarily for the purpose of furnishing to the public food to be consumed within the building, but not including a restaurant used primarily for drive-in or take-out services. [Amended 11-19-1997 by Ord. No. 3468]
RESTAURANT, OUTDOOR --
A building used for the purpose of serving food to the public for consumption on the premises outside the building. This use shall not include service to patrons within vehicle, nor shall it include curb side service. [Amended 2-18-1976 by Ord. No. 1758; Amended 9-25-2006 by Ord. No. 3789]
RESTAURANT, TAKE-OUT --
A building or an area within a building used primarily for the purpose of serving food to the public for consumption off the premises. [Amended 2-18-1976 by Ord. No. 1758]
RIGHT-OF-WAY --
Land used or intended for use as a street, alley or crosswalk.
ROOMING HOUSE --
A dwelling, not lawfully used or occupied as a single-family or two-family dwelling, apartment house or hotel, housing facility for the elderly, student residence or group home, which use provides lodging accommodations, with or without meals, for fewer than 10 residents. [Amended 5-17-1989 by Ord. No. 3154; 9-17-1997 by Ord. No. 3463]
SATELLITE EARTH STATION (also known as "dish antenna" or "satellite dish") --
A dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources. [Added 11-20-1985 by Ord. No. 2092]
SATELLITE EARTH STATION HEIGHT --
The height of the apparatus measured vertically from the highest point of the apparatus, when positioned for operation, to the ground, except for roof-mounted antennas, where it shall be measured to the point where the antenna is affixed. [Added 11-20-1985 by Ord. No. 2092]
SECONDARY ARTERIAL --
Feeder or collector streets shown on the Official Highway Map serving as a means of vehicular travel linking local communities, connecting neighborhoods to primary arterials and designed to distribute traffic from local generators to tertiary arterials and minor streets. [Added 8-14-1976 by Ord. No. 1772]
SHARED PARKING --
Parking that is utilized by two or more uses taking into account the variable peak demand times of each use; the uses can be located on more than one lot. [Added 5-11-2005 by Ord. No. 3742; amended 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
SINGLE AND SEPARATE OWNERSHIP --
The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.
SPECIAL EXCEPTION --
Permission or approval granted by the Zoning Hearing Board in accordance with § 155-110A(2) hereof in situations where provision therefor is made by the terms of this chapter.
SPECIAL MEDICAL TREATMENT FACILITY --
A freestanding facility which has special equipment and technicians to provide unique or specialized services for diagnosis or treatment of patients. [Added 9-22-2004 by Ord. No. 3718]
STEP BACK --
A set back in the facade of the building between the upper levels and the lower levels. The facade for the lower stories of the building creates a street wall that defines the street corridor and is very visible to the pedestrian. With step backs, the total height of the building may be greater than the height of the street wall, but is less visible to the pedestrian on the street. [Added 6-18-2008 by Ord. No. 3855]
STORY --
The distance in a structure between the upper surface of a floor and the upper surface of the floor or roof next above, generally between 10 and 16 feet. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
STREET --
A right-of-way, publicly or privately owned, serving as a means of vehicular and pedestrian travel and furnishing access to abutting properties and space for sewers and public utilities. [Amended 4-21-1993 by Ord. No. 3317]
STREET LINE --
The line dividing a lot from a street.
STREET WALL --
The main wall of a structure that is closest to and most nearly parallel with the adjacent street. [Added 6-18-2008 by Ord. No. 3855]
STRUCTURAL ALTERATION --
Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure or adapt it to a different use or which, in the case of a nonconforming use, would prolong the life of such use.
STRUCTURE --
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying and anchoring.
STUDENT HOME --
A living arrangement for students, unrelated by blood, marriage or legal adoption, attending or about to attend a college or university or who are on a semester or summer break from studies at a college or university, or any combination of such persons. Student homes shall not include fraternities, sororities or community residential programs. [Added 2-15-1989 by Ord. No. 3139; amended 7-18-1990 by Ord. No. 3199]
STUDENT RESIDENCE HALL --
A structure containing a living arrangement owned or leased by an educational institution and operated as an integral part of that educational institution for the use of its students. [Added 7-19-2000 by Ord. No. 3578]
SWIMMING POOL --
A structure designed for swimming and/or wading, constructed or installed either below or above ground and designed to contain or capable of containing water 24 inches or more in depth.
TAPROOM --
A building or an area within a building used primarily for the purpose of furnishing to the public alcoholic beverages, either with or without meals, and having no provisions for lodging guests. [Amended 6-18-1997 by Ord. No. 3454]
TELEPHONE CENTRAL OFFICE --
A building and its equipment used for the transmission and exchange of telephone or radio telephone messages and other business of a telephone company, provided that in residence districts a telephone central office shall not include the transaction of business with the public, the storage of materials, trucks or repair facilities or the housing of repair crews.
TERTIARY ARTERIAL --
Routes shown on the Official Highway Map serving as a means of vehicular travel connecting local neighborhoods and minor roads to secondary systems, providing access to abutting properties and not intended to carry through traffic except to the nearest secondary road. [Added 8-14-1976 by Ord. No. 1772]
TOWNHOUSE --
A single-family dwelling unit within a townhouse building. [Added 8-14-1972 by Ord. No. 1772]
TOWNHOUSE BUILDING --
A building containing three or more single-family dwelling units in which each dwelling unit extends vertically from the ground or basement level to the roof of the building and in which each dwelling unit is attached only by a party wall or party walls to one or more other similar dwelling units. Townhouses in a single townhouse building need not be in a straight row. [Added 8-14-1972 by Ord. No. 1772; amended 12-20-1978 by Ord. No. 1844; 2-19-1986 by Ord. No. 3003]
TOWNSHIP --
Township of Lower Merion. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]
TRAILER CAMP --
Any premises used as a parking space for more than one house trailer.
TRAILER, HOUSE --
Any vehicle used for living or sleeping purposes.
TRANSIT FACILITIES --
The property, equipment, and improvements of whatever nature, owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people, including rail lines, platforms, passenger waiting areas, parking lots, Parking Structures, bus stops, passenger pick-up and drop-off areas, tracks, bridges, tunnels and accessory retail including areas for sales of fares. [Added 6-18-2008 by Ord. No. 3855]
TRANSIT ORIENTED DEVELOPMENT (TOD) --
Moderate and high-density housing and commercial uses concentrated in mixed-use structures located within a 15 minute walking distance of a transit facility and core commercial area. The location, design, and mix of uses in a TOD are oriented and designed for pedestrian use and to encourage the use of public transportation. [Added 6-18-2008 by Ord. No. 3855]
USABLE SATELLITE SIGNALS --
Satellite signals from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television. [Added 6-19-1991 by Ord. No. 3244]
VARIANCE --
Permission or approval granted by the Zoning Hearing Board in accordance with § 155-110A(3) hereof, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property.
VEHICLE LIFT --
An unenclosed skeletal structure without walls designed to mechanically lift one or more motor vehicles above grade for the purpose of temporary storage. [Added 4-16-2007 by Ord. No. 3815]
VIEWSHED --
That portion of the landscape which can be readily viewed by the observer from one or more vantage points. The extent of area that can be viewed is commonly delineated by land form, vegetation and/or distance. [Added 12-19-1990 by Ord. No. 3222]
VILLAGE --
A compact commercial center with a core of mixed-use commercial, residential and service uses,. A village typically has a recognizable center, identifiable physical boundaries, and a pedestrian scale and orientation. [Added 6-18-2008 by Ord. No. 3855]
VISUAL PERMEABILITY --
The ability of vertical surfaces to allow viewers to see through to the other side e.g. windows and open fences. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
WALKING RADIUS --
The distance beyond a given point from which a person is willing to walk. This distance varies depending on existing barriers, the walking environment and the availability of destinations. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 4-26-2006 by Ord. No. 3776; 5-10-2006 by Ord. No. 3777]
YARD --
The required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for projections permitted under § 155-134 to § 155-136, inclusive.
1. FRONT YARD -- A yard extending the full width of the lot along the street line and not less in depth, measured from the street line, than the minimum required in each district or the uniform building line setback set forth in Chapter A163, Building Line Ordinances, hereof, whichever is the greater. In the case of rear lots, the front yard shall be designated by the Board of Commissioners as a conditional use applying the standards for rear lot development set forth in this chapter and shall be measured from the point at which the lot attains the minimum lot width forward to the lot line.[Amended 2-18-1987 by Ord. No. 3034; 6-16-1993 by Ord. No. 3327]
2. SIDE YARD -- yard extending along the same lot line from the front yard to the rear yard and not less in width, measured from the side lot line, than the minimum required in each district.
3. REAR YARD -- A yard extending the full width of the lot along the rear lot line and not less in depth, measured from the rear lot line, than the minimum required in each district.
YIELD MAP --
A plan prepared in accordance with underlying zoning and subdivision regulations which documents and quantifies permitted density.[Amended 11-21-1990 by Ord. No. 3222]
ZONING HEARING BOARD --
A three-member board appointed by the Township of Lower Merion Board of Commissioners to hear and decide appeals from the Director of Building and Zoning, variances and special exceptions and to hear challenges to the validity of this chapter or the Zoning Maps. [Amended 1-19-2002 by Ord. No. 3631]

ARTICLE III
Classification of Districts

§ 155-5. Classes of districts.

For the purposes of this chapter, the township is hereby divided into 24 districts which will be designated as follows:

R AA Residence Districts

R A Residence Districts

R 1 Residence Districts

R 2 Residence Districts

R 3 Residence Districts

R 4 Residence Districts

R 5 Residence Districts

R 6 Residence Districts

R 6A Residence Districts

R 7 Residence Districts

CO Commercial Districts

CL Commercial Districts

C 1 Commercial Districts

C 2 Commercial Districts

M Manufacturing and Industrial Districts

ASDD Ardmore Special Development District

MC Medical Center District [Added 9-22-2004 by Ord. No. 3718]

BMMD Bryn Mawr Medical District [Added 5-11-2005 by Ord. No. 3742]

BMV1 Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]

BMV2 Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]

BMV3 Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]

BMV4 Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]

RCA City Avenue District [Added 4-30-2012 by Ord. No. 3961]

BCR City Avenue District [Added 4-30-2012 by Ord. No. 3961]

In addition one or more of these districts may by subject to additional regulations of an overlay district. There are three overlay districts in the Township, designated as follows:

Open Space Preservation District
Historic Resource Overlay District
Floodplain District
Mixed-Use Transportation District (MUST) [Added 4-26-2006 by Ord. No. 3776]
Rock Hill Overlay District (ROHO) [Added 5-24-2006 by Ord. No. 3782]

§ 155-6. Zoning Maps.

The boundaries of districts shall be shown upon the maps attached to and made a part of this chapter, which shall be designated "Zoning Maps." The maps and all the notations, references and other data shown thereon are hereby incorporated by reference in this chapter and shall be as much a part of this chapter as if all were fully described herein.

§ 155-7. District boundaries.

The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way or such lines extended or lines parallel thereto. Where figures are shown on the Zoning Maps between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.

§ 155-8. Boundary tolerances. [Amended 2-16-1983 by Ord. No. 2017; 3-15-2000 by Ord. No. 3562; 5-17-2000 by Ord. No. 3573]

Where a district boundary line divides a lot held in single and separate ownership as of January 1, 1983, the regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district boundary line. The regulations of the less restricted district may extend up to 100 feet beyond the district boundary line when authorized as a special exception.
Where a commercial district is extended into a residence district by virtue of Subsection A above, the following additional regulations shall apply:
1. Use of the commercial district beyond the first 50 feet of extension shall be limited to vehicular parking. If the residentially zoned portion of the lot has street frontage, driveway access to the such parking area may not extend from such frontage.
2. If the commercial district is extended more than 50 feet into the residence district, the required buffer area shall be 35 feet.
3. The boundary tolerance provisions shall not apply to a lot in a commercial district held in single and separate ownership as of May 17, 2000, if less than 25% of the area of the lot is zoned commercial.

§ 155-9. Federal, state, and Township owned property. [Amended 4-17-2002 by Ord. No. 3640]

Whenever federal- or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and of the Commonwealth of Pennsylvania.
The provisions of this chapter shall not apply to land and buildings owned by Lower Merion Township and used for its governmemtal purposes.

ARTICLE IV
R AA Residence Districts

§ 155-10. Applicability.

In R AA Residence Districts the regulations of this article shall apply.

§ 155-11. Use regulations.

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

Single-family detached dwelling.
Tilling of the soil.
Greenhouse as an accessory use.
(Reserved)
Public school. The following requirements shall apply to public schools in the RAA through R-3 Zoning Districts: [Added 8-3-2005 by Ord No. 3751]
1. Area and width regulations
  1. Lot area and width. A lot area of not less than 30,000 square feet and a lot width of not less than 60 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every public school building hereafter erected or used.
  2. Building area. The building area of each lot may not exceed the maximum permitted building area in the underlying zoning district by more than 25%.
2. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 40 feet.
3. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet wide.
4. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
5. Height regulations. The height of a public school building shall not exceed 65 feet. Buildings over 45 feet shall increase the required side and rear yard setback by one foot for every foot or portion thereof by which the building exceeds 35 feet in height, beginning with the story by which the building exceeds 35 feet in height.
An organization or agency which provides a mandated service on behalf of the township when authorized as a conditional use in accordance with Article XXV, § 155-141.2, Conditional use application procedure and standards, of this chapter, and subject to the following additional requirements: [Added 6-21-1995 by Ord. No. 3393]
1. The emergency service shall have direct access onto a primary or secondary street, as set forth on the Township Official Highway Map.
2. The property shall conform to the impervious cover limitations of the underlying zoning district.
3. All structures shall meet the setbacks required for a principal building.
4. The organization or agency must maintain tax-exempt status under Section 501(C)(3) or (4) of the Internal Revenue Code, as amended.
5. A minimum two-mile separation distance shall be provided in residential zoning districts between like emergency service facilities.
6. Improvements based upon a traffic study acceptable to the Board of Commissioners must be constructed to ensure safe ingress and egress from the property.
7. Outdoor lighting must be restricted to eliminate glare onto surrounding properties.
8. One parking space must be provided for each 200 square feet of office area. Additional parking and maneuvering space for volunteers and emergency equipment must be provided based upon the number or size of the vehicles anticipated.
9. No parking shall be permitted in the front, side or rear yard setbacks.
10. A twenty-foot screening buffer shall be provided adjacent to residentially zoned areas. The Board of Commissioners may also require fencing if required for public safety or to avoid a public nuisance. Access drives may penetrate this buffer.
11. Land-based sirens shall not be operated in residential areas. The Board of Commissioners may impose further restrictions to eliminate noise from the facility or the emergency vehicles used in conjunction therewith to prevent them from becoming a public nuisance.
12. Signage shall be limited to that otherwise permitted in the zoning district in which the emergency facility is located.
13. The building shall be designed in terms of scale, setbacks and appearance to conform to the area in which it is located.
14. All emergency vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building.
15. No motor repair or body work may be performed at the site. Routine maintenance may be performed, but only within a fully enclosed building.
Telephone central office.
Municipal building and municipal use.
Railway passenger station and bus passenger station.
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. [Amended 11-4-1981 by Ord. No. 1971]
1. The term "accessory use" shall not include a business, but shall include a private garage or private stables.
2. (Reserved)
Signs, when erected and maintained in accordance with the provisions of Article XIX hereof.
Nontraffic and minor home occupations, subject to the following requirements: [Added 11-4-1981 by Ord. No. 1971; amended 9-21-1983 by Ord. No. 2035; 3-20-1985 by Ord. No. 2068]
1. The use shall be located in the principal residence of the practitioner. No person except a resident practitioner (or employee which the practitioner is required by law to have on the premises) shall work on the premises in connection with the use.
2. Home occupations shall be conducted within a building. All such activities shall occupy no more than 500 square feet of floor area.
3. No goods shall be publicly displayed on the premises. No inventory, except samples or handicrafts and artwork produced on the premises, shall be maintained on the premises.
4. There shall be no outside storage of materials or equipment, except that one business vehicle may be maintained on the property if it is parked off of the street and behind the required front yard setback.
5. The existence of the use must not be visible from the exterior of the property. No sign may be displayed, except that a minor home occupation may be identified by a single sign no more than 72 square inches in area on either side, which shall not be illuminated. Such sign shall display only the name or names of the practitioner(s) and the address.
6. Before instituting the use, a certificate of occupancy authorizing the home occupation must be obtained. (See § 155-141)
7. In R AA, R A, R 1, R 2, R 3, R 4, R 5, R 6 and R 6A Residence Districts, no minor home occupation shall be located within 500 feet of any other home occupation (except nontraffic home occupations), 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. The requirement of this subsection shall not be imposed if the applicant establishes, upon application to the Zoning Hearing Board for a special exception, either that the proposed use is located in a neighborhood which is not primarily residential in character or that the proposed use will not have a substantial tendency to commercialize the neighborhood. [Amended 4-21-1993 by Ord. No. 3317]
Educational institution gallery or museum [Amended 7-24-2007 by Ord. No. 3823]
1. Where an accredited or certified educational institution maintains a gallery or museum in a residential zoning district in conjunction with its educational program, it may admit up to four hundred fifty (450) daily visitors to the gallery or museum provided:
  1. On-site parking is provided for at least 50 vehicles for the exclusive use of such visitors; and
  2. The maximum number of daily visitors are admitted in equal groups at regular intervals throughout the day on a time ticketed entry basis; and
  3. The hours of operation are limited to 9 A.M to 5 P.M daily, six days per week.
2. Additional numbers of daily visitors to the gallery or museum may be admitted upon the grant of a special exception by the Zoning Hearing Board. In considering such an application, the Zoning Hearing Board shall impose such additional conditions at it deems appropriate to assure the adequacy of public accommodation and the preservation of the character of the surrounding neighborhood.
3. The term “visitors” as used in this § 155-11(M) shall not include the following:
  1. Up to one hundred primary and secondary school students per day provided they visit the gallery/museum during school hours (9a.m. – 4 p.m., Monday through Friday)
  2. The educational institution’s own currently matriculated students.
  3. Employees and officials of the educational institution.
4. The regulations set forth in this section shall not supercede limitations otherwise applicable to the use of a particular property, including conditions imposed by zoning or land development approvals, except those limitations which are in direct conflict with the provisions of this section.
Continuing care facility for the elderly, when authorized as a special exception in accordance with Articles XXIII and XXVIIIA of this chapter. [Added 2-15-1984 by Ord. No. 2046]
(Reserved)
Community Art Center serving the general public, subject to the following: [Added 2-13-2009 by Ord. No. 3879]
1. A minimum lot size of ten acres.
2. The Community Art Center use must be located within a building that exists as of the effective date of this amendment, including any subsequent expansion thereof.
3. Any structure used for a Community Art Center shall be setback 100 feet from any front, side or rear property line.
4. No lot line of a property on which a Community Art Center is located may be closer than 2,500 feet to the lot line of a property on which another such facility is located.
5. The Community Art Center use shall be the principal use on the property. This requirement shall not apply to Township owned properties.
Community residential program. [Added 7-18-1990 by Ord. No. 3199]
Alternative housing options for the elderly when authorized as a special exception in accordance with Article XXX of this chapter. [Added 7-18-1990 by Ord. No. 3199]
The following uses when authorized as a special exception: [Added 7-18-1990 by Ord. No. 3199]
1. The following uses are permitted in existing structures only. If any portion of an existing structure is used for such purposes, a building addition to such structure or a building accessory thereto is permitted, provided that the floor area square footage added for such use comprises no more than 50% of the floor area of the existing structure measured on all floors at or above ground level and does not exceed 50% of the building area of the existing structure as of the date the building was first occupied for such use, or 50% of the floor area dedicated to such use, whichever is less: [Amended 6-17-1998 by Ord. No. 3491]
  1. Club or lodge.
  2. Community center/senior center.
  3. Licensed adult or child day care.
  4. Licensed nursery school or similar nonresidential use for more than six children.
  5. Certified educational institution, including a student residence hall as an accessory use only. [Amended 7-19-2000 by Ord. No. 3578]
    1. The Board may consider a student residence hall to be an accessory use only if it is on the same lot or contiguous to the lot on which the principal use is operated, the principal use is itself not primarily a student residence hall, the lot is owned or leased by the certified educational institution and the student residence hall is operated as an integral part of that educational institution.
    2. The area devoted to administrative office use by a certified educational institution may not exceed 10% of the habitable floor area of the principal building(s) on the lot.
  6. Convent, monastery or similar residential religious facility.
2. Accredited educational institution. An educational camp, fraternity, sorority, nonlicensed nursery school, student residence hall and administrative offices are permitted only as accessory uses to an accredited educational institution. [Amended 6-17-1998 by Ord. No. 3491; 7-19-2000 by Ord. No. 3578]
  1. The Board may consider a student residence hall to be an accessory use only if it is on the same lot or contiguous to the lot on which the principal use is operated, the principal use is itself not primarily a student residence hall, the lot is owned or leased by the accredited educational institution and the student residence hall is operated as an integral part of that educational institution.
  2. The area devoted to administrative office use by the accredited educational institution may not exceed 10% of the habitable floor area of the principal building(s) on the lot.
3. Hospital. [Amended 6-17-1998 by Ord. No. 3491]
4. Nonresidential religious use. [Amended 6-17-1998 by Ord. No. 3491]
5. Student home for no more than three students located in a dwelling with a floor area of at least 1,500 square feet, exclusive of basements, garages and accessory buildings. A special exception authorizing a student home shall expire without further action by the township unless the use is registered in conformity with Chapter 92 of the Lower Merion Code.
6. Family day care for no more than six nonresident children (excluding children related to the caretaker by blood, marriage or legal adoption who live in the home) located in a single-family, detached dwelling in which the caregiver resides, subject to the following additional requirements:
  1. No person except the resident caregiver (or an employee who the caregiver is required by law to have on the premises) shall work on the premises in connection with the use.
  2. In no case shall family day care be permitted on a lot with an area of less than 10,000 square feet.
  3. There shall be a minimum of 40 square feet of floor area per child, inclusive of the space occupied by furnishings and equipment, but exclusive of closets, halls, bathrooms, kitchens and related areas, which shall be on the first floor of the dwelling.
  4. A minimum of 100 square feet of outdoor play space per child shall be available on the same lot. Such play space shall be on the rear half of the lot, enclosed by a fence or wall and no less than 30 feet from any adjacent residential building.
  5. A driveway shall be required in order to allow off-street pickup and dropoff of children.
7. Environmental and/or historic conservation use for one or more of the following purposes: [Added 1-15-1997 by Ord. No. 3440]
  1. The preservation of land areas for outdoor recreation by or the education of the general public.
  2. The protection of a relatively natural habitat of fish, wildlife or plants or similar ecosystem.
  3. The preservation of open space (including farmland and forest land) where such preservation will yield a significant public benefit and is:
    1. For the scenic enjoyment of the general public; or
    2. Pursuant to a clearly delineated federal, state or township conservation policy.
  4. The preservation of an historically important land area or historic structure certified as such by the state or federal government.
  5. The office and/or educational facilities of an environmental and/or historical conservation organization as an accessory use on property held for one or more of those purposes. The office use shall not exceed 1,000 square feet in floor area on lots less than five acres or 2,000 square feet in floor area on lots five acres or greater. Parking, including reserve parking, shall be provided as determined by the Zoning Hearing Board based on the use proposed and applying the standards set forth in this chapter.
No residential use authorized under Subsection Q, R or S above shall be permitted if any other residential use listed in those subsections or any nonconforming use is located in any residential zoning district except R 7 and within 500 feet, 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. Family day care shall be considered a residential use. Student homes shall also be subject to the spacing provisions of § 155-141.3. [Added 7-18-1990 by Ord. No. 3199; amended 6-17-1992 by Ord. No. 3286]
In districts which have more than a single set of area and width regulations, community residential programs and student homes shall meet the area and width regulations for single-family dwellings, except that student homes are not permitted in structures designed as townhouses. [Added 7-18-1990 by Ord. No. 3199]
It is the intent of this section to make reasonable accommodations in the rules, policies and practices within this township to afford all handicapped persons equal opportunity to use and enjoy a dwelling in satisfaction of the requirements of the Fair Housing Act (42 U.S.C.A. § 3601 et seq.), as amended. No provision of this article shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. [Added 7-18-1990 by Ord. No. 3199]
Properties authorized by special exception for the uses set forth in Subsection S(1) through (4) must front on and provide ingress and egress solely from a primary, secondary or tertiary arterial road as set forth on the Official Highway Map of the township. This requirement shall not apply to properties with a minimum of 10 acres of undeveloped land or properties on the township's Historic Inventory with five acres or more of undeveloped land. [Amended 6-17-1998 by Ord. No. 3491]
Any use permitted in any residential zoning district by special exception or conditional use can only be expanded in like manner. [Added 6-17-1998 by Ord. No. 3491]
Except for those uses permitted by §§ 155-11S(7), 155-128, 155-144 and 155-141.4, and except for those uses involving fewer than seven residents/participants per day, the special exception or conditional use permitting the initial use or the expansion thereof shall only be granted if the applicant's evidence establishes compliance with the following conditions: [Added 6-17-1998 by Ord. No. 3491]
1. Traffic impact study. 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. The Director of Building and Planning shall require a traffic impact study if needed to assure compliance with this subsection. If required, the Township Engineer shall determine the scope of the study and the assumptions utilized. The Zoning Hearing Board may impose 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. [Amended 1-19-2002 by Ord. No. 3631]
  1. The applicant must demonstrate that the proposed use does not create an unsafe traffic condition due to site obstructions at the points of ingress and egress.
2. General information. Applicants shall submit with their application for special exception 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 anticipated:
  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.
3. Spacing and density regulations. No more than one property whose use is regulated by this subsection shall be permitted:
  1. Within the same block, defined as both sides of an uninterrupted road segment between two intersections; and
  2. 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.
4. Loading/queuing requirements. Loading/queuing requirements shall be provided on site in compliance with the following standards:
  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. Loading and queuing areas shall not block on- or off-site through traffic or required parking spaces.
  4. Only a new use or that portion of the property proposed for an expanded use shall be required to meet these loading/queuing standards.
5. Lighting. Lighting shall be provided in compliance with the following and with § 155-139 hereof:
  1. Lighting shall be provided along all interior walkways and parking areas to be used after dusk.
  2. Lighting for interior walkways shall be no more than 12 feet above finished grade.
  3. Lighting for parking areas shall be no more than 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.
6. Buffering. Landscaped buffer areas (including a wall, fence, suitable planting or combination thereof if approved by the township), incorporating a variety of deciduous and evergreen trees and shrubs shall be provided along all property lines in compliance with the following:
  1. Buffer areas shall be a minimum of 20 feet in width along the side or rear property lines with an additional one foot in width added for every 1,000 square feet (or portion thereof) of new or expanded floor area in excess of 7,000 square feet of habitable floor area, with a maximum buffer requirement of 50 feet. If the application is for an expanded use regulated by this section, any existing improvements that project into the required buffer area may remain, provided that they were lawful when built.
  2. Buffer area plantings shall comply with § 101-9B through F thereof (which may include existing, healthy trees and shrubs).
  3. The Zoning Hearing Board may waive the buffer requirements if the adjacent property is a nonresidential use.
7. Impervious surfaces. A use regulated by this section which utilizes an existing structure and which limits the size of the expansion to no more than 50% of the floor area of the existing structure measured on all floors at or above ground level may exceed the impervious surface provisions by up to 5%. The additional volume of stormwater runoff generated during a one-hundred-year storm event for this increase shall be fully recharged in a system approved by the Township Engineer.

§ 155-12. Area and width regulations.

Lot area and width. A lot area of not less than 90,000 square feet and a lot width of not less than 90 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-1987 by Ord. No. 3034]
Building area. Not more than 15% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 50 feet.
Side yards.
1. Single-family detached dwellings. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 40 feet, but neither having a width of less than 15 feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 20% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-13. Height regulations.

The height of a single-family detached dwelling or a building accessory thereto shall not exceed three stories in height or 35 feet, and the height of any other building may exceed 35 feet in accordance with the provisions of § 155-137 hereof, but shall not exceed 65 feet.

ARTICLE V
R A Residence Districts

§ 155-14. Applicability.

In R A Residence Districts the regulations of this article shall apply.

§ 155-15. Use regulations.

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

A use permitted in R AA Residence Districts.

§ 155-16. Area and width regulations.

Lot area and width. A lot area of not less than 45,000 square feet and a lot width of not less than 90 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-1987 by Ord. No. 3034]
Building area. Not more than 15% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 50 feet.
Side yards.
1. Single-family detached dwelling. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 40 feet, but neither having a width of less than 15 feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 20% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-17. Height regulations.

ARTICLE VI
R 1 Residence Districts

§ 155-18. Applicability.

In R 1 Residence Districts the regulations of this article shall apply.

§ 155-19. Use regulations.

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

A use permitted in R A Residence Districts.

§ 155-20. Area and width regulations.

Lot area and width. A lot area of not less than 30,000 square feet and a lot width of not less than 90 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-87 by Ord. No. 3034]
Building area. Not more than 15% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 50 feet.
Side yards.
1. Single-family detached dwelling. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 40 feet, but neither having a width of less than 15 feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 21% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-21. Height regulations.

ARTICLE VII
R 2 Residence Districts

§ 155-22. Applicability.

In R 2 Residence Districts the regulations of this article shall apply.

§ 155-23. Use regulations.

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

A use permitted in R 1 Residence Districts.

§ 155-24. Area and width regulations.

Lot area and width. A lot area of not less than 18,000 square feet and a lot width of not less than 80 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-1987 by Ord. No. 3034]
Building area. Not more than 18% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 40 feet.
Side yards.
1. Single-family detached dwelling. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 35 feet, but neither having a width less than 12 feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 24% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-25. Height regulations.

The height of a single-family detached dwelling or a building accessory thereto shall not exceed three stories or 35 feet, and the height of any other building may exceed 35 feet in accordance with the provisions of § 155-137 hereof but shall not exceed 65 feet.

ARTICLE VIII
R 3 Residence Districts

§ 155-26. Applicability.

In R 3 Residence Districts the regulations of this article shall apply.

§ 155-27. Use regulations.

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

A use permitted in R 2 Residence Districts.

§ 155-28. Area and width regulations.

Lot area and width. A lot area of not less than 10,000 square feet and a lot width of not less than 70 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-1987 by Ord. No. 3034]
Building area. Not more than 20% of the area of each lot may be occupied by buildings.
Front yard. Them shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 40 feet.
Side yards.
1. Single-family detached dwelling. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 30 feet, but neither having a width of less than 10 feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 20 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 28% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-29. Height regulations.

ARTICLE IX
R 4 Residence Districts

§ 155-30. Applicability.

In R 4 Residence Districts the regulations of this article shall apply.

§ 155-31. Use regulations.

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

A use permitted in R 3 Residence Districts.

§ 155-32. Area and width regulations.

Lot area and width. A lot area of not less than 6,000 square feet and a lot width of not less than 60 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district. [Amended 2-18-1987 by Ord. No. 3034]
Building area. Not more than 30% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
Side yards.
1. Single-family detached dwelling. For a single-family detached dwelling there shall be two side yards, one on each side of the principal building, together having an aggregate width of not less than 20 feet, but neither having a width less than eight feet.
2. Other buildings. For any building other than a single-family detached dwelling or a building accessory thereto, there shall be two side yards, one on each side of the principal building, neither of which shall be less than 20 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Impervious surfaces. Not more than 39% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-33. Height regulations.

ARTICLE X
R 5 Residence Districts

§ 155-34. Applicability.

In R 5 Residence Districts the regulations of this article shall apply.

§ 155-35. Use regulations. [Amended 8-14-1976 by Ord. No. 1772; 12-19-1990 by Ord. No. 3220]

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

A use permitted in R-4 Residence Districts.

§ 155-36. Single-family detached dwellings.

For single-family detached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 5,000 square feet and a lot width of not less than 50 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used as a single-family detached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 35% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 25 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, together having an aggregate width of 20 feet, but neither of which shall be less than eight feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 45% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a single-family detached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-37. Buildings other than single-family detached dwellings and townhouses. [Amended 8-14-1976 by Ord. No. 1772]

For buildings other than single-family detached dwellings and townhouses, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 5,000 square feet and a lot width of not less than 60 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used for any use permitted in this district other than a single-family detached dwelling or a townhouse. [Amended 2-18-1987 as Ord. No. 3034]
2. Building area. Not more than 30% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 20 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. No more than 40% of the area of each lot may be covered with impervious surfaces; provided, however, that the impervious surface on a lot on which a public school is operated may be expanded up to a maximum of 45% of the area of the lot if 100% of the volume of stormwater generated by any impervious surface in excess of 40% of the lot area is recharged for the one-hundred-year storm event. [Added 10-17-1990 by Ord. No. 3208; amended 4-21-1999 by Ord. No. 3526]
Height regulations. The height of any building permitted under this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet.

§ 155-38. (Reserved)

ARTICLE XI
R 6 Residence Districts

§ 155-39. Applicability.

In R 6 Residence Districts the regulations of this article shall apply.

§ 155-40. Use regulations.

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

A use permitted in R 5 Residence Districts.
Single-family semidetached dwelling.
Two-family detached dwelling.
Townhouses. [Added 12-19-1990 by Ord. No. 3220]

§ 155-41. Single-family detached dwellings.

For single-family detached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 5,000 square feet and a lot width of not less than 50 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used as a single-family detached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 20 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, together having an aggregate width of 20 feet, but neither of which shall be less than eight feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a single-family detached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-42. Single-family semidetached dwellings.

For single-family semidetached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 3,000 square feet per family and a lot width of not less than 30 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used as a single-family semidetached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 20 feet.
4. Side yard. There shall be one side yard, which shall be at least 10 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a single-family semidetached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-43. Two-family detached dwellings.

For two-family detached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 3,000 square feet per family and a lot width of not less than 60 at the street line and extending from the street line to a point 25 feet beyond that point of the building closest to the rear lot line shall be provided for every building hereafter erected or used as a two-family detached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 20 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 10 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a two-family detached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-44. Buildings other than townhouses and single-family detached, single-family semidetached and two-family detached dwellings. [Amended 8-14-1976 by Ord. No. 1772]

For buildings other than townhouses and single-family detached, single-family semidetached and two-family detached dwellings, the requirements set forth in Article X, § 155-37, shall apply.

§ 155-45. Townhouses. [Added 8-14-76 by Ord. No. 1772]

For townhouses, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 3,000 square feet per family and a lot width of not less than 125 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for each lot on which a townhouse building or buildings are erected. [Amended 2-19-1986 by Ord. No. 3003; 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yards. There shall be two side yards, neither of which shall be less than 20 feet wide. [Amended 2-19-1986 by Ord. No. 3003]
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Buffer area. Along the full length of the side and rear lot lines of the property being developed for townhouses, a buffer area of 20 feet in width, as defined in § 155-4B of Article II of this chapter, shall be provided. [Amended 12-20-1978 by Ord. No. 1844; 12-21-1988 by Ord. No. 3131]
7. The distance between two or more townhouse buildings on the same lot shall be a minimum of 35 feet or no less than the height of the taller building, whichever is greater. [Added 2-19-1986 by Ord. No. 3003]
8. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of any townhouse shall not exceed 40 feet. [Amended 5-19-2004 by Ord No. 3710]
Building length or depth. The greatest dimension in length or depth of a townhouse building shall not exceed 160 feet. No fewer than three and no more than eight townhouses shall be allowed in a row.
Common area.
1. If each townhouse is to be on an individually subdivided lot, an area may be set aside for common space. Such area may be counted toward density requirements, but in no case shall individual lots be less than 2,000 square feet in area. [Amended 2-19-1986 by Ord. No. 3003]
2. There shall be such provision for the ownership and maintenance of the common open space as is reasonable to ensure its continuity and preservation. To this end, the township may accept the dedication of land or any interest therein for public use and maintenance, but the Board of Commissioners need not require that land proposed to be set aside for common open space be dedicated or made available to public use as a condition for the approval of the subdivision. The Board of Commissioners shall require the landowner to provide for and establish an organization for the ownership and maintenance of the common open space which may be similar to that required by the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and that such organization shall not dispose of the common open space, by sale or otherwise, except to the township or to an organization conceived and established to own and maintain the common open space. In the event that the common open space is permitted to deteriorate or if, in the judgment of the Board of Commissioners, it is not maintained in reasonable order and condition in accordance with any approved plan or otherwise, the Township of Lower Merion may proceed to remedy any such deficiency by means of any applicable township ordinance (e.g., the Weed Control Ordinance, the Lower Merion Health Code or the penalty provisions of Article XXIX of the Lower Merion Zoning Ordinance, etc.) or by injunctive relief or otherwise. [Amended 9-18-1985 by Ord. No. 2085]
Street frontage locations. Vehicular access to townhouse developments shall be provided by a private road or common driveway. [Amended 12-20-1978 by Ord. No. 1844; 2-19-1986 by Ord. No. 3003]
Townhouse garage. If detached garages are to be built, each garage shall be entirely separated from each townhouse and shall be located at least 10 feet farther back from the rearmost portion of each townhouse, but not within a buffer area. Such a garage may have common party walls with adjacent garages. [Added 12-20-1978 by Ord. No. 1844]

ARTICLE XII
R 6A Residence Districts

§ 155-46. Applicability.

In R 6A Residence Districts the regulations of this article shall apply.

§ 155-47. Use regulations.

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

A use permitted in R 6 Residence Districts.
Two-family semidetached dwelling.
Apartment house, which shall include a condominium. All ordinances and regulations concerning planning, subdivision and zoning shall be construed and applied with reference to the nature and use of the condominium without regard to the form of ownership.
1. Storage garage as an accessory use to an apartment house, located either beneath or within the primary structure.
2. Storage garage as an accessory use to an apartment house and not beneath or within the primary structure, when authorized as a special exception.
[Amended 2-18-2010 by Ord. No. 3905] Sanatorium, nursing home, convalescent home or home for the aged, when authorized as a special exception, subject to the following additional restrictions.
1. A lot area of not less than 1200 square feet shall be provided for each bed.
[Amended 3-20-1985 by Ord. No. 2068] Home occupations in apartment houses, subject to the following additional restrictions:
1. The home occupation must be located in the particular apartment in which the practitioner or user resides as his or her principal residence.
2. Any home occupation, except a nontraffic home occupation, must be located on the first floor.
3. The home occupation may not exceed 50% of the floor area of the apartment.
4. Lobbies may not be used as waiting rooms.
Subsidized apartment housing for the elderly constructed under the Section 202 Direct Loan Program administered by the United States Department of Housing and Urban Development, when authorized as a special exception. [Added 12-21-1983 by Ord. No. 2040]
One student home for no more than three students occupying a single apartment unit in an apartment house, when authorized as a special exception by the Zoning Hearing Board. This use is only allowed conditioned on compliance with the spacing provisions of §: 155-141.3. [Added 7-19-2000 by Ord. No. 3578]

§ 155-48. Single-family detached and semidetached and two-family detached dwellings.

For single-family detached and semidetached dwellings and two-family detached dwellings, the requirements set forth in Article XI, §§ 155-41, 155-42 and 155-43, respectively, shall apply, except that the depth of the required front yard shall be at least 30 feet.

§ 155-49. Two-family semidetached dwellings.

For two-family semidetached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 2,500 square feet per family and a lot width of not less than 35 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building erected or used as a two-family semidetached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yard. There shall be one side yard, which shall be at least 15 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a two-family semidetached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-50. Apartment houses. [Amended 2-19-1986 by Ord. No. 3003; 2-18-1987 by Ord. No. 3034; 10-17-1990 by Ord. No. 3208; 12-20-2006 by Ord. No. 3800]

The Board of Commissioners may authorize an apartment house as a conditional use subject to the following regulations:

Area and width regulations.
1. Lot area and width. A lot area of not less than 3000 square feet per family and a lot width of not less than 150 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for each lot on which an apartment house or houses are erected.
2. Building area. Not more than 25% of the area of each lot may be occupied by buildings, excluding balconies.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet. Bay/bow windows, chimneys, balconies, cornices and roof overhangs shall not be subject to the 30’ front yard setback.
4. Side yards. There shall be two side yards, neither of which shall be less than 30 feet wide. or 25% of the lot width, whichever is smaller. Bay/bow windows, chimneys, balconies, cornices and roof overhangs shall not be subject to the 30’ side yard setback.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 35 feet. Bay/bow windows, chimneys, balconies, cornices and roof overhangs shall not be subject to the 35’ rear yard setback.
6. Buffer area. Along the full length of each side and rear lot line, a buffer area of not less than 25 feet in width, as defined in § 155-4B of Article II of this chapter, shall be provided.
7. The distance between two or more apartment buildings on the same lot shall be a minimum of 35 feet or no less than the height of the taller building, whichever is greater.
8. Impervious surfaces. Not more than 30% of the area of each lot may be covered with impervious surfaces.
9. Floor area. The maximum floor area of any building shall be 20,000 square feet, excluding below grade parking structures.
Height regulations. The height of an apartment house shall not exceed 50 feet. If the apartment house exceeds 30 feet in height, and the portion of the building over 30 feet does not consist solely of a roof with a slope of at least six units vertical for each 12 units horizontal, the following dimensional adjustments shall be made:
1. The side and rear yard setback, and the required buffer area, shall be increased three feet for every one foot by which the building exceeds 30’ in height.
2. The maximum permitted building area and impervious surface percentages shall be decreased by one-half of a percentage point for every one foot or portion thereof by which the building exceeds 30’ in height.
Building length or depth. The greatest dimension in length or depth of a one-, two- or three-story apartment building shall not exceed 160 feet. No more than three such buildings may be attached to each other. Buildings so attached shall be at an angle approximating 90° to one another unless another angle is authorized by the Board of Commissioners.
Courts.
1. The minimum width of an outer court shall be 40 feet, provided that if opposing walls of the court exceed the average height of 30 feet, the width of the court shall be increased two feet for each foot or portion thereof by which the average height of opposing walls exceeds 30 feet. An outer court shall have an unobstructed space of not less than 40 feet opening upon the yard or street. The measurement of the unobstructed opening shall be taken as the minimum distance between the opposing walls at the opening upon the yard or street.
2. The maximum depth of an outer court shall not exceed two times the width of the court.
In addition to the parking requirements in Section 155-95, one guest parking space shall be required for every three dwelling units. If it can be demonstrated that adequate legal on-street parking spaces are available for guest parking, the on-site guest parking spaces may be reduced by the Board of Commissioners.
Architectural Design Standards
1. These architectural design standards are intended to ensure that the size and proportions of new buildings relate to the scale of the existing one and two family structures within 500 feet of the property line. The architectural features of the façade of new buildings must be of the same predominant architectural style as such structures. The front yard setback of the new buildings must be within ten (10) feet of the predominate front yard setback of such structures, but in no case shall be less that the required front yard setback.
2. Buildings
  1. No apartment house may be built on a property that within the prior ten years contained a building listed on the Lower Merion Township Historic Inventory or which was within a local and/or national historic district, An existing building thus listed or located may be converted to an apartment house, provided any new construction and any changes to the exterior of the building that can be seen from a public way shall reflect and be an example of the character of that building, in compliance with Chapter 88 and the Secretary of the Interior Standards for Rehabilitation.
  2. All new buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, Arcade or other visual device.
  3. The massing of all buildings shall be de-emphasized in a variety of ways, including the use of projecting and recessed elements such as porches, windows, and roof dormers, to reduce their apparent overall bulk and volume, to enhance visual quality and contribute to human-scale development. Such breaks in the facades and roof lines shall occur not more frequently than every 50 feet.
  4. Buildings shall be topped with either pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Pitched roofs shall have a minimum slope of 4:12.
  5. Pitched roof material may include slate (either natural or manmade), shingle (either wood or asphalt composition) and metal formed to resemble “standing seams” or other similar materials. Fascias, dormers and gables or similar architectural features shall be employed to provide visual interest. All gables shall be functional.
  6. Exterior wall materials may include stucco, wood clapboard (including aluminum imitation clapboard siding) native stone, or brick of a shape, color and texture as that found on one and two family dwellings located within 500 feet of the property. . Specifically prohibited shall be any type of painted brick or T-111 or other similar plywood siding, or exterior insulation and finishing system (EIFS). Except on side or rear walls, not visible from any public way, all forms of concrete block shall be prohibited. Metal buildings shall be prohibited. The Board of Commissioners may approve a prohibited material if it can be demonstrated that the material can be installed to have the same appearance and texture as any of the approved materials. Stucco or artificial materials, except fire clay products such as brick, shall not occupy more than 50% of the building façade unless the Board of Commissioners makes a specific finding that more than 50% is appropriate, and similar to the architectural features on other similar buildings within 500 feet of the property line.
  7. All roof-top mechanical equipment, including antennas, shall be screened visually and acoustically. Such screening shall be integral to the architectural design of the building.
3. The Board of Commissioners may approve the use of architectural concepts and designs which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and of this subsection.

§ 155-50.1. Subsidized apartment housing for elderly. [Added 12-21-1983 by Ord. No. 2040]

For subsidized apartment housing for the elderly constructed under the Section 202 Direct Loan Program administered by the United States Department of Housing and Urban Development, when authorized as a special exception, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 1,700 square feet per dwelling unit and a lot width of not less than 125 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building used as subsidized apartment housing for the elderly. The Zoning Hearing Board, by special exception, may reduce the lot area requirements upon the condition that abutting property having sufficient size to meet the lot size requirements when considered with the lot in question is under and subject to a deed restriction allowing only one or more of the following: [Amended 4-18-1984 by Ord. No. 2049; 2-18-1987 by Ord. No. 3034]
  1. Open space:
  2. Municipal use; or
  3. Park and recreational uses.
2. Building area. Not more than 30% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 25 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 20 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Buffer area. Along the fall length of each side and rear lot line, a buffer area of not less than 20 feet in width, as defined in § 155-4B of Article III of this chapter, shall be provided.
7. Impervious surfaces. Not more than 40% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a subsidized apartment house for the elderly shall not exceed 65 feet and shall conform to the provisions of § 155-137 of Article XXV of this chapter for buildings in excess of 35 feet in height.
Parking requirements. There shall not be less than 1/2 parking space for each dwelling unit of subsidized apartment housing for the elderly, plus two parking spaces for each dwelling unit intended for a superintendent, manager or staff.

§ 155-50.2. Subsidized apartment housing. [Added 2-20-1991 by Ord. No. 3228; amended 6-13-07 by Ord. No. 3822]

Subsidized housing as defined herein may be authorized as a special exception in this district and any district in which a use permitted in R 6A Residence Districts is allowed, in which case the following regulations shall apply:

Definitions. As used in this section, the following terms shall have the meanings indicated:
FACILITY --
A building or complex of buildings each of which contains two or more single family dwelling units. [Amended 6-13-2007 by Ord. No. 3822]
SUBSIDIZED APARTMENT HOUSING --
A building or complex of buildings which:
1. Contains two or more single-family residential units, provided at least 50% of the dwelling units on a single tract are subsidized apartment units as defined herein, and all of such dwelling units comply with the requirements of this section. [Amended 10-15-2003 by Ord. No. 3692]
2. Is subsidized by grants of Community Development Block Grant funds authorized under Title I of the Housing and Community Development Act of 1974, as amended, administered by the United States Department of Housing and Urban Development and/or grants or credit programs administered by the Commonwealth of Pennsylvania, for very-low-, low- and moderate-income families, including elderly and handicapped persons; and [Amended 10-15-2003 by Ord. No. 3692]
3. Reserved
4. Complies with federal and state fair housing laws.
SUBSIDIZED DWELLING UNIT --
a single family dwelling unit the purchase or lease of which complies with federal and state fair housing laws and is subsidized by grants of HOME and/or Community Development Block Grant funds authorized under Title I of the Housing and Community Development Act of 1974, as amended, administered by the United States Department of Housing and Urban Development for very-low-, low- and moderate-income families, including elderly and handicapped persons. [Added 6-13-2007 by Ord No. 3822]
SUBSIDIZED HOUSING FACILITY --
A facility comprised of single family dwelling units at least fifty percent (50%) of which are subsidized. [Added 6-13-2007 by Ord No. 3822]
Area and width regulations.
1. Lot area and width. A lot area of not less than 1,050 square feet per dwelling unit and a lot width of not less than 14 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building used as subsidized apartment housing. The Zoning Hearing Board, by special exception, may reduce the lot area requirements upon the condition that abutting property having sufficient size can meet the lot size requirements when considered with the lot in question is under and subject to a deed restriction allowing only one or more of the following:
  1. Open space;
  2. Municipal use; or
  3. Park and recreational uses.
2. Building area. No more than 60% of the area of each lot may be occupied by buildings.
3. Impervious surface. Not more than 60% of the area of each lot may be covered with impevious surfaces.
4. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 10 feet. Open porches may project up to five feet into the front yard. [Amended 9-21-1994 by Ord. No. 3370]
5. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than ten feet in width. [Amended 6-13-2007 by Ord. No. 3822]
6. Rear yard. There shall be a rear yard, the depth of which shall be at least 16 feet.
7. Buffer area. Along the full length of each side and rear lot line, a buffer area of not less than eight feet in width, as defined in § 155-4B, shall be provided.
8. Separation requirements. The distance between two or more apartment buildings on the same lot shall be a minimum of 10 feet. [Amended 9-21-1994 by Ord. No. 3370]
Height regulations. The height of a subsidized apartment house shall not exceed 35 feet.
Parking requirements. There shall be not less than one parking space for each new subsidized dwelling unit constructed on a lot in excess of the dwelling units existing on the lot at the time of granting the special exception, plus that number of parking spaces existing on the lot at the time of granting the special exception. All market rate dwelling units shall provide parking as required by Section 155-95. [Amended 6-13-2007 by Ord. No. 3822]
No subsidized housing facility authorized under § 155-50.1 or § 155-50.2 shall be located closer to another such facility than a distance determined by multiplying times 20 the required street frontage for a single-family detached dwelling in the district in which the facility is located. [Amended 6-13-2007 by Ord. No. 3822]

§ 155-51. Buildings other than townhouses, single- or two-family detached or semidetached dwellings and apartment houses. [Amended 8-14-1976 by Ord. No. 1772]

For buildings other than townhouses, single- or two-family detached or semidetached dwellings and apartment houses, the requirements set forth under Article X, § 155-37, shall apply.

§ 155-52. Townhouses. [Added 8-14-1976 by Ord. No. 1772]

For townhouses, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 2,500 square feet per family and a lot width of not less than 125 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for each lot on which a townhouse building or buildings are erected. [Amended 2-19-1986 by Ord. No. 3003; 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 30% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yards. There shall be two side yards, neither of which shall be less than 25 feet wide or 25% of the lot width, whichever is smaller. [Amended 2-19-1986 by Ord. No. 3003]
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Buffer area. Along the full length of the side and rear lot lines of the property being developed for townhouses, a buffer area of 20 feet in width, as defined in § 155-4B of Article II of this chapter, shall be provided. [Amended 12-20-1978 by Ord. No. 1844; 12-21-1988 by Ord. No. 3131]
7. The distance between two or more townhouse buildings on the same lot shall be a minimum of 35 feet or no less than the height of the taller building, whichever is greater. [Added 2-19-1986 by Ord. No. 3003]
8. Impervious surfaces. Not more than 40% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of any townhouse shall not exceed 40 feet. [Amended 5-19-2004 by Ord No. 3710]
Building length or depth. The greatest dimension in length or depth of a townhouse building shall not exceed 160 feet. No fewer than three and no more than eight townhouses shall be allowed in a row.
Common area.
1. If each townhouse is to be on an individually subdivided lot, an area may be set aside for common space. Such area may be counted toward density requirements, but in no case shall individual lots be less than 2,000 square feet in area. [Amended 2-19-1986 by Ord. No. 3003]
2. There shall be such provision for the ownership and maintenance of the common open space as is reasonable to ensure its continuity and preservation. To this end, the township may accept the dedication of land or any interest therein for public use and maintenance, but the Board of Commissioners need not require that land proposed to be set aside for common open space be dedicated or made available to public use as a condition for the approval of the subdivision. The Board of Commissioners shall require the landowner to provide for and establish an organization for the ownership and maintenance of the common open space which may be similar to that required by the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and that such organization shall not dispose of the common open space, by sale or otherwise, except to the township or to an organization conceived and established to own and maintain the common open space. In the event that the common open space is permitted to deteriorate or if, in the judgment of the Board of Commissioners, it is not maintained in reasonable order and condition in accordance with any approved plan or otherwise, the Township of Lower Merion may proceed to remedy any such deficiency by means of any applicable township ordinance (e.g., the Weed Control Ordinance, the Lower Merion Health Code or the penalty provisions of Article XXIX of the Lower Merion Zoning Ordinance, etc.) or by injunctive relief or otherwise. [Amended 9-18-1985 by Ord. No. 2085]
Street frontage locations. Vehicular access to townhouse developments shall be provided by a private road or common driveway. [Amended 12-20-1978 by Ord. No. 1844; 2-19-1986 by Ord. No. 3003]
Townhouse garage. If detached garages are to be built, each garage shall be entirely separated from each townhouse and shall be located at least 10 feet farther back from the rearmost portion of each townhouse, but not within a buffer area. Such a garage may have common party walls with adjacent garages. [Added 12-20-1978 by Ord. No. 1844]

ARTICLE XIII
R 7 Residence Districts

§ 155-53. Applicability.

In R 7 Residence Districts the regulations of this article shall apply.

§ 155-54. Use regulations.

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

A use permitted in R 6A Residence Districts. [Amended 8-14-1976 by Ord. No. 1772; 1-19-1977 by Ord. No. 1783]
Apartment hotel, when authorized as a special exception.
[Amended 3-20-1985 by Ord. No. 2068] Home occupations in apartment houses and apartment hotels, subject to the following additional restrictions:
1. The home occupation must be located in the particular apartment in which the practitioner or user resides as his or her principal residence.
2. Any home occupations, except a nontraffic home occupation, must be located on the first floor.
3. The home occupation may not exceed 50% of the floor area of the apartment.
4. Lobbies may not be used as waiting rooms.
Student home units within an apartment building [Added 2-20-2008 by Ord. No. 3841]
1. Dwelling units within an apartment building may be occupied as a student home subject to compliance with the following provisions.
  1. A maximum of 40% of the dwelling units in the apartment house may be occupied as student home units, up to a maximum of 20 units.
  2. A maximum of two students may reside in any dwelling unit.
  3. The student home units must be leased or owned by a college or university that is an Accredited Educational Institution.
  4. The students occupying the student home units authorized under this section must be a fully matriculated student at a college or university located within 700 feet of the property. The property serving as the college or university for purposes of this provision shall be the property on which the principal administration building is located.
  5. Any student home authorized under this section shall be separated from another property occupied as a student home under this section by a minimum of 3500 feet.
  6. The rules and regulations applicable to the conduct of students in student occupied units authorized under this section shall, at a minimum, conform to those applicable to on-campus dormitories of such college or university, which shall make reasonable efforts to enforce such rules.
  7. Parking required for student home units authorized under this section shall be two parking spaces per unit.

§ 155-55. Single-family detached and semidetached dwellings.

For single-family detached and semidetached dwellings, the requirements set forth in Article XI, §§ 155-41 and 155-42, respectively, shall apply, except that the depth of required front yard shall be at least 30 feet.

§ 155-56. Two-family detached dwellings.

For two-family detached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 2,500 square feet per family and a lot width of not less than 50 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used as a two-family detached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 10 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a two-family detached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-57. Two-family semidetached dwellings.

For two-family semidetached dwellings, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 2,500 square feet per family and a lot width of not less than 35 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for every building hereafter erected or used as a two-family semidetached dwelling. [Amended 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yard. There shall be one side yard, which shall be at least 15 feet wide.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of a two-family semidetached dwelling or a building accessory thereto shall not exceed three stories or 35 feet.

§ 155-58. Apartment houses and apartment hotels.

For apartment houses and apartment hotels, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 2,500 square feet per family and a lot width of not less than 125 feet at the street line and extending from the street line to a point 25 feet beyond that point of the proposed building closest to the rear lot line shall be provided for each lot on which an apartment house or houses are erected. [Amended 4-21-1976 by Ord. No. 1764; 2-19-1986 by Ord. No. 3003; 2-18-1987 by Ord. No. 3034]
2. Building area. Not more than 30% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet.
4. Side yards. There shall be two side yards, neither of which shall be less than 20 feet wide. [Amended 2-19-1986 by Ord. No. 3003]
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
6. Buffer area. Along the full length of each side and rear lot line, a buffer area of not less than 20 feet in width, as defined in § 155-4B of Article II of this chapter, shall be provided.
7. The distance between two or more apartment buildings on the same lot shall be a minimum of 35 feet or no less than the height of the taller building, whichever is greater. [Added 2-19-1986 by Ord. No. 3003]
8. Impervious surfaces. Not more than 40% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of an apartment house or apartment hotel shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.
Building length or depth. The greatest dimension in length or depth of a one- , two- or three-story apartment building or apartment hotel shall not exceed 160 feet. Not more than three such buildings may be attached to each other. Buildings so attached shall be at an angle approximating 90° unless another angle is authorized as a special exception.
Courts.
1. Inner courts shall not be permitted.
2. The minimum width of an outer court shall be 40 feet, provided that if the opposing walls of the court exceed the average height of 30 feet, the width of the court shall be increased two feet for each foot or portion thereof by which the average height of opposing walls exceeds 30 feet. An outer court shall have an unobstructed space of not less than 40 feet opening upon a yard or street. The measurement of the unobstructed opening shall be taken as the minimum distance between the opposing walls at the opening upon the yard or street.
3. The maximum depth of an outer court shall not exceed two times the width of the court.

§ 155-59. Buildings other than single- or two-family detached or semidetached dwellings, townhouses, apartment houses and apartment hotels. [Amended 1-19-1977 by Ord. No. 1783]

For buildings other than single- or two-family detached or semidetached dwellings, townhouses, apartment houses and apartment hotels, the requirements set forth in Article X, § 155-37, shall apply.

§ 155-60. Townhouses. [Added 1-19-1977 by Ord. No. 1783]

For townhouses, the requirements shall be the same as the requirements set forth in § 155-52 of Article XII of this chapter.

ARTICLE XIV
CO Commercial Districts

§ 155-61. Applicability.

In CO Commercial Districts the regulations of this article shall apply.

§ 155-62. Use regulations. [Amended 9-20-1989 by Ord. No. 3162; 11-15-2000 by Ord. No. 3590; 10-16-2002 by Ord. No. 3657]

A building or combination of two or more buildings, which shall include a condominium, may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

Bank or other financial institution.
Office building, medical clinic building or public utility office.
Radio or television studio and broadcasting station.
Restaurant.
Retail store or personal service shop.
A group of retail stores and personal service shops within a single building, which shall be deemed a single use for the purpose of this chapter as long as the building exists.
An apartment house, apartment hotel and hotel.
Copy centers and job printing with not more than three full-time employees and two part-time employees.
Research laboratory, including commercial and industrial laboratory in which commercial production is merely incidental to the research activity, when authorized as a special exception.
Motel, when authorized as a special exception. A motel, for the purpose of this chapter, is a building or group of buildings with permanent foundations, constituting a single unit for operation and maintenance, containing not more than 10 rental units in each building, and which building or group of buildings is designed, intended and used primarily as sleeping accommodations for transients.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including dwelling quarters for watchmen and caretakers employed upon the premises, but specifically excluding off-track betting parlors.
Any use of the same general character as any of the uses hereinbefore specifically permitted, when authorized as a special exception, but not including off-track betting parlors.
Licensed Child Day Care facility

§ 155-63. Area and width regulations.

The following regulations shall apply to all permitted uses except motels:
1. Lot area and width. A lot area of not less than 50,000 square feet and a lot width of not less than 175 feet at the building line shall be provided for every building hereafter erected or used, and in the case of an apartment house or apartment hotel, a lot area of not less than 2,500 square feet shall be required for each dwelling unit. [Amended 4-21-1976 by Ord. No. 1764]
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Front yard. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 50 feet. Vehicular parking shall not be permitted within 30 feet of any street line. [Amended 4-17-2002 by Ord. No. 3639]
4. Side yards. There shall be two side yards, neither of which shall be less than 25 feet. [Amended 9-20-1989 by Ord. No. 3162]
5. Floor area ratio. The floor area ratio of a building or buildings on any lot shall not exceed 0.5.
6. Rear yard. There shall be a rear yard, the depth of which shall be at least 50 feet.
7. Buffer area. Where a CO Commercial District abuts a residence district, there shall be a buffer area along the district boundary line within the CO Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits from a buffer zone, in locations approved by the Departments of Police and Public Works, may be permitted when authorized as a special exception. [Amended 3-15-2000 by Ord. No. 3563]
8. Boundary tolerances. The provisions of § 155-8 shall not apply in a CO Commercial District.
9. Accessory buildings. An accessory building may be separate from the principal building on a lot when authorized as a special exception, but an accessory building shall not encroach upon or extend into any of the required yards.
10. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
The following regulations shall apply to motels:
1. Lot area and width. The minimum lot area for a motel shall be 50,000 square feet and the minimum lot width at the building line shall be 175 feet.
2. Building area. Not more than 40% of the area of each lot may be occupied by buildings.
3. Setbacks from street line. No building in a motel shall be less than 50 feet from any street line on which the lot abuts. Vehicular parking shall not be permitted within 10 feet of any street line.
4. Setback from rear lot line. No building in a motel shall be less than 50 feet from any rear lot line.
5. Setback from other buildings. No building in a motel shall be less than 40 feet from any other building in a motel.
6. Minimum lot area per rental unit. There shall be provided for each motel a minimum of 2,000 square feet of lot area for each rental unit.
7. Courts. Inner courts are not permitted in a motel. Outer courts shall conform to the requirements of § 155-58D(2) and (3).
8. Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-64. Height regulations.

The height of any building shall not exceed 120 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

§ 155-65. Building length or depth.

The greatest dimension of length or depth of an apartment house or apartment hotel shall not exceed four times the height.

ARTICLE XV
CL Commercial Districts

§ 155-66. Applicability.

In CL Commercial Districts the regulations of this article shall apply.

§ 155-67. Use regulations. [Amended 9-20-1989 by Ord. No. 3162]

A building or combination of two or more buildings, which shall include a condominium, may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

Office building or medical clinic building.
Bank or other financial institution.
Restaurant, when authorized as a special exception.
Copy centers and job printing with not more than three full-time employees and two part-time employees.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, but specifically excluding off-track betting parlor. [Added 11-15-2000 by Ord. No. 3590]

§ 155-68. Area, and width regulations.

Lot area and width. A lot width of not less than 75 feet at the building line shall be provided for every building hereafter erected or used.
Building area. Not more than 40% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which a lot abuts, the depth of which shall be at least 30 feet. Vehicular parking shall not be permitted in required front yard areas. [Amended 4-17-2002 by Ord. No. 3639]
Side yards. There shall be two side yards, together having an aggregate width of not less than 25 feet, neither of which shall be less than 10 feet wide. [Amended 9-20-1989 by Ord. No. 3162]
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Buffer area. Where a CL Commercial District abuts a residence district, there shall be a buffer area along the district boundary line within the CL Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception. [Amended 3-15-2000 by Ord. No. 3563]
Accessory buildings. An accessory building may be separate from the principal building on a lot when authorized as a special exception, but an accessory building shall not encroach upon or extend into any of the required yards.
Impervious surfaces. Not more than 50% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]

§ 155-69. Height regulations.

The height of any building shall not exceed 35 feet.

ARTICLE XVI
C 1 Commercial Districts

§ 155-70. Applicability.

In C 1 Commercial Districts the regulations of this article shall apply.

§ 155-71. Use regulations. [Amended 9-20-1989 by Ord. No. 3162]

A building or combination of two or more buildings, which shall include a condominium, may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

A use permitted in R 7 Residence Districts.
Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises and employing not more than five persons.
Bank or other financial institution.
Cemetery or greenhouse.
Club, fraternity house and lodge.
Copy centers and job printing with not more than three full-time employees and two part-time employees.
Educational, religious and philanthropic uses, including student residence hall. [Amended 7-19-2000 by Ord. No. 3578]
Hand laundry, dry-cleaning or dyeing establishment employing not more than five persons, when authorized as a special exception and approved by the Fire Marshal.
Hotel, apartment hotel, rooming house, boardinghouse and tourist house.
Laboratory (analytical and chemical), when authorized as a special exception.
Motel and tourist court, when authorized as a special exception.
Motor vehicle sales agency, storage garage and motor vehicle parking lot. A motor vehicle sale agency may include as an accessory use a service and repair shop, provided that the accessory services and repairs are conducted in the rear of the same building or in a building accessory thereto distant not more than 40 feet in the rear therefrom. Any use as a gasoline service station is hereby prohibited, but the sale of gasoline may be made, provided that the pumps are located inside or at the rear of the sales building or inside or immediately adjacent to a building accessory thereto in the rear of such sales building. A motor vehicle sales agency may also include as an accessory use a used car lot (not an automobile junkyard or wrecking yard) when such lot is an integral part of the lot on which the motor vehicle sales agency building containing a showroom or showrooms is located, but if such lot is contiguous to a residence district, it may be established only when authorized as a special exception.
Office, studio or telephone, telegraph or utility office, radio or television broadcasting station.
Restaurant and tearoom.
Restaurant, drive-in or takeout, when authorized as a special exception.
Retail store and personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking or similar shop.
Taproom.
Theater, excluding open-air theater; auditorium and stadium.
Undertaking parlor and undertaking supplies.
Used car lot (not an automobile junkyard or wrecking yard) when such lot is not an integral part of the lot on which a motor vehicle sales agency building containing a showroom or showrooms is located, when authorized as a special exception.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, but specifically excluding off-track betting parlor. [Amended 11-15-2000 by Ord. No. 3590]
Any use of the same general character as any of the uses hereinbefore specifically permitted, when authorized as a special exception, but not including any use permitted only in a less restricted use district and not including an off-track betting parlor. [Amended 11-15-2000 by Ord. No. 3590]
Farmers' Market, subject to the following regulations: [Added 4-8-2010 by Ord. No. 3907]
1. If the lot is used for any other purpose, the Farmers' Market use may only occur if the applicant can demonstrate that there is sufficient parking for the Farmers' Market use and any other use that will operate at the same time as the Farmers Market.
2. Parking. A minimum of 50 off-street parking spaces for customers shall be available on the lot, in addition to the parking spaces required for vendors and their employees.
3. Operation of the Farmers' Market shall be limited to a maximum of two days per week for six hours. Sales to the public may only occur for a maximum of four hours between the hours of 10:00 AM and 7:00 PM. Producers may set up and clean up for no more than an hour before sales commence and an hour after sales conclude.
4. Off site parking. If adequate on site parking is not available, the parking requirements may be met by designating parking spaces in a off street public parking lot located within 900 feet of the proposed Market.

§ 155-72. Single-family detached and semidetached dwellings.

For single-family detached and semidetached dwellings, the requirements set forth in Article XI, §§ 155-41 and 155-42, respectively, shall apply.

§ 155-73. Two-family detached dwellings.

For two-family detached dwellings, the requirements set forth in Article XIII, § 155-56, shall apply, except that the minimum depth of the front yard shall be not less than 20 feet.

§ 155-74. Two-family semidetached dwellings.

For two-family semidetached dwellings, the requirements set forth in Article XIII, § 155-57, shall apply, except that the minimum depth of front yard shall be not less than 20 feet.

§ 155-75. Apartment houses and apartment hotels.

For apartment houses and apartment hotels, the requirements set forth in Article XIII, § 155-58, shall apply.

§ 155-76. Buildings authorized as special exceptions.

A motel and tourist court, when authorized as a special exception, shall meet the requirements set forth in Article XIV, entitled "CO Commercial Districts."
Any other building or use, when authorized as a special exception, shall meet the requirements set forth in Article XIII, § 155-59, hereof.

§ 155-77. Commercial buildings utilized for dwelling purpose. [Amended 3-19-1975 by Ord. No. 1736; 10-17-1990 by Ord. No. 3208; 3-15-2000 by Ord. No. 3563; 10-16-2002 by Ord. No. 3656]

For commercial buildings utilized for dwelling purposes, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 1,000 square feet per family shall be provided.
2. Building area. Not more than 60% of the area of each lot may be occupied by buildings.
3. Front yard.
  1. There shall be a front yard on each street on which a lot abuts, the depth of which shall be at least 10 feet.
  2. For a corner lot which is immediately contiguous to a residence district, the front yard on the residential street shall be at least equal in depth to the front yard requirement in such residence district, provided that in the case of a corner lot held in single and separate ownership at the effective date of this chapter of a width of less than 50 feet, the depth of the front yard on the residential street side of the lot may be decreased to not less than 10 feet when authorized as a special exception.
4. Side yard. There shall be at least one side yard, which shall be at least 10 feet wide, provided that in the case of a side yard immediately contiguous to a residence district, the width of the side yard shall be equal to the side yard requirement in such residence district.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet, provided that in the case of a lot held in single and separate ownership at the effective date of this chapter of a depth of less than 100 feet, the depth of the rear yard when not immediately contiguous to a residence district may be decreased to not less than 15 feet.
6. Buffer area. Where a C 1 Commercial District abuts a residence district, there shall be a buffer along the district boundary line within the C 1 Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception.
7. Impervious surfaces. Not more than 70% of the area of each lot may be covered with impervious surfaces.
Height regulations. The height of any building specified in this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

§ 155-78. Commercial buildings not utilized for dwelling purposes.

For commercial buildings not utilized for dwelling purposes, the following requirements shall apply:

Area regulations.
1. Building area. Not more than 60% of the area of each lot may be occupied by buildings.
2. Front yard.
  1. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 10 feet.
  2. For a corner lot which is immediately contiguous to a residence district, the front yard on the residential street shall be at least equal in depth to the front yard requirement in such residence district, provided that in the case of a comer lot held in single and separate ownership at the effective date of this chapter of a width of less than 50 feet, the depth of the front yard on the residential street side of the lot may be decreased to not less than 10 feet when authorized as a special exception.
3. Side yard. For a lot which is immediately contiguous to a residence district, there shall be a side yard equal in width to the side yard required in such residence district.
4. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet, provided that in the case of a lot held in single and separate ownership at the effective date of this chapter of a depth of less than 100 feet, the depth of the rear yard when not immediately contiguous to a residence district may be decreased to not less than 15 feet.
5. Buffer area. Where a C 1 Commercial District use abuts a residence district, there shall be a buffer area along the district boundary line within the C 1 Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area may be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception. [Aded 3-19-1975 by Ord. No. 1736; amended 10-17-1990 by Ord. No. 3208; 3-15-2000 by Ord. No. 3563]
6. Impervious surfaces. Not more than 70% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord No. 3208]
Height regulations. The height of any building specified in this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

ARTICLE XVII
C 2 Commercial Districts

§ 155-79. Applicability.

In C 2 Commercial Districts the regulations of this article shall apply.

§ 155-80. Use regulations. [Amended 9-20-1989 by Ord. No. 3162]

A building or combination of two or more buildings, which shall include a condominium, may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

A use permitted in C 1 Commercial Districts.
Bowling alleys, when authorized as a special exception.
Creamery, butter or cheese making, milk bottling and distributing station.
Electric substation.
Machine laundry and dry-cleaning and dyeing plant.
Manufacture of jewelry, watches, clocks, optical goods and musical, professional and scientific instruments.
Metalworking, blacksmiths, tinsmith and pipe-fitting shop.
Newspaper or job printing and bookbinding.
Public garage, motor vehicle service and repair shop and gasoline service station.
Storage house; stable; express, carting or hauling station; ice manufacturing; yard for storage and sale of coal, fuel oil or building materials; animal farm.
Trailer camp, when authorized as a special exception.
Storage garage, as a special exception, provided that the storage garage shall front on a primary arterial. [Added 11-18-1987 by Ord. No. 3071]
Animal hospital, when authorized as a special exception, provided that the animal hospital shall front on a primary arterial and further provided that the applicant shall present credible evidence and shall prove to the satisfaction of the Zoning Hearing Board that the soundproofing of the facility shall be adequate to prevent disturbance of neighboring properties. [Added 11-18-1987 by Ord. No. 3071]
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, but specifically excluding off-tract betting parlor. [Amended 11-15-2000 by Ord. No. 3590]
Any use of the same general character as any of the uses hereinbefore specifically permitted, when authorized as a special exception, but not including an off-track betting parlor. [Amended 11-15-2000 by Ord. No. 3590]

§ 155-81. Single-family detached and semidetached dwellings.

For single-family detached and semidetached dwellings, the requirements set forth in Article XI, § 155-41 and § 155-42, respectively, shall apply.

§ 155-82. Two-family detached dwellings.

For two-family detached dwellings, the requirements set forth in Article XIII, § 155-56, shall apply, except that the minimum depth of the front yard shall be not less than 20 feet.

§ 155-83. Two-family semidetached dwellings.

For two-family semidetached dwellings, the requirements set forth in Article XIII, § 155-57, shall apply, except that the minimum depth of the front yard shall be not less than 20 feet.

§ 155-84. Apartment houses and apartment hotels.

For apartment houses and apartment hotels, the requirements set forth in Article XIII, § 155-58, shall apply.

§ 155-85. Buildings authorized as special exceptions.

Any other building or use, when authorized as a special exception, shall meet the requirements set forth in Article XIII, § 155-59, hereof.

§ 155-86. Commercial buildings utilized for dwelling purposes. [Added 3-19-1975 by Ord. No. 1736; amended 10-17-1990 by Ord. No. 3208; amended 3-15-2000 by Ord. No. 3563; 10-16-2002 by Ord. No. 3656]

For commercial buildings utilized for dwelling purposes, the following requirements shall apply:

Area and width regulations.
1. Lot area and width. A lot area of not less than 1,000 square feet per family shall be provided.
2. Building area. Not more than 60% of the area of each lot may be occupied by buildings, provided that in the case of a building the first story of which is used solely for business purposes and where no portion of the first story is used for sleeping purposes, the building area shall not exceed 70%.
3. Front yard.
  1. A front yard is not required.
  2. For a corner lot which is immediately contiguous to a residence district, the front yard on the residential street shall be at least equal in depth to the front yard requirement in such residence district, provided that in the case of a corner lot held in single and separate ownership at the effective date of this chapter of a width of less than 50 feet, the depth of the front yard on the residential street side of the lot may be decreased to not less than 10 feet when authorized as a special exception.
4. Side yard. There shall be at least one side yard, which shall be at least 10 feet wide, provided that in the case of a side yard immediately contiguous to a residence district, the width of the side yard shall be equal to the side yard required in such residence district.
5. Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet, provided that in the case of a lot held in single and separate ownership at the effective date of this chapter of a depth of less than 100 feet, the depth of the rear yard when not immediately contiguous to a residence district may be decreased to not less than 15 feet.
6. Buffer area. Where a C 2 Commercial District abuts a residence district, there shall be a buffer area along the district boundary line within the C 2 Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception.
7. Impervious surfaces. Not more than 70% of the area of each lot may be covered with impervious surfaces.
Height regulations. The height of any building specified in this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

§ 155-87. Commercial buildings not utilized for dwelling purposes.

For commercial buildings not utilized for dwelling purposes, the following requirements shall apply:

Area and width regulations.
1. Building area. Not more than 70% of the area of each lot may be occupied by buildings.
2. Front yard.
  1. A front yard is not required.
  2. For a corner lot which is immediately contiguous to a residence district, the front yard on the residential street shall be at least equal in depth to the required front yard in such residence district, provided that in the case of a corner lot held in single and separate ownership at the effective date of this chapter of a width of less than 50 feet, the depth of the front yard on the residential side of the lot may be decreased to not less than 10 feet when authorized as a special exception.
3. Side yard. For a lot which is immediately contiguous to a residence district, there shall be a side yard equal in width to the side yard required in such residence district.
4. Rear yard. There shall be a rear yard, the depth of which shall be at least 15 feet, provided that the depth of the rear yard when not immediately contiguous to a residence district may be decreased when authorized as a special exception.
5. Buffer area. Where a C 2 Commercial District use abuts a residence district, there shall be a buffer area along the district boundary line within the C 2 Commercial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area may be used for no purpose other than planting and screening, and there shall be no more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception. [Added 3-19-1975 by Ord. No. 1736; amended 2-21-1996 by Ord. No. 3183; 3-15-2000 by Ord. No. 3563]
6. Impervious surfaces. Not more than 80% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
Height regulations. The height of any building specified in this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

ARTICLE XVIIA
Ardmore Special Development District
[Added 6-20-1990 by Ord. No. 3193]

§ 155-87.1. Purpose.

The Ardmore Special Development District is a special purpose district established to promote and protect the health, safety and general welfare of the citizens of Lower Merion Township and the amenity and economic stability of the township by promoting the attractiveness, convenience and economic viability of that portion of the township. These general goals and objectives include, among others, the following specific purposes:

To improve the economic viability of the district by fostering an enhanced mix of stores and services.
To maintain a scale, balance and variety of retail goods and services in the district to serve the surrounding neighborhood, as well as the outlying region.
To discourage uses from the prime retail locations of the district which, because of size, type of products sold or other considerations, are most appropriately located elsewhere in the district or township.
To allow for uses which maintain the cultural quality of the district.
To encourage a mix of goods and services which will produce variations among categories of uses. [Amended 4-21-1993 by Ord. No. 3318]
To encourage the establishment and maintenance of uses which will satisfy the needs of all age groups and attract a range of users and interest.
To encourage uses and structural architecture that reinforce and discourage uses and architecture that interrupt the pedestrian orientation of the district.
To encourage mixed uses, commercial on the first floor and either offices or residential on the second and third floors.
To encourage the establishment and survival of small, locally owned business, thereby contributing to the vitality and diversity of the district.
To discourage the type of commercial use whose establishment will contribute to the displacement of businesses that supply neighboring residents with essential goods and services.
To ensure that new buildings, additions and renovations harmonize with and enhance the unique character of the district.
To promote compatibility between the commercial area and the adjacent residential neighborhoods.
To promote the beautification of the district by encouraging the landscaping of streets, parking areas and pedestrian walkways and common areas and the renovation of buildings and store fronts.

§ 155-87.2. Definitions.

The following words and phrases shall be construed throughout this article to have the meanings indicated:

ALCOHOLIC BEVERAGE SALES --: Establishments in which the primary use shall include the sale of alcoholic beverages; may include but is not construed to be a private club.
ANTIQUE STORE --: A retail establishment primarily engaged in the sale of merchandise a minimum of 30 years old, usually from a specific, documented, design era and that may include but not be limited to furniture, objects d'art, paintings, household items or decorative elements.
COMMERCIAL RECREATION --: A recreation facility operated as a business and open to the public for a fee.
FAST-FOOD RESTAURANTS --: An establishment whose principal business is the sale of preprepared or rapidly prepared foods, using containers and utensils that are disposable or consumable; may also provide service to customers in their vehicles.
GENERAL OFFICES --: An establishment that is used as a primary means of conducting business in which the employees are not in a generally recognized field; does not include professional or governmental offices.
LABORATORIES --: Places devoted to experimental study for the application of scientific principles.
PERSON --: A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, a state and all political subdivisions of a state or any agency or instrumentality thereof.
PROFESSIONAL OFFICES --: The office of a member of a recognized profession maintained for the conduct of that profession; shall include law offices and all medical offices.
RESTAURANT --: An eating establishment where a full course/full service sit-down meal is prepared, served and consumed primarily within the principal building; serving containers and eating utensils are not disposable or consumable.
SOUND AND VIDEO RENTAL AGENCIES --: An establishment engaged in the renting and selling of goods or merchandise to the general public which are entertainment-oriented; may include such items as videotapes, records, compact discs or musical tapes.
THEATER --: A building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.
TRAVEL AND ENTERTAINMENT CONSULTING SERVICES --: Establishments primarily engaged in providing the service of travel arrangements and may include but is not construed to being a ticketing agent.
USED GOODS SALES --: A retail or nonprofit establishment primarily engaged in the sale of household goods previously owned, of no particular artistic merit or age, including but not limited to books, clothing, household items or ancillary cultural artifacts.

§ 155-87.3. Permitted uses and numeric limitations.

To implement these stated objectives, the Ardmore Special Development District is to be divided into two areas of primary and secondary importance to the overall goal of redevelopment within the district. The Ardmore Special Development District - 1 designates the center of the Ardmore Business District. The Ardmore Special Development District - 2 is established to provide a transition and serve as a buffer between the permitted nonresidential development and the surrounding residential development. Any establishment proposed after the effective date of this article and use changes of existing establishments caused by expansion or reduction of space or change of service/product mix must comply with this article, except as may be provided for in § 155-87.8 herein. Unless otherwise stated, an establishment will be categorized into the one most appropriate category, based upon the activity which occupies all or the greatest part of its gross floor area. [Amended 4-21-1993 by Ord. No. 3318; amended 10-25-2005 by Ord. No. 3759]
Use permits.
1. Use permits shall be required for:
  1. New construction or the addition of new floor area which results in the creation of a minimum of any new commercial floor area or a residential unit.
  2. Conversion of commercial space.
  3. Removal of existing off-street parking.
  4. Any new or changed use.
2. A use permit shall expire and become null and void if a certificate of occupancy is not issued within 90 days of the issuance of the use permit. A use permit may be extended for a period of six months if the Zoning Officer determines that there has been substantial progress towards obtaining a certificate of occupancy (i.e., ongoing renovations or application for Zoning Hearing Board, subdivision or land development approval). [Added 4-21-1993 by Ord. No. 3318]
3. No use permit shall be required for municipal or municipal authority offices, which shall be a permitted use throughout the Ardmore Special Development District on any floor. [Added 10-25-2005 by Ord. No. 3759]
The following uses are permitted in the Ardmore Special Development District -- 1 on the ground floor only, subject to securing a use permit. A space below grade shall be considered ground floor when there is direct access from the street through an approved exit door. [Amended 4-21-1993 by Ord. No. 3318]
1. Retail sale of products.
  1. Alcoholic beverage sales, including private clubs.
  2. Animal hospitals.
  3. Animal sales and grooming, including pet stores and boarding.
  4. Antique stores.
  5. Art, educational and office supplies and equipment.
  6. Art galleries.
  7. Bakery goods.
  8. Banks, savings and loan associations.
  9. Bicycles, including parts and service.
  10. Books, periodicals, posters, stationery and stamps.
  11. Cards, gifts/novelty shops.
  12. Clothing, accessories and jewelry.
  13. Community centers.
  14. Commercial recreation.
  15. Computer hardware, software sales and service.
  16. Craft goods, tools and supplies, including fabric, leather and paper.
  17. Electrical, audio, telephone and video sales and supplies.
  18. Fitness centers.
  19. Flowers and plants, including live, fresh-cut and/or dried.
  20. Food, meat, fish, beverage, candy or spice products for off-site consumption.
  21. Furniture and appliances, office or home.
  22. Household, hardware, garden goods, wares, furnishings and tools.
  23. Leisure, sports and play equipment, goods, toys and supplies.
  24. Motion-picture/other theaters/places of entertainment.
  25. Personal health and beauty care items, including cosmetics, prescription drugs.
  26. Photography equipment, accessories and supplies, except photoprocessing laboratories.
  27. Restaurants (full service).
  28. Restaurants (fast-food).
  29. Sound and video sales and rentals, including discs, tapes, records, musical instruments and accessories.
  30. Used goods sales, including clothing or other secondhand furniture or household items.
  31. Wall and floor coverings, including rugs, paint, wallpaper and window coverings.
  32. Any other retail use of the same general character as a use herein specifically permitted.
2. Personal services.
  1. Beauty/barber shops.
  2. Dry cleaning and agents and laundry service, including self-service laundromats.
  3. Eye care (excluding professional office).
  4. Photograph studio.
  5. Repair of clothes, shoes and/or household items.
  6. Travel and entertainment consulting and services.
  7. Weight control centers.
  8. Any other personal service use of the same general character as a use herein specifically permitted.
3. Off-street parking, either surface or garage, where parking is the primary use on the site.
4. Business services.
  1. Types of uses.
    1. Copy center, job printing and magnetic reproduction services with not more than three full-time employees and two part-time employees.
    2. Insurance agencies, real estate and title services.
    3. Professional offices, including physician, dentist, accountant or therapist offices.
    4. Repair of business equipment.
    5. Any use of the same general character as a use herein specifically permitted.
  2. All business service uses shall comply with the following provisions:
    1. Each must cater to clients on the premises.
    2. The maximum floor area of any one use on the first floor shall be 2,000 square feet.
    3. The maximum floor area of all such uses in the district on the first floor shall be 50,000 square feet. The present floor area in the district is on file with the Director of Building and Planning. [Amended 1-19-2002 by Ord. No. 3631]
    4. Each such use shall be separated from any other business service use located on the same side of the street by a minimum of 100 feet.
    5. Administrative offices that operate with minimal or no public visits are prohibited.
The following uses are permitted in the Ardmore Special Development District -- 1 on the second floor or above, subject to securing a use permit: [Amended 4-21-1993 by Ord. No. 3318]
1. Business/vocational schools.
2. Insurance agencies, real estate, title services.
3. Offices, general.
4. Offices, government.
5. Offices, professional.
6. Photograph studios.
7. Commercial recreation, limited to physical fitness center. [Added 9-20-2000 by Ord. No. 3582]
8. Any use providing support services for a use permitted in the district on the ground floor.
9. Any use of the same general character as a use herein specifically permitted.
10. Resturant; coffee/tea house. [Added 3-16-2005 by Ord. No. 3739]
The following uses are permitted in the Ardmore Special Development District -- 2, subject to securing a use permit. None of these permitted uses shall be construed to include or to permit any manufacturing or retail use. [Amended 4-21-1993 by Ord. No. 3318; 5-1-2008 by Ord. No. 3848]
1. Business/vocational schools.
2. Copy center and job printing and magnetic reproduction services with not more than three full-time employees and two part-time employees.
3. Insurance agencies, real estate and title services.
4. Mortuary.
5. Offices, general.
6. Offices, government.
7. Offices, professional.
8. Photograph studios.
9. Repair of business equipment.
10. Repair of clothes, shoes and/or household items.
  
  10.1 Residential dry cleaning and laundry service, subject to the following requirements: [Added 5-20-1998 by Ord. No. 3486]
  1. No more than five employees.
  2. The dry cleaning equipment must be hermetically sealed with an emission-free still.
11. Restaurant (full service), subject to compliance with the following requirements:
  1. Maximum of 1,500 square feet of floor area used for restaurant purposes.
  2. The restaurant use must be separated from any other full service restaurant in Ardmore Special Development District -- 2 by a minimum of 500 feet.
12. Weight control centers.
13. Any use of the same general character as a use herein specifically permitted.
14. A residential townhouse or apartment development located in the ASDD - 2 zoning district may be developed in accordance with the provisions of Article XVIIB, Mixed Use Special Transit District, provided a minimum lot area of 2,000 square feet per dwelling unit is provided, and a minimum of 30% of the dwelling units are affordable to moderate-income households and provided that such units shall be so maintained by a covenant running with the land. Price and income guidelines for moderate-income households shall be as defined by the federal Department of Housing and Urban Development and based on regional median income figures applicable in Lower Merion Township. Developers and subsequent purchasers shall provide documentation showing compliance with these family income and rental/purchase price limits. The amount of the density increase shall be noted on the plan and recorded in the deed. [Added 9-25-2006 by Ord No. 3792; amended 5-1-2008 by Ord. No. 3848]
The following use is permitted in either the Ardmore Special Development District -- 1 or 2; [Amended 4-8-2010 by Ord No. 3907]
1. Single-family and multifamily residential uses, provided, however, that such use in the Ardmore Special Development District -- 1 is not permitted on the ground floor:
2. Farmers' Market, subject to the following regulations:
  1. If the lot is used for any other purpose, the Farmers' Market use may only occur if the applicant can demonstrate that there is sufficient parking for the Farmers' Market use and any other use that will operate at the same time as the Farmers Market.
  2. Parking. A minimum of 50 off-street parking spaces for customers shall be available on the lot, in addition to the parking spaces required for vendors and their employees.
  3. Operation of the Farmers' Market shall be limited to a maximum of two days per week for six hours. Sales to the public may only occur for a maximum of four hours between the hours of 10:00 AM and 7:00 PM. Producers may set up and clean up for no more than an hour before sales commence and an hour after sales conclude.
  4. Off site parking. If adequate on site parking is not available, the parking requirements may be met by designating parking spaces in a off street public parking lot located within 900 feet of the proposed Market.

§ 155-87.4. Prohibited uses.

The following uses are prohibited in either the Ardmore Special Development District -- 1 or 2.

Amusement device arcades.
Automobile sales and rental.
Automobile repair, parts and service, including car washes.
Automobile-oriented uses which provide service to customers in their vehicles.
Hospitals.
Laboratories.
Manufacturing, storage and wholesale uses, except when incidental to permitted retail uses.
Off-track betting parlor. [Added 11-15-2000 by Ord. No. 3590]

§ 155-87.5. Criteria for securing use permit.

The Director of Building and Zoning will issue a use permit under this article upon finding that the proposed action:

Is consistent with the purposes set forth in § 155-87.1.
Encourages and maintains the present street frontage of the district, does not interfere with the continuity of retail or compatible service facilities at the ground level and does not interrupt a continuous wall of building facades.
Will not generate traffic or parking demand significantly beyond the capacity of the Ardmore Special Development District.
Will be compatible in design and character with the district and the adjacent residential neighborhoods.

§ 155-87.6. (Reserved)

§ 155-87.7. (Reserved)

§ 155-87.8. Area and bulk standards.

The area and bulk requirements as stated in Article XVII (C 2 Commercial District regulations) of the Code of the Township of Lower Merion shall apply to all parcels in the Ardmore Special Development District -- 1.
The area and bulk requirements as stated in Article XII (R 6A Residence District regulations) of the Code of the Township of Lower Merion shall apply to all parcels in the Ardmore Special Development District -- 2; provided, however, there shall be a maximum building height limitation of 35 feet in the ASDD-2 and that no new construction shall exceed 6,000 square feet per building. A development in the ASDD-2 District may include a cluster of buildings, provided that there is a minimum of 35 feet between buildings.

§ 155-87.9. Design standards.

To promote architecture that reinforces the redevelopment goals of the Ardmore Special Development District, applicants proposing new construction, additions or renovations shall follow the special design guidelines developed for the district.
When reviewing plans for new construction, additions or renovations within the Ardmore Special Development District, the Board of Commissioners shall consult with Ardmore Alliance or such other agency as determined by the Board.

§ 155-87.10. Parking.

The parking requirements as stated in Article XX shall apply to all parcels in the Ardmore Special Development District containing commercial uses.
If on-site parking is prohibited or the Director of Building and Planning determines that it is not feasible or appropriate, the parking requirements established in Article XX may be met by designating off-street public parking spaces, provided that they are within a five-hundred-foot radius and on a parcel which is zoned commercial. Each such public parking space may only be counted once when this parking provision is utilized. [Amended 4-21-1993 by Ord. No. 3318; 1-19-2002 by Ord. No. 3631]

§ 155-87.11. Signs. [Amended 4-21-1993 by Ord. No. 3318]

The following sign requirements shall apply to the entire Ardmore Special Development District. Any sign hereafter erected in the district shall conform to the provisions of this section:

(Reserved)

§ 155-87.12. Transition areas.

To ensure the compatibility between commercial uses and residential uses within the Ardmore Special Development District and in adjacent residential neighborhoods, the following regulations will be part of the use permit process.

When new commercial development is proposed within the Ardmore Special Development District, a twenty-foot landscaped buffer will be required along any property lines adjacent to a residential use or zoning district. Buffers serve to shield or block light, noise and other nuisances. This buffer will consist of high- and low-level plantings sufficient to provide a visual screen between adjacent uses. In addition, shade trees shall be provided in the buffers at the rate of one per 1,000 square feet of buffer area.
No parking, signage or other similar intrusions will be permitted within the required buffer.
Areas used for loading or trash receptacle purposes should not, if at all possible, be located adjacent to residential uses or districts. If areas used for loading or trash receptacle purposes must be located adjacent to residential uses or districts, then sufficient buffering must be provided, including fencing and landscaping.
Facade treatments of walls facing residential uses or residential zoning districts are required to be similar to the main facade treatment of the building along the street frontage.
To limit noise and other nuisance from commercial developments immediately adjacent to residential zoning districts, hours of operation of the commercial development will be limited to between 8:00 a.m. and 9:00 p.m.

§ 155-87.13. (Reserved)

§ 155-87.14. (Reserved)

ARTICLE XVIIB
Mixed Use Special Transit District (MUST)
[Added 4-26-2006 by Ord. No. 3776]

§ 155-87.20 Purpose and applicability.

General Purpose
1. The Mixed Use Special Transit District (MUST) is established as an overlay zoning district to encourage the development of transit-supportive Mixed-Use neighborhoods that foster economic viability, pedestrian activity and a sense of community. It recognizes the importance of public transit as a viable alternative to the automobile by permitting appropriate densities and a mix of land uses within walking distance of transit stops while, at the same time, providing sufficient off-street parking to uses both within and adjacent to the MUST.
2. The intent of this Article is to allow development that decreases auto dependency and mitigates the effects of congestion and pollution. The regulations create accessible neighborhoods and promote and protect the health, safety and general welfare of the citizens of Lower Merion Township. Further, this Article is designed to enhance the economic stability of the Township by promoting the attractiveness, convenience and stability of those areas of the Township to which the MUST applies.
These general goals and objectives include the following specific purposes:
1. Encourage Mixed-Use real estate development oriented to the rail station, transit stops, and that promotes transit ridership;
2. Promote well-integrated residential, commercial, office and civic development in close proximity to local and regional transit stations that have an urban scale development pattern;
3. Support new development that includes diverse pedestrian-compatible, higher density, transit friendly designs and expands economic development opportunities and minimizes distances between destinations by requiring linked sidewalks and pedestrian oriented access;
4. Provide incentives for the creation of mixed uses in keeping with the character, scale and architecture of the neighborhood, while using development design guidelines to promote compatibility of uses and stimulate pedestrian activity
5. Maintain a scale, balance and variety of commercial, institutional and residential uses;
6. Promote the livability and identity of the neighborhood by providing for dwellings, shops and workplaces in close proximity to each other.
7. Enhance the visual character and physical comfort of the district by minimizing pedestrian and vehicular conflicts and encouraging the renovation and erection of buildings and storefronts that provide direct connections to the street and sidewalk.
8. Discourage the dependence on automobile use, thereby reducing traffic congestion and promoting alternative modes of traffic.
9. Encourage the development of shared parking and attractive, convenient off-street parking facilities to reduce on-street congestion and facilitate vehicular and pedestrian circulation. [Amended 9-25-2006 by Ord No. 3792]
Applicability
1. The Mixed Use Special Transit District (MUST) is defined and established to include and be an overlay upon all lots within the Ardmore Special Development District (ASDD) 1, C-1, C-2 and CL Commercial Districts that are located within a 1,500 feet radius of the Ardmore R5 commuter rail station. The 1,500 feet MUST boundary and all distances from a train station shall be measured from the center of the railroad tracks and centered on the train station building.
2. When an entire lot within the MUST District is zoned residential as of the effective date of this ordinance and is later rezoned to a C-1, C-2, CL or ASDD 1 commercial zoning district, the lot shall not be eligible to be developed under the MUST regulations.
3. The provisions of this article apply to the entire commercially zoned area on a lot at the edge of the overlay district provided at least ten percent (10%) of the area of the lot is within the MUST district boundary. This boundary tolerance provision may not be used in combination with the boundary tolerance provisions in Section 155-8.
4. The use regulations in Section 155-87.21 A and B and development design standards in Section 155-87.25 A, B and C of the MUST are mandatory.
5. The development design standards in the MUST overlay district shall apply to exterior building improvements requiring a Township building permit, excluding the installation of signs on buildings that have not been developed pursuant to the provisions of this Article. [Amended 9-25-2006 by Ord No. 3792]
6. Authorization to develop a lot pursuant to the requirements of the underlying commercial district (conventional development), rather than the MUST, may be granted by the Board of Commissioners as a conditional use pursuant to Section 155-141.2A provided the applicant complies with the standards and criteria set forth in Section 155-141.2B and C, and that the applicant has achieved the MUST development goals & standards set forth in Sections 155-87.20A and 155-87.25C.

§ 155-87.21 Use regulations.

A building may be erected or used and a lot may be used or occupied only for the purposes listed below. The applicant is encouraged to create a Mixed-Use development. Developments shall adhere to the Development Design Standards in Section 155-87.25.

Residential Uses

Single Family Semi-detached Dwellings
Townhouses
Apartment houses, which shall include condominiums.
Upper Story residential uses above non-residential uses.
Live/Work units for artisans, professionals and service providers, provided the work area does not exceed 50% of the floor area of the dwelling unit.
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, including Parking Structures and Fitness Centers, but specifically excluding off-track betting parlors.
Any use of the same general character as any of the uses hereinbefore specifically permitted, excluding off-track betting parlors.

Non-residential/Commercial Uses

Adult or child day care.
Nursery school or similar nonresidential use for more than six (6) children.
Bank or other financial institution, excluding drive-thru windows. Existing banks with drive-thru windows may be incorporated into a new mixed use development if the drive-thru window and the vehicle stacking area can not be seen from any street.
Professional offices or office building, medical offices or medical clinic building.
Full service restaurants, including walk up windows, but excluding drive-thru windows.
Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises.
Copy centers and job printing operating on a retail sales level.
Commercial Parking Facility that is pedestrian oriented in both design and scale.
Retail store with an area on each Story equal to or less than 25,000 square feet.
Personal service shop, excluding Fitness Centers and massage parlors, but including tailor, barber, beauty salon, shoe repair or similar type use.
Grocery Store with a floor area less than 35,000 square feet.
Hand laundry, dry-cleaning or dyeing establishment operating on a retail sales level.
Hotels.
Theater.
Indoor recreational facilities such as roller & skating rinks, skate board park and playgrounds.
Real estate sales office.
Municipal office building.
Municipal Parking Structure.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including above ground or below ground Parking Structures and Fitness Centers but specifically excluding off-track betting parlors.
Any use of the same general character as any of the uses hereinbefore specifically permitted, but excluding off-track betting parlors.
Motor vehicle sales agency in a Mixed-Use building. A motor vehicle sales agency may include as an accessory use a service and repair shop, provided that the accessory services and repairs are conducted in the basement or the rear of the same building, or building accessory thereto. A motor vehicle sales agency, and any accessory uses to a sales agency shall not be considered a Mixed-Use building. Motor vehicle sales agencies in the MUST shall be separated from any other motor vehicle sales agency by a minimum of 1,500 feet.
Storage use, as an accessory use to any permitted use provided the storage area doesn’t occupy more than 25% of the total floor area.

§ 155-87.22 Dimensional standards for development.

Land Use Zoning Chart

Land Use	Lot Width Min.	Bldg. Area Max.	Front Yard¹	Side Yard²	Rear Yard³ Min.	Imp. Cover⁴ Min.	Buffer Min.
Single Use Bldgs.
Townhouses	20 ft.	80%	0ft.	0-20 ft.	0-15 ft.	85%	20 ft.
Apts. & Condos.	50 ft.	80%	0 ft.	0-25 ft.	0-20 ft.	85%	20 ft.
Hotels	60 ft.	80%	0 ft.	0-25 ft.	0-25 ft.	85%	20 ft.
Other Commercial Uses	20 ft.	80%	0 ft.	0-25 ft.	0-25 ft.	85%	20 ft.
Office	20 ft.	80%	0 ft.	0-25 ft.	0-25 ft.	85%	20 ft.
Mixed Use Bldgs.
Commercial/ Residential	-------	100%	0 ft	--------	0-15 ft.	100%	20 ft.
Other Commercial/ Non-Residential	-------	100%	0 ft.	--------	0-15 ft.	100%	20 ft.

1 See section C-2 for specific front yard requirements
2 See section C-3 for specific side yard requirements
3 See section C-4 for specific rear yard requirements
4 See section E for specific impervious cover requirements

Building Area

Single Use Buildings- Limited to 80% of the lot area, as per Section 155-87.22A above, the Land Use Zoning Chart.
Mixed Use Buildings- Permitted to cover up to 100% of the lot area, as per Section 155-87.22A above, the Land Use Zoning Chart

Building Setbacks

Build-to-Lines

The front façade of a building in the MUST District shall be set back from the street right-of-way no farther than that of the closest building within 150 feet, facing the same street and in the same zoning district, except as provided for in Subsection C(1)(g) below.[Amended 9-25-2006 by Ord No. 3792]
The primary pedestrian access point to buildings shall face onto the Build-to-Line, rather than onto rear or side parking lots or alleys. Secondary access points may be located along other facades.
Parking lots, driveways, loading zones and other auto-related areas do not qualify as structures, enhanced pedestrian spaces or amenities and are prohibited at or in front of the Build-to-Line. This section shall not prohibit a loading or unloading area along a street for a train station or a transit bus stop.
If the front façade is set back from the street right of way, the area between the front façade and the street right of way shall be used for enhanced pedestrian spaces and amenities, landscaped with shade trees and furnished with seating areas. [Amended 9-25-2006 by Ord No. 3792]
Features such as Overhangs, upper floor balconies, Loggias, Arcades, covered (non-enclosed) bicycle parking, Pergolas and similar architectural features placed on the front (street facing) side of the building may extend beyond the Build-to-Line and/or up to three (3) feet into the right of way, but no closer than five (5) feet to the curb line.
Projections into the right of way shall be subject to approval by the authority having jurisdiction.
The Build-To Line may be extended up to twenty (20) feet further from the street right of way if the additional area is used as a Public Gathering Space or for outdoor dining. If the outdoor dining use is discontinued, this outdoor area must be used for Public Gathering Space.
Where a street line separates the MUST district from a residential use in a Residential Zoning District, a ten (10) foot landscaped front yard setback in the MUST District along the Build-to-Line is required in accordance with the required Buffer provisions.
For properties larger than 10,000 square feet fronting on a primary street, any portion of a new building above three stories or 40 feet above grade shall be set back from the Build-to-Line a minimum of 10 feet. [Amended 9-25-2006 by Ord No. 3792]

Front Yards. There is no required minimum front yard setback.
Side Yards. New and redeveloped buildings in the MUST shall be subject to a range of minimum/maximum side yard setbacks in order to maintain a consistent and uninterrupted streetscape that generates pedestrian activity.

Minimum. There is no required minimum side yard setback. However, if a new or expanded structure is not built up to the side lot line, the new or expanded portion of the building must be setback a minimum of ten (10) feet from the side lot line. Where a building is located between a street and a train station or bus stop, direct egress shall be provided to the occupants of the building to the street and the public transportation stop.
Maximum. The maximum side yard setbacks shall be as set forth in the Land Use Zoning Chart above, , or the width of any required Buffer Area, whichever is greater.
For a corner lot immediately contiguous to a residential use in a Residential Zoning District, the side yard on the residential street shall be at least equal in depth to the side yard requirement in such residential district.

Rear Yards. Depending on the proposed use and subject to the Buffer requirements set forth in Section 155-87.22G below, all lots subject to this overlay may have a required minimum rear yard setback.

When a new or redeveloped building complying with the MUST development design standards is on a lot that backs up to another commercially zoned lot, a rear yard setback is not required.
When a new or redeveloped building complying with the MUST development design standards is on a lot that backs up to a residentially zoned lot, then the rear yard setback is the maximum listed in Section 155-87.22A above, the Land Use Zoning Chart. The lot must also comply with the minimum Buffer requirements.
When a railroad right of way separates a new or redeveloped building complying with the MUST development design standards from a residential zoning district, the rear yard setback provided for in Section 155-87.22A above may be reduced by up to five (5) feet, but in no case may the setback be less than fifteen (15) feet.

Lot Width

Single Use Buildings. The minimum lot width is between 20 and 60 feet, depending upon use, as per Section 155-87.22A above, the Land Use Zoning Chart.
Mixed Use Buildings. There is no minimum requirement.

Impervious Cover

Single Use Buildings- Impervious cover is limited to 85% of the net lot area, as per Section 155-87.22A above, the Land Use Zoning Chart. This limit may be increased to 100% when the lot contains a Class 1 or Class 2 structure on the Township’s Historic Inventory that is being preserved in compliance with the Secretary of the Interior Standards referenced in Chapter 88 of the Lower Merion Code.
Mixed Use Building- Impervious cover may go up to 100% of the net lot area.

Building Height

The provisions of Section 155-137 (setbacks, impervious cover and building area) hereof shall not apply to new and redeveloped structures developed in accordance with this article.
The minimum height of any building shall be two (2) Stories or twenty-eight (28) feet above grade, over 90% of the building area.
Where a lot is split by the 650 foot and 1000 foot boundary lines listed below, the height regulations applicable to the less restricted district shall extend over the entire commercially zoned portion of the lot in the more restricted district.
The maximum height of any building in the MUST District shall be as follows:

The maximum height of any Mixed-Use building within 650 feet from the train station shall be five (5) Stories, exclusive of a basement, or sixty-five (65) feet above grade whichever is less unless the lot area exceeds 10,000 square feet, in which case the maximum height shall be six (6) stories, exclusive of a basement, or seventy-eight (78) feet above grade whichever is greater
The maximum height of any single use building within 650 feet from the train station shall be four (4) Stories, exclusive of a basement, or fifty-two (52) feet above grade whichever is less.
The maximum height of any mixed use building between 650 and 1000 feet from the train station shall be four (4) Stories, exclusive of a basement, or fifty-two (52) feet above grade whichever is greater unless the lot area exceeds 10,000 square feet, in which case the maximum height may be up to five (5) Stories, exclusive of a basement, or sixty-five (65) feet above grade whichever is less.
The maximum height of any single use building between 650 and 1000 feet from the train station shall be three (3) Stories, exclusive of a basement, or thirty-nine (39) feet above grade whichever is less.
The maximum height of any building more than 1000 feet from the train station shall be three (3) Stories, exclusive of basement, or thirty-nine (39) feet above grade whichever is less.

Penthouses. A penthouse shall not be included in measuring the height of a Mixed-Use building if the enclosed area occupies less than 25% of the floor area of the Story below and is set back a minimum of twenty (20) feet from the exterior walls of the building.
Exceptions to building height limitations. Building heights may be increased as set forth below, except that in no event may the height of a building in the MUST District exceed seven Stories, or 91 feet, which is less. [Amended 9-25-2006 by Ord No. 3792]

The building height limits for Mixed-Use buildings may be increased by two (2) Stories or twenty-four (24) feet provided at least one of the following requirements are met:

A single or Mixed-Use development that provides either five (5) dwelling units or twenty percent (20%) of the total number of dwelling units, (whichever is greater) of affordable or moderate income housing units as described in Section 155-87.24A.
The developer shall contribute a sum of money equal to 2% of the construction costs of the building. This fund shall be controlled by the Township and be dedicated to use for affordable or moderate income housing units as described in Section 155-87.24 A. The method of payment of this contribution shall be established during the land development approval process.

The building height limits for Mixed-Use buildings permitted in Sections F (4) (a), (c) and (e) above may be increased by one (1) Story or thirteen (13) feet provided at least one of the following requirements are met:

A minimum of one thousand (1,000) square feet of dedicated contiguous Public Gathering Space is provided for any lot with less than ten thousand (10,000) square feet of land area. A minimum of ten percent (10%) of the total lot area shall be dedicated to contiguous Public Gathering Space for lots over ten thousand (10,000) square feet; or
The exterior of a Class I Historic building that can be seen from a public way is preserved and restored and a façade easement is recorded in a form approved by the Township Solicitor.

Notwithstanding the building height provisions noted above, any application for new construction or an expansion to an existing building shall also be subject to the following:

No building more than one-thousand (1000) feet from the center of the train station platform shall exceed by more than two (2) Stories or twenty-eight (28) feet, whichever is less, the height of the tallest building or buildings that front on the same street and are located within one-hundred and fifty (150) feet of such building. For a corner lot, this provision shall be applied to buildings within one-hundred and fifty (150) feet on all street Frontages.
No portion of a building located within fifty (50) feet of an existing one- or two-family dwelling in a residential zoning district shall be permitted to exceed three (3) stories or forty-two (42) feet whichever is less.
No portion of a building located within one hundred and fifty (150) feet of an existing one- or two-family dwelling in a residential zoning district shall be permitted to exceed five (5) stories or sixty-five (65) feet whichever is less.

Buffer Area

Where a MUST commercial development abuts a residential use in a residential zoning district or a railroad right of way with a residential district on the opposite side of the railroad, there shall be a Buffer Area along the district boundary line within the MUST.

Where the district boundary line abuts a residential use in a residential zoning district, the depth of this buffer shall be at least twenty (20) feet.
Where the district boundary line is the center of a street or at a street line, there shall be a ten (10) foot wide planted landscape area along the Build- to-Line in the MUST district. Other than the required street trees, the plantings shall be low level and cannot obstruct a pedestrian’s view of the first floor window or door openings.
Where the district boundary line is a railroad right of way, the depth of the buffer may be reduced to fifteen (15) feet from the railroad right of way.

The Buffer Area shall be planted with a variety of high and low level plantings. Where the required buffer is along a railroad right of way, a wall or a fence or a similar architectural detail that satisfies the purpose of the buffer requirement may be used in addition to the plantings.
There may not be more than one vehicular entrance and one vehicular exit through the Buffer Area to any street.
Any lot which becomes vacant through the removal of a structure for any reason must be screened from all abutting public streets by planting street trees and providing a six (6) foot wide landscaped area with a continuous row of two (2) foot high shrubs.

§ 155-87.23 Parking and loading requirements

On-site Parking

At-grade, above- or below-ground parking and loading facilities shall be permitted.
Surface parking lots and exterior loading areas shall be placed between the structure and a rear lot line:

On a corner lot, if surface parking and exterior loading cannot be behind the buildings and screened from view, then the parking shall be located:

along the street with the least amount of commercial activity
along the street with the least amount of pedestrian activity if the lot is located along two or more commercial streets with equal amounts of commercial activity.

If surface parking and exterior loading areas are visible from the street Frontage, then a fence, wall or plantings shall be provided to maintain the street edge and Buffer views of parked cars:

In no case shall surface parking lots or exterior loading areas occupy more than one-third (1/3) of a lot’s Frontage along a pedestrian street or street segment.
Parking and exterior loading areas shall be Buffered from any adjacent Pedestrian Way by planting street trees and providing a six (6) feet wide landscaped area with a continuous row of two (2) feet high shrubs, or a fence or seating wall not less than two (2) feet and no more than 3 feet high. Shrubs shall be maintained at a height of two (2) to three (3) feet.

The Primary Front Façade of a Parking Structure visible from a public or private street or Pedestrian Way shall be pedestrian oriented and scaled. Building design shall be complementary to nearby active commercial facades, in terms of building materials and architectural pattern. Residential and/or useable commercial floor space shall occupy eighty percent (80%) of the Ground Floor façade.
Ground level parking beneath buildings shall be permitted provided 80% of the Primary Front Façade is pedestrian oriented and scaled, and shall be used for commercial and/or residential use.
Changing a non-residential use in an existing building to another use or uses permitted in the MUST does not require additional on-site parking provided that:

The existing structure will be a Mixed-Use building; and
The new use requires a maximum of fifteen (15) additional parking spaces above that required by the existing use; and
Any exterior changes to the building complies with the MUST development design standards.

Parking shall not be required for commercial or Mixed-Use buildings if the development complies with the MUST development design standards and the lot is less than three thousand (3,000) square feet with an improved road Frontage of thirty (30) feet or less.
Any façade of a Parking Structure that can be seen from a residential zoning district shall comply with the architectural design standards.
Off street surface parking shall not extend more than seventy feet (70) in width along any pedestrian street frontage without an outdoor café, landscaped garden or public plaza with seating.

Parking for Single Use Structures

Required parking for new and redeveloped structures within the MUST shall be calculated by using the Single Peak Hour Demand values noted in TABLE 1.

Parking for Mixed-Use Structures

Parking required for new and redeveloped Mixed-Use structures within the MUST shall be calculated by using the following process and the percentages provided in TABLE 1:

First, determine the number of parking spaces required for each individual use within the Mixed-Use structure by using the Single Use Peak Hour Demand values in TABLE 1. That number serves as the base for calculating the Percentages of Peak Demand for Key Times values.
Next, calculate the number of spaces needed for each use for each peak hour by multiplying the base number (the Single Use Peak Hour Demand value) by the percentage of Peak Demand for Key Times values.
Next, add the columns for each Peak Demand Time to determine the number of spaces required for the Mixed-Use structure for each peak hour.
The required number of parking spaces for the development is the highest total hour figure for the Mixed-Use development

If a minimum of fifty percent (50%) of the parking required by the parking table is below grade, the required parking for non-residential uses may be reduced by ten percent (10%) and required parking for residential uses may be reduced to one (1) space per unit.

Table 1: Required Parking

Land Use	Single Use Peak Hour Demand (spaces)	Percentage of Peak Demand for Key Times¹
		Weekdays					Saturday
		10am	1pm	5pm	8pm	10pm	10am	1pm	5pm	8pm	10pm
Retail	4/1000 sq.ft.	50	75	75	65	25	50	100	90	65	35
Office	4/1000 sq.ft.	100	90	50	5	5	15	15	5	0	0
Restaurant	8/1000 sq.ft.	20	70	70	100	95	5	45	60	100	95
Theatre	1/5 seats	0	60	60	85	85	0	70	70	100	100
Fitness Center	5/1000 sq.ft	10	80	100	30	10	60	80	60	30	10
Indoor Recreational Facility and other permitted uses	5/1000 sq. ft.	70	75	100	100	40	100	100	100	100	90
Motor vehicle Sales Agency	4/1000 sq. ft.	100	100	100	75	50	100	100	100	40	0
Hotel	1/room	45	30	60	90	100	40	30	60	90	100
Residential	1.5/units*	85	80	85	95	100	70	65	75	95	100
1. Source of peak demand percentages is the Urban Land Institute’s Shared Parking Standards. * Moderate-income dwelling units require ½ (.5) parking spaces/unit

Example: An existing commercial building is renovated according to the MUST design standards and now contains: 3,500 sq.ft. retail 1,500 sq.ft. restaurant and thirteen (13) residential units. The number of required parking spaces is 40. Calculations are shown in TABLE 2: [Amended 9-25-2006 by Ord. No. 3792]

TABLE 2: Mixed Use Building Example

Land Use	Single Use	Percentage of Peak Demand for Key Times¹
		Weekdays					Saturday
		10am	1pm	5pm	8pm	10pm	10am	1pm	5pm	8pm	10pm
3,500 sq.ft. retail	14	7	10.5	10.5	9.1	3.5	7	14	12.6	9.1	4.9
1,500 sq.ft restaurant	12	2.4	8.4	8.4	12	11.4	.6	5.4	7.2	12	12
13 market rate dwelling units	19.5	16.6	15.6	16.6	18.5	19.5	13.7	12.7	14.6	18.5	19.5
Totals	N/A	26	34.5	34.5	39.6	36.5	21.3	32.1	34.4	39.6	36.6

Off-Site Parking

Off-site parking is permitted in the MUST District, except for new and used automobile dealerships, subject to the regulations set forth below.
Shared parking. When land uses on adjacent lots within the MUST create Shared Parking areas with circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the Required Parking values listed in TABLE 1.

Documentation confirming the ownership and/or management arrangement shall be submitted to the Township prior to the Board of Commissioners approval of the Tentative Sketch Plan application and shall be subject to the Board’s approval. The agreement must demonstrate a permanent commitment for the use of the off-site Shared Parking.

Code required parking for Mixed-Use structures may be provided off-site, provided:

Off site parking must be within 900 feet of the Mixed-Use development using a pedestrian route continually accessible to the public, measured from lot line to lot line; and
Both the Mixed-Use development and the parking facility comply with the MUST Development Design Standards in Section 155-87.25.; and
Documentation that the private parking facility owner agrees to make the spaces available to the proposed off-site Mixed-Use development shall be submitted to the Township prior to the Board of Commissioner’s consideration of the Tentative Sketch Plan application. The off-site parking spaces may not be designated as required parking for some other use. The agreement must demonstrate a permanent commitment for the use of the off-site Shared Parking. [Amended 9-25-2006 by Ord. No. 3792]
If adequate on-site parking is not available, the parking requirements may be met by designating public parking spaces within nine hundred (900) feet of the proposed use. Each public parking space may only be counted once when this parking provision is utilized. A maximum of seventy five (75) parking spaces in public parking lots may be designated under this section for new buildings or buildings being expanded. If public parking spaces are designated for dwelling units, the parking required on the lot where the residential units are located shall not be reduced to less than one space per unit.

Code required parking for Single-Use structures may be provided off-site when:

The development lot is less than 8,000 square feet and improved street Frontage is less than 40 feet; and
Parking must be within nine-hundred (900) feet of the single-use development using a pedestrian route continually accessible to the public, measured from lot line to lot line; and
Both the Single-Use development and the parking facility comply with the MUST Development Design Standards in Section 155-87.25.; and
Documentation that the parking facility owner agrees to make the spaces available to the proposed off-site Single-Use development within the MUST shall be submitted prior to the Board of Commissioner’s approval of a Tentative Sketch Plan application. The off-site parking spaces may not be designated as required parking for some other use. The agreement must demonstrate a permanent commitment for the use of the off-site Shared Parking. [Amended 9-25-2006 by Ord. No. 3792]

On-Street Parking

Provided the new or rehabilitated building or buildings complies with the MUST Development Design Standards in Section 155-87.25, legal on-street parking along the lot’s street Frontage may be counted toward the development’s minimum parking requirements. Each such on-street public parking space may only be counted once.

Bicycle Parking

Convenient bicycle facilities shall be provided up to a maximum of twenty (20) spaces, as follows:

For Residential uses, there shall be one bicycle space or locker for each three dwelling units or portion thereof.
For Commercial uses, there shall be one bicycle space or locker for every twenty (20) automobile parking spaces or fraction thereof.
The Board of Commissioners, may, by conditional use, hold in reserve or reduce the number of required bicycle parking spaces if the applicant demonstrates that there are ample facilities available for use nearby.

To the greatest extent feasible, areas used for loading or trash receptacle purposes shall not be located adjacent to residential uses and residential zoning districts.

If these areas must be located adjacent to residential uses or zoning districts then they shall be screened from view. Noise, sound and odors associated with these uses shall not be discernable at the lot line.

§155-87.24. Density

Moderate income housing

The total number of residential units and/or the amount of commercial space may be increased when an application provides on-site housing opportunities for a mix of household incomes, including both market-rate housing and housing that is affordable to moderate-income households, and provides that such units shall be so maintained by a covenant running with the land. Price and income guidelines for moderate-income households shall be as defined by the Pennsylvania Housing Finance Agency (PHFA) Keystone Home Loan Program income guidelines in effect at time of application. Developers and subsequent transferees of moderate-income units shall provide documentation showing compliance with these family incomes and rental/purchase price limits. The amount of the density increase shall be noted on the plan and recorded in the deed. The bonus shall be calculated as follows:

Moderate-income dwelling units created as part of a qualified MUST development require ½ (.5) parking space per unit rather than the 1.5 spaces per unit required for market-rate housing.
Building area may be increased to 85% and impervious surface may be increased to 90% for single-use developments complying with Section 155-87.25, Development Design Standards, provided housing for a mix of household incomes is provided. To qualify for the increase, the new building must be three (3) stories or higher and at least 10% of the dwellings units, but no less than two (2) units, shall be affordable to moderate-income families.
Any additional residential units created under the provisions of this sub-section are not required to be included in the minimum parking calculations, provided that no less than one residential parking space per unit is constructed.

Public Gathering Space

If an applicant offers to provide and maintain Public Gathering Space on the lot, the Board of Commissioners may authorize a density bonus by conditional use upon finding that the Space provides a public benefit. Public Gathering Space may include ornamental fountains, stairways, waterfalls, sculptures, arbors, trellises, planted beds, drinking fountains, clock pedestals, public telephones, awnings, canopies and similar structures. The Township’s Land Development Committee and the Planning Commission shall provide recommendations. The amount of bonus shall be noted on the plan and recorded in the deed. The bonus shall be calculated as follows:

If a minimum of 500 square feet of Public Gathering Space is provided and maintained by the lot owner, the building area may be increased to 85% and impervious surface may be increased to 90% for single-use developments complying with Section 155-87.25, Development Design Standards.
Any additional residential units and/or commercial space created under the provisions of this sub-section are not required to be included in the minimum parking calculations, provided that no less than one (1) residential parking space per unit is provided on the lot.

The Public Gathering Space shall be located where it is visible and accessible from either a public sidewalk or pedestrian connection.
Between 25% and 30% of the Public Gathering Space shall be landscaped with trees, shrubs, and mixed plantings with year round interest.
The hard surfaced section of the floor of the Space shall be paving materials, including unit pavers, paving stones, or concrete. No more than 20% of the plaza shall be concrete.
One (1) seating space shall be provided for each thirty (30) square feet of the Public Gathering Space.
The Public Gathering Space shall not be used for parking, loading, or vehicular access.
Public art and fountains are encouraged.

§155-87.25. Development Design Standards

Purpose

The purpose of this section is to require pedestrian oriented buildings and to require building entrances to be oriented toward the streets, sidewalks and/or public access ways. Windows must facilitate views into and out of buildings. Requirements for orientation and primary entrances are intended to:

Provide for convenient, direct and accessible pedestrian access to and from public sidewalks, transit facilities, residential and commercial users;
Provide a safe, pleasant and enjoyable pedestrian experience by connecting activities between buildings in the MUST and within a structure to the adjacent sidewalk and/or transit stop; and
Promote use of pedestrian and mass transit modes of transportation to access residential and commercial facilities.

New and renovated buildings may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, respecting the scale, proportion, character and materials of structures within a five hundred (500) foot radius.
The preservation and rehabilitation of existing buildings and structures is strongly encouraged in order to create diversity of development, accent pedestrian-scale activity, and to preserve the character of Lower Merion’s existing commercial districts in the vicinity of the train stations.

Building Orientation and Primary Entrance

General Standards.

All new and rehabilitated buildings shall comply with the following standards:

Buildings shall be designed with window space, public access points and signage facing the street and sidewalk.
The façade treatment of walls facing residential uses or residential zoning districts shall be similar to the Primary Front Façade along the Pedestrian Oriented Street.
All buildings shall provide Clear Windows along the Ground Floor of the Primary Front Facades.

Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances or merchandise display windows.

Primary building entrances shall be articulated and visible from the street.

Building entrances shall incorporate Arcades, roofs, porches, alcoves and awnings that protect pedestrians from the sun and rain.
If the building has Frontage on more than one street, the building shall provide primary entrances oriented toward both streets, or a single entrance on the corner where the two streets intersect.

To the greatest extent feasible, if a single lot is redeveloped, any new vehicular access point shall be located on a side lot line and shared with adjacent lots. (See Section 155-87.25 (C))
Driveways, parking areas and traffic circulation patterns shall be designed as shared facilities whenever feasible. The design of these elements shall create a unified site plan between the lots. The goal is to gain parking efficiencies, reduce the number of access points and improve internal and external vehicular circulation patterns.
When one or more lot(s) is redeveloped such that one-hundred and fifty (150) feet or more of new building façade is constructed along the Primary Front Facade, an Accessway shall be provided (i.e. through a lobby or alley) to reach available Shared Parking facilities.

Architectural Design Standards

The architectural design standards have been incorporated into this district to ensure that the size and proportions of new buildings relate to the scale of the existing structures, especially at the street level. The first three (3) stories of new buildings must relate to the street level heights of existing buildings. The architectural features of the vertical and horizontal façade character of new buildings must relate to adjacent structures (especially at the street level). The setback of the new buildings must relate to the setback established by the surrounding existing buildings.
Buildings

If the subject property is listed on the Lower Merion Township Historic Inventory or within a local and/or national historic district, the new construction and any changes to the exterior of the building that can be seen from a public way shall reflect and be an example of the character of that building and district in compliance with Chapter 88 of the Lower Merion Code and the Secretary of the Interior Standards for Rehabilitation.
All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, Arcade or other visual device.
The massing of all buildings shall be de-emphasized in a variety of ways, including the use of projecting and recessed elements such as porches, windows, and roof dormers, to reduce their apparent overall bulk and volume, to enhance visual quality and contribute to human-scale development. Such breaks in the facades and roof lines shall occur not more frequently than the width of two historic shop fronts (generally about 25 feet each) nor less frequently than 100 feet.
The Ground Floor of the Primary Front Façade shall contain an average of 65% to 70% Clear Windows and doors. Smoked, reflective, tinted or black glass in windows is prohibited.
Any walls with less than 25% of Clear Windows shall be articulated by two or more of the following: [Amended 9-25-2006 by Ord. No. 3792]

details in masonry courses;
the provision of blank window openings trimmed with frames, sills and lintels;
if the building is occupied by a commercial use, recessed or projecting display window cases.

The Ground Floor design shall be based upon historic examples in the district, with commercial uses having large, Clear Window displays.

The maximum sill height above the adjacent sidewalk elevation shall be two feet or lower;
Window heads shall be nine (9) to twelve (12) feet above sidewalk level;
The top of the display window shall be at least as high as door height.

Second Story and above of Primary Front Facades, shall contain a minimum of 50% of the horizontal width of the facade as Clear Windows.

Clear Window openings shall be vertical, at least twice as high as the width of those openings.
To the extent possible, individual window units in the upper stories shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.

Buildings shall be topped with either pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Pitched roofs shall have a minimum slope of 4:12.
Pitched roof material may include slate (either natural or manmade), shingle (either wood or asphalt composition) and metal formed to resemble “standing seams” or other similar materials. Specifically prohibited are white, tan or blue shingles and corrugated plastic or metal. Fascias, dormers and gables or similar architectural features shall be employed to provide visual interest. All gables shall be functional. [Amended 9-25-2006 by Ord. No. 3792]
Exterior wall materials may include stucco, wood clapboard (including aluminum imitation clapboard siding) native stone, or brick of a shape, color and texture as that found within the adjacent district. Specifically prohibited shall be white, tan or any type of painted brick or T-111 or other similar plywood siding, or exterior insulation and finishing system (EIFS). Except on side or rear walls, not visible from any public way, all forms of concrete block shall be prohibited. Metal buildings shall be prohibited. The Board of Commissioners may approve a prohibited material if it can be demonstrated that the material can be installed to have the same appearance and texture as any of the approved materials. Stucco or artificial materials, except fire clay products such as brick, shall not occupy more than 50% of the building façade unless the Board of Commissioners makes a specific finding that more than 50% is appropriate, and similar to the architectural features on other similar buildings in the district.
All roof-top mechanical equipment, including antennas, shall be screened visually and acoustically. Such screening shall be an integral to the architectural design of the building.
Grade level exterior doors that swing onto a public walkway that is less than six (6) foot wide, shall be set into the building to avoid conflict with pedestrians. Doors swinging out that do not project into a required public walkway shall include a barrier to prohibit doors from swinging into pedestrians.

The Board of Commissioners may, by conditional use, approve the use of architectural concepts and designs which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and of this subsection.
Public walkways shall:

Be constructed of brick, concrete pavers, stamped colored concrete or integral colored concrete with brick borders.
Have a minimum unobstructed width of eight feet. Where an existing building is being preserved with an existing public sidewalk that is less than eight feet wide, the existing sidewalk width must be maintained. The unobstructed width of an existing public sidewalk may be reduced to four (4') feet to accommodate the installation of street trees when shown on the approved development plan. [Amended 5-20-2009 by Ord. No. 3881]

The minimum unobstructed width for public sidewalks used for outdoor dining in front of a building that exists as of the effective date of this ordinance may be reduced to six (6') feet. The reduced width must remain completely unobstructed to permit the free passage of pedestrians.

Create a completely linked network of walkways connecting transit stops, commercial centers, institutional facilities and residential uses including parks and other open space areas.
Not be used for exterior storage.
Permitted outdoor seating for food and drink establishments and pedestrian-oriented accessory uses, such as sales display for flowers, small shops, and food or drink stands are permitted, provided the minimum unobstructed walkway is maintained.

Signage

The sign regulations applicable to the underlying zoning district shall be applied in the MUST district. If these provisions are in conflict, the sign provisions in the MUST district shall apply.
Pedestrian Scale signage, which may include projecting signs or wall signs:

No portions of a projecting sign or its supports are to be higher than twelve (12) inches below the bottom of second Story windows.
The maximum sign area of any projecting sign that projects more than twelve (12) inches from the building wall is five (5) square feet.
Projecting signs on a single lot shall not be placed within fifty (50) feet of each other. There shall be no more than one (1) projecting sign per storefront.
A clear space of not less than eight (8) feet shall be provided below all parts of a projecting sign.
Be affixed to a building facade, canopy or Arcade and shall not obstruct upper Story windows or openings in any way.
Projecting and wall signs shall not be internally illuminated.
Projecting signs shall not project more than five (5) feet from the building and shall not project closer than three (3) feet to the curb line.

Freestanding signage:

No more than one freestanding sign shall be permitted for each lot’s street Frontage.
Freestanding signs shall not be internally illuminated.
The maximum height of a freestanding sign shall be six (6) feet above grade.

General Standards for all signs:

The total sign area for a lot shall be a maximum of ½ square foot of signage for each lineal foot of building Frontage.
No single sign shall exceed a maximum of forty (40) square feet.
Have applied, carved or painted letters no larger than twelve (12) inches in height for signs located thirty (30) or less feet above grade; eighteen (18) inches in height for signs located thirty (30) to sixty (60) feet above grade and twenty-four (24) inches in height for signs located sixty (60) or more feet above grade.
Extend no closer than one-half (½) the vertical height of the letters employed to the vertical edge of a building corner, or to the fascia, roofline or parapet, whichever is lower.
Signs shall be constructed only from wood, metal, stone or other similar material with dark background colors and light colored lettering. The Board of Commissioners may approve an alternative material if it can be demonstrated that the material will have the same appearance and texture as any of the approved materials.
If signs are illuminated, only external lighting mounted above the sign shall be permitted, except as set forth in this section. External lighting shall be shielded from adjacent properties by the use of either cutoff or full cutoff luminaires, or the use of external shields if necessary.
Non-flashing neon or LED signs may be used inside windows, provided the sign area occupies no more than 15% of the window where they are displayed.
Only traditional canvas awnings without interior illumination shall be permitted.

All signs within the MUST district shall be complementary in their use of color, shape, similar themes or logos.
Signage shall not reduce Visual Permeability of street facing windows to less than the minimum Clear Window requirement.
Portable signs are prohibited.
Wall signs may project up to ten (10) inches maximum and may not exceed forty (40) square feet.
Temporary window graphics shall not exceed 10% of the Clear Window surface, provided the minimum Clear Window requirement is met.
Permanent window graphics shall not exceed 30% of the Clear Window surface, provided the minimum Clear Window requirement is met.
Awnings and Canopies

Awnings and canopies shall be made of fire resistant canvas and may not be backlit.
The furthest extension of a Ground Floor awning and/or canopy shall be no less than three (3) feet and no more than seven (7) feet. The furthest edge of the awning maybe no closer than twenty-four (24) inches to the curb and may cover no more than two-thirds (?) of the sidewalk width.
Ground floor awnings and canopies shall terminate no less than eighteen (18) inches below the second floor windowsills.
Ground floor awning and canopy height shall not exceed fifteen (15) feet above pavement and shall be below the cornice or frieze.
All Ground Floor awnings and/or canopies shall be retractable. The minimum height from the bottom of the frame and valance to the sidewalk is seven (7) feet.
Fixed awnings may be used above the first Story provided they project no more than four (4) feet maximum.
Side flaps on awnings are encouraged.
Business logos or emblems are permitted on the top or angled portion of the awning up to a maximum of three (3) square feet. No more than one (1) emblem or logo is permitted on an awning.
Any awning that projects into a street right of way must be retractable, or the applicant must enter into an agreement with the Township (or the government entity having jurisdiction) to remove the awning if the entity having jurisdiction requires access to the right of way for maintenance, repairs and any other purpose.

Street/Shade Trees

Street trees shall be planted by the developer along all public rights-of-way in compliance with Chapters 101 and 128 of the Lower Merion Code. In locations where healthy and mature trees exist that comply with the street tree requirements, additional plantings are not required.
Street trees shall be at least two and one-half (2½) to three (3) inches in diameter, measured at chest height, when planted and shall be spaced at intervals no greater than forty (40) feet along the public/pedestrian right of way.
Mature street trees shall be limbed up from the sidewalk to six (6) feet to enhance pedestrian safety.
The lot owner shall have the responsibility to replace any street trees on or in front of their lot that die.
Trees located under utility lines shall not be of a species that is expected to grow into the utility lines.
Tree species are to be selected according to the following criteria:

Cast moderate to dense shade in the summer;
Survive more than sixty (60) years;
Mature height of at least fifty (50) feet, unless beneath utility lines.
Street trees shall be deciduous, branching above six (6) feet to facilitate viewing storefront and signage;
Tolerant of pollution and direct or reflected heat;
Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant;
Be able to survive two (2) years with no irrigation after establishment; and
Be of native origin, provided they meet the above criteria.

Street trees shall be planted in Township approved tree grates, or in planter areas at least four (4) feet long by four (4) feet wide.

ARTICLE XVIII
M Manufacturing and Industrial Districts

§ 155-88. Applicability.

In M Manufacturing and Industrial Districts the regulations of this article shall apply.

§ 155-89. Use regulations.

A building or combination of two or more buildings may be erected or used and a lot may be used or occupied for any lawful purpose, except for the purposes specified in Subsection B, and subject to the regulations set forth below [Amended 9-20-1989 by Ord. No. 3162; amended 5-5-2008 by Ord. No. 3849]
Prohibited uses. The following uses are hereby prohibited:
Abattoirs, poultry killing establishment
Acetylene gas manufacture
Acid manufacture
Ammonia, bleaching powder or chlorine manufacture
Arsenal
Asphalt manufacture or refining
Automobile junkyard or wrecking yard
Candle manufacture
Celluloid manufacture
Coke ovens
Creosote treatment or manufacture
Disinfectants manufacture
Distillation of bones, coal or wood
Dyestuff manufacture
Emery cloth and sandpaper manufacture
Extermination and insect poison manufacture
Fat rendering
Fertilizer manufacture
Fireworks or explosive manufacture or storage
Fish smoking and curing
Glue, size or gelatin manufacture
Lampblack manufacture
Match manufacture
Oilcloth or linoleum manufacture
Oiled or rubber goods manufacture
Ore reduction
Paint, oil, shellac, turpentine or varnish manufacture
Petroleum refining or storage
Plating works
Potash works
Printing ink manufacture
Pyroxylin manufacture
Rubber, caoutchouc or gutta-percha manufacture or treatment
Saltworks
Sauerkraut manufacture
Shoeblacking manufacture
Smelters
Soap manufacture
Soda and compound manufacture
Stockyards
Stove polish manufacture
Sulfuric, nitric or hydrochloric acid manufacture
Tallow, grease or lard manufacture or refining
Tanning, curing or storage of leather, rawhides or skins
Tar distillation or manufacture
Tar roofing or waterproofing manufacture
Vinegar manufacture
Wool pulling or scouring
Yeast plant
Any use which may be so noxious or offensive by reason of the emission of odor, dust, fumes, smoke, gas, vibration or noise as to constitute a nuisance.
A Single or two family dwelling may be erected on a lot. Such uses shall comply with the area and width regulations set forth in Article VI, § 155-20 [Added 5-5-2008 by Ord. No. 3849]
A lot may be used for a Townhouse, apartment house, or apartment hotel development by conditional use, subject to the requirements set forth in § 155-90.1. [Added 5-5-2008 by Ord. No. 3849]
A lot may be used for a Farmers' Market, subject to the requirements set forth in §155-71(W). [Added 4-8-2010 by Ord. No. 3907]

§ 155-90. Manufacturing and industrial buildings.

For any manufacturing and industrial buildings, the following requirements shall apply:

Area regulations.
1. Building area. The building area shall not exceed 70% of the lot area.
2. Front yard. For a corner lot which is immediately contiguous to a residence district, there shall be a front yard at least equal in depth to the required front yard in such residence district.
3. Side yard. For a lot which is immediately contiguous to a residence district, there shall be a side yard at least equal in width to the side yard required in such residence district.
4. Rear yard. There shall be a rear yard, the depth of which shall be at least 15 feet, provided that the depth of the rear yard when not immediately contiguous to a residence district may be decreased when authorized as a special exception.
5. Buffer area. Where an M Manufacturing and Industrial District abuts a residence district, there shall be a buffer area along the district boundary line within the M Manufacturing and Industrial District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the side line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a special exception. [Added 3-9-1975 by Ord. No. 1736; amended 3-15-2000 by Ord. No. 3563]
6. Impervious surfaces. Not more than 80% of the area of each lot may be covered with impervious surfaces. [Added 10-17-1990 by Ord. No. 3208]
7. Building setback. All buildings shall maintain a minimum 50 foot setback from any building designated as Class I or Class II on the Township’s Historic Resource Inventory. [Added 5-5-2008 by Ord. No. 3849]
Height regulations. The height of any building specified under this section shall not exceed 65 feet and shall conform to the provisions of § 155-137 hereof for buildings in excess of 35 feet in height.

§155-90.1 Regulations for Townhouses, Apartment Houses, and Apartment Hotels. [Added 5-5-2008 by Ord No. 3849]

A Townhouse, Apartment House and/or Apartment Hotel development is permitted on a lot subject to the following requirements.

Floodplain District.

If any portion of a lot is in a Floodplain District, permission to develop within the floodway fringe of the Schuylkill River shall be permitted by conditional use, rather than special exception, subject nevertheless to compliance with the provisions of Article XXVII, § 155-160.

Frontage Requirements.
1. The lot must have at least 200 feet of frontage along the Schuylkill River.
2. The lot must have a width of not less than 20 feet on each abutting street at the street line.
Dimensional Requirements
1. Permitted Density
  1. Townhouses. A lot area of not less than 2500 square feet per dwelling unit shall be provided for each lot on which a townhouse building or buildings are erected. This may be modified to a lot area of not less than 1500 square feet per dwelling unit when a development complies with the requirements of § 155-90.1 (E).
  2. Apartment Houses and Apartment Hotels. A lot area of not less than 2000 square feet per dwelling unit shall be used to determine the total number of dwelling units permitted on a property. This may be modified to a lot area of not less than 1,000 square feet per dwelling unit when a development complies with the requirements of § 155-90.1.(E).
  3. If a combination of Townhouse, Apartment House and/or Apartment Hotel uses are proposed, the density shall be calculated in the following manner. A portion of the lot area shall be allocated to each dwelling type. The permitted number of units shall be determined by dividing its allocated lot area by the required lot area for each type of use.
2. Lot Area. A minimum lot area of 3 acres shall be provided.
3. Building area. Not more than 50% of the area of each lot may be occupied by buildings. Building area may be increased up to 70% of the area of each lot if the additional building area is covered with a Green Roof and if the development complies with the requirements of § 155-90.1 E. Green roofs may include impervious walking paths or plaza areas covering a maximum of 10% of the green roof area.
4. Perimeter setbacks. Buildings shall be setback a minimum of 10’ from all property lines, except as provided below:
  1. Where a lot abuts the Schuylkill River, buildings shall be setback a minimum of 50’ from the top of the retaining wall abutting the edge of the river as it exists as of (the effective date of this ordinance). If the wall ends or is interrupted at any point, the measurement shall be taken from the linear extension of the wall equidistant from the river’s edge. Parking and driveways shall be prohibited in the 50’ setback unless they comply with Section b below.
  2. Parking and driveways shall be prohibited in the 50’ setback, except, however, driveways shall be permitted up to 25 feet into the 50’ setback if public trail parking is provided and the following requirements are complied with:
    1. The driveway shall have a maximum width of 20’ or such greater width as may be required by the Fire Marshal for emergency vehicle access. All parking and driveway areas shall be separated from a trail by a minimum of 10’.
    2. The area between the public parking spaces/driveway and the trail shall be planted with a border combining low shrubs, a sitting wall (maintained at a height of two to three feet), and shade trees that comply with the Chapter 101-9 planting standards, planted every 30 feet.
    3. Pedestrian openings in the border for access to the trail shall be directly across from every primary building entrance and adjacent to the trail parking spaces, but no less than every 200 feet. The Board of Commissioners may establish alternative trail access requirements if it can be demonstrated during the conditional use hearing that trail access every 200 feet is either not adequate or unnecessary for the public’s convenience.
    4. If pedestrian access to the trail crosses a driveway, cross walks with traffic calming measures shall be installed across the driveway at each pedestrian opening, as directed by the Township.
5. Buffer area. Where an M Manufacturing District abuts a residential use in a residential zoning district, there shall be a buffer area along the district boundary line within the M District, the depth of which shall be at least 25 feet measured from the district boundary line.
6. Impervious surfaces.
  1. Not more than 60% of the area of each lot may be covered with impervious surfaces. Impervious surface may be increased to 70% of the lot area subject to the following:
  2. Provided the land development plan complies with Section 155-90.1 (E), the following improvements shall not be counted against the maximum impervious surface limits:
    1. The multi purpose trail constructed within the river easement area and the public trail parking
    2. Plazas areas required by § 155-90.1 D (3) (b).
    3. Paved emergency access roads/driveways required by Lower Merion Township.
    4. The public gathering space authorized under Section 155-90.1 (E).
7. Height regulations.
  1. Townhouses. The height of any townhouse shall not exceed 43 feet.
  2. Apartment Houses and Apartment Hotels. The height of any apartment building shall not exceed (70) feet. Provided a trail for the use of the public is constructed by the developer within the river easement area this height limit may be increased to a maximum of 120 feet, subject to the following:
    1. An additional 2 feet of building height is permitted for every trail parking space; or alternatively
    2. An additional 2 feet of building height is permitted for every 100 square feet of additional plaza/courtyard provided outside and adjacent to the river easement area.
  3. The provisions of § 155-137 hereof shall not apply to new and redeveloped structures authorized under this § 155-90.1.
8. Building length or depth.
  1. Townhouses. The greatest dimension in length or depth of a townhouse building shall not exceed 150 feet without a change in building plane of at least 4 feet.
  2. partment houses and apartment hotels. The greatest dimension in length or depth of an apartment house or apartment hotel shall not exceed 160 feet without a change in building plane of at least 4 feet.
9. Townhouse, apartment houses and apartment hotel garage. If detached garages are built, each garage shall be entirely separated from the principal building and be located a minimum of 10 feet farther back from the rearmost portion of each principal building. The maximum building length of detached garages shall be 100’. Detached garages shall be separated by a minimum 20 feet.
10. Parking shall be required as listed below. Parking for any use not specifically covered below shall comply with Article XX, Off Street Parking Facilities.
11. Developments shall comply with the common open space and facility ownership and maintenance standards set forth at § 155-148.
12. All buildings shall maintain a minimum 50 foot setback from any building designated as Class I or Class II on the Township’s Historic Resource Inventory.
Design and Open Space Standards

All proposed townhouse, apartment house, and apartment hotel developments shall meet the following design and open space standards:

A 22 foot wide public easement area together with access thereto shall be dedicated along the Schuylkill River, measured away from the river starting at the top of the retaining wall abutting the edge of the river as it exists as of (the effective date of this ordinance).
The 22 foot easement may be reduced to a width less than 22 feet, subject to conditional use approval, when any of the following existing conditions apply. In no case shall the easement width be less than 10 feet.
1. When this provision is applied to lots where existing required parking is to remain, and the removal of the parking spaces would result in a violation of the zoning code; and
2. The parking spaces within the easement area can not be relocated to another area on the property; and
3. When this provision is applied to a lot with existing buildings to remain on the lot within the easement area, the easement may be reduced to the extent necessary to accommodate existing improvements. If the easement is below 10 feet in width, it must be established at another location on the lot to ensure the easement area connects to the easement on adjacent properties.
The development shall include open courtyards or plazas for use by residents within the development. These areas shall meet the following requirements
1. At least one plaza/courtyard shall abut the easement area and be oriented towards the river.
2. The total plaza/courtyard areas provided shall be a minimum of 3% of the lot area but in no case shall it be less than 5,000 square feet.
3. If several smaller spaces are created no one plaza/courtyard shall be less than 300 square feet.
4. Courtyards and plaza areas shall be open air plazas and may not be enclosed.
5. The individual plaza/courtyards shall include usable and easily accessible landscaping and hardscaping improvements, subject to the following:
6. Between 25% and 30% of the plaza/courtyard shall be landscaped with trees, shrubs, and mixed plantings with year round interest.
7. The hard surfaced section of the floor shall be paving materials, such as unit pavers, paving stones, or concrete. No more than 20% of the plaza shall be concrete.
8. Seating space shall be provided in each Plaza area as follows:
9. One seating space for every 50 square feet of plaza/courtyard area up to 600 square feet.
10. One seating space for every 200 square feet of plaza/courtyard above 600 square feet up to a maximum of 40 seats.
11. The area shall not be used for parking, loading, or vehicular access.
12. Public art and fountains are encouraged.
Building/Architectural design standards.

These architectural design standards are intended to ensure that the size and proportions of new buildings are appropriate for the space and relate to the river front.

All new buildings shall articulate the line between the lowest occupied floor level and upper levels with a cornice, canopy, balcony, arcade or other visual device.
The massing of all Buildings shall be de-emphasized in a variety of ways, including the use of projecting and recessed elements such as porches/balconies, windows, and roof dormers, to reduce their apparent overall bulk and volume, to enhance visual quality from public viewsheds and contribute to human-scale development. The viewshed from the river shall be considered a public way.
Buildings shall be topped with either pitched roofs with overhanging eaves or flat roofs with parapets and cornices.
1. Pitched roofs shall have a minimum slope of 4:12.
2. Pitched roof material may include slate (either natural or manmade), shingle (either wood or asphalt composition) and metal formed to resemble “standing seams” or other similar materials.
3. Fascias, dormers and gables or similar architectural features shall be employed on buildings with pitched roofs to provide visual interest. All gables shall be functional.
Trash/refuse dumpsters shall be located within a building or enclosed within a structure that is consistent in terms of colors and materials with the architecture and design of the primary building(s).
Exterior wall materials may include stucco, wood, wood clapboard, native stone, architectural concrete block or polished block, or brick of a shape, color and texture as residential buildings in the vicinity. The exterior wall material list does not address window openings, which shall be permitted but a glass wall façade shall only be permitted under section (g) below.
1. Specifically prohibited shall be any type of painted brick, T-111 or other similar plywood siding, and all-metal buildings. Exterior insulation and finishing system (EIFS) is prohibited unless authorized by the Board of Commissioners under Section (g) below.
2. Unless authorized under Section g below, all forms of conventional unfinished concrete block shall be prohibited, except on walls not visible from any public way. The view shed from the river shall be considered a public way.
All roof-top mechanical equipment, including antennas, shall be screened on all sides visually. Such screening shall be integral to the architectural design of the building.
The Board of Commissioners may approve the use of architectural concepts, designs and materials which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and of this subsection.

Townhouses, apartment houses, and apartment hotels using the density modification allowed in section 150-90.1.C 1 through 3 must meet all of the following additional design and open space requirements:
1. The easement area required by section 150-90.1.D (1) (a) shall be increased from 22’ to 30’.
2. At least 1% of the total proposed building area, but no less than 5,000 square feet, is provided as a retail sales, restaurant, office space and/or fitness center use, with this use open to the general public and easily accessible from a public way. In lieu of the required commercial space, Public Gathering Space may be provided as follows:
  1. A minimum of 7,500 square feet of Public Gathering Space shall be provided. Where adjacent properties have Public Gathering Space, the Public Gathering Space shall be joined to create a larger common public gathering area.
  2. The Public Gathering Space shall have a direct connection to the trail easement where it is visible and accessible from either a public sidewalk or pedestrian connection.
  3. A minimum of 25% of the Public Gathering Space shall be landscaped with trees, shrubs, and mixed plantings with year round interest.
  4. The hard surfaced section of the floor of the Space shall be paving materials, including unit pavers, paving stones, or stamped concrete. No more than 50% of the plaza shall be concrete.
  5. One (1) seating space shall be provided for each one hundred (100) square feet of the Public Gathering Space.
  6. The Public Gathering Space shall not be used for parking, loading, or vehicular access.
  7. Public art and fountains are encouraged. If public art or fountains are installed, required seating space may be reduced to one seat per two hundred square feet of Public Gathering Space.
3. A public multi-purpose trail shall be built along the full length of the Schuylkill River easement area. This trail shall be at least 10’ feet wide with two, 2’ wide shoulders, shall be paved with asphalt a minimum of 2 ½ ” thick with a minimum 4” aggregate sub base, have a maximum longitudinal slope of 3% and a maximum cross slope of 2%. * The trail shall connect with existing or proposed trails on abutting properties. In the event that no trail is existing or proposed on abutting properties, then the trail location shall accommodate a potential trail on the abutting properties.
4. A trail head parking area with a minimum of 8 parking spaces shall be constructed, unless the parking in the development is clearly available to the public using the trail. Parking spaces available to the public shall be easily accessible from a public roadway and be in close proximity to the trail.

§155-90.2 Regulations for other buildings. [Added 5-5-2008 by Ord No. 3849]

Buildings with uses other than those regulated under §155-90 and 90.1 shall comply with the requirements set forth in Article XVI, subject to the following additional standards.

All buildings must be set back 50 feet from the top of the retaining wall abutting the edge of the Schuylkill River as it exists as of April 30, 2008, If the wall ends or is interrupted at any point, the measurement shall be taken from the linear extension of the wall equidistant from the river’s edge.
Parking spaces and driveways must be setback 30 feet from the retaining wall described in section A above.
All buildings shall maintain a minimum 50 foot setback from any building designated as Class I or Class II on the Township’s Historic Resource Inventory.
The maximum building height shall be 120 feet.
A Mixed Use Building may be developed subject to compliance with the following bulk and area requirements:
1. The frontage, lot area, building area, perimeter setbacks, buffer area, impervious surface, height regulations, design and open space standards, building/architectural design standards under § 155-90.1, and
2. The density modification standards under § 155-90.1 (E); and
3. The parking and loading standards under Section 155-203.
4. Mixed use building development shall also comply with the provisions of § 155-90.1 (E) (1) (3) and (4) above

ARTICLE XIX
Signs
[Amended 3-20-1985 by Ord. No. 2068; 10-16-1991 by Ord. No. 3257]

§ 155-91. Legislative intent.

It is the intent of this article to regulate all exterior signs within the township to ensure that they are appropriate for their respective principal uses and in keeping with the appearance of the affected property and surrounding environment and to protect the public, health, safety, morals and general welfare. In addition, the intent of this article is to:

Encourage good design in the context of the overall image and visual environment of the township.
Enhance the appearance of the business community.
Ensure that signs are adequate, but not excessive, for the intended purpose of identification or advertisement.
Prohibit the erection of signs in such numbers, sizes, designs and locations as may create a hazard to pedestrians and motorists.
Avoid excessive competition for large or multiple signs so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness and confusion.
Allow for the coordination of signs to reflect the character of the architecture, landscape and visual themes which the township is supporting.
Encourage nonconforming signs to be brought into compliance with this article.

§ 155-92. Definitions.

As used in this article, the following terms shall have the meanings indicated, unless otherwise expressly stated:

[Amended 1-20-2010 by Ord. No. 3901]

ARTISAN SIGN --: Signs of workmen performing services at or alterations to a building which must be removed upon the completion of the work.
AWNING or CANOPY SIGN --: Any sign painted on or applied to a structure made of cloth, canvas, metal or similar material which is affixed to a building and projects therefrom. Such signs may be fixed or equipped with a mechanism for raising and holding the awning in a retracted position against the building.
BANNER --: A sign consisting of lightweight, flexible material which is supported by a frame, rope, wire or other anchoring device which may or may not include copy, logo or graphic symbols.
BILLBOARD --: A sign which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located or which calls public attention to a candidate, cause or public issue and which may be either freestanding or mounted upon the roof of a building. [Added 4-15-1992 by Ord. No. 3281]
BOX SIGN --: A sign fastened to a wall, constructed as a box with enough internal depth to accommodate internal lighting. [Added 3-15-2000 by Ord. No. 3561]
BUILDING FRONTAGE --: Linear footage of front facade of a building.
BULLETIN BOARD --: A sign of permanent character, including a freestanding sign, but with movable letters, words, logos or numerals indicating the names of persons associated with or events, products or services offered upon the same premises on which the sign is located.
BUSINESS SIGN --: A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises on which the sign is located.
CHANGEABLE COPY --: Copy containing or displaying letters, numbers or graphics which is designed to be readily changed, such as for a theater, marquee, gas station or similar use.
CHANNEL LETTER SIGN --: A sign consisting of three-dimensional letters having height, width and depth, individually applied to a wall, each letter of which may or may not be internally illuminated. [Added 3-15-2000 by Ord. No. 3561]
CIVIC EVENT SIGN --: A sign, other than a commercial sign, posted at the site of the event to promote and advertise an activity sponsored by the township school district, a church, public agency, civic association or other similar noncommercial organization.
DEVELOPMENT SIGN --: A sign indicating that the premises on which the sign is located is in the process of subdivision or land development for residential and/or nonresidential uses.
DIRECTIONAL SIGN --: A sign conveying instructions with respect to the premises on which it is located, such as the entrance and exit of a parking area.
DOUBLE-FACED SIGN --: A freestanding sign with two identical faces which are back-to-back.
ERECT --: To build, construct, attach, hand, place, suspend or affix, including the painting of wall signs, window signs or other graphics.
FLAG --: A piece of fabric or other material of distinctive design that is used as the symbol of a nation, state, city, agency or corporation and which is usually displayed hanging free from a staff or halyard.
FREESTANDING SIGN --: A sign, whether single- or double-faced, and supporting structure which is secured in the ground and independent of any building, fence or other support.
GOVERNMENTAL SIGN --: Any sign for the control of traffic or for identification purposes, including a street, warning, railroad danger or construction sign, erected by or at the order of a public agency officer, employee or agent thereof in the discharge of official duties.
HOME OCCUPATION SIGN --: Signs which designate home occupations as permitted by § 155-11.
IDENTIFICATION SIGN --: A freestanding or wall sign, other than a bulletin board, indicating the name of a permitted use, the name or address of a building or the name of the management thereof.
ILLUMINATED SIGN --: A nonflashing or nontwinkling sign which has letters, figures, designs or outlines illuminated by a lighting source as a part of the sign.
INTERIOR SIGN --: Any sign located fully within the interior of any structure which is intended solely for information relating to the operation of any activity involving such structure.
LETTER HEIGHT --: The height of a letter from its bottom to its top, including any shadow lines which are constructed as part of the sign.
MARQUEE SIGN --: Any sign attached to a marquee. A "marquee" is defined as a permanent roof-like structure, supported by a wall of a structure but having no relationship to the roof structure, generally designed and constructed for protection against weather.
MEMORIAL SIGN --: A memorial plaque or tablet, including gravemarkers or other remembrances of persons or events, which is not for commercial or advertising purposes.
NAMEPLATE SIGN --: A wall sign which designates the name and address of an occupant or group of occupants within any one building.
NONCONFORMING SIGN --: Any sign which has a valid permit and was erected prior to the effective date of this or any subsequent amendment hereto to the provisions of which such sign does not conform.
PERSONAL INTEREST SIGN --: Any non-commercial announcement, declaration, demonstration, personal expression or insignia not in excess of 12 square feet.
PORTABLE SIGN --: Any temporary sign designated to be transported or moved, including but not limited to signs designated to be transported by wheels to A-frames or menu and sandwich boards.
PROJECTING SIGN --: A sign which is attached directly to any building wall and which extends more than 12 inches from the face of the wall.
PUBLIC SERVICE SIGN --: A sign posted at a site to promote and advertise a service sponsored by the township, school district, church, public agency, civic association or other nonprofit public agency.
REAL ESTATE SIGN --: A sign indicating the sale, rental or lease of the premises on which the sign is located and which must be removed upon the sale or lease of the premises.
SIGN --: Any writing, symbol, figure, representation, logo, emblem, flag, banner, device, letter, word, street clock or temperature announcement, which shall include any announcement, declaration, demonstration, display, illustration, name identification, description or insignia, which is used to advertise or promote the interest of any person or firm when such representation is placed in view of the general public.
SIGN AREA --: The entire area within a continuous perimeter formed by straight lines joined at right angles which encloses the extreme limits of the writing, background, representation or display of the sign face. Such perimeter shall include any structural elements, other than background, which are not an integral part of the display. For the purpose of computing the allowable area of a double-faced sign, one sign face shall be considered.
SIGN FACE --: The part of a sign that is or can be used to identify, advertise and communicate information for visual representation which attracts the attention of the public for any purpose. This definition shall include any background material, panel, trim or color that differentiates the sign from the building or structure on which it is placed. The sign structure shall not be a part of the sign face, provided that no message, display or symbol is designed and included as a part of the structure.
SIGN STRUCTURE --: A supporting structure erected and used for the purpose of identification or attracting attention, with or without a sign thereon situated, upon any premises where a sign may be located. This definition shall not include a building, fence, wall or earthen berm.
TEMPORARY SIGN --: Any sign erected for a period of time not to exceed 20 days in any three-hundred-sixty-five-day period.
WALL SIGN --: Any sign erected against the wall of any building, displayed on windows or doors or displayed with the exposed face thereof in a plane parallel to the face of said wall, window or door and which said sign is mounted from the wall at a distance measured perpendicular to said wall of not greater than 12 inches, when the face of the wall is on or in the right-of-way, and not greater than 16 inches on all other walls. Any sign painted on a wall shall be considered a wall sign.

§ 155-93. Prohibited signs.

Except as may be hereinafter specifically permitted, it shall be unlawful for any person, firm or corporation to erect any of the following signs within the Township of Lower Merion:

Any sign which by color, shape or location conflicts with or resembles a governmental sign or traffic signal device.
Any sign within a public or private street attached to a utility pole, parking meter, traffic sign post, traffic signal or control device, street sign, historical marker, tree or fence, with the exception of governmental and public utility signs.
Any off-premises sign, except as may be provided for within this article.
Any portable sign, except as may otherwise be provided for within this article.
Any sign which advertises or publicizes an activity or business not on the premises where the sign is located, except where adjoining premises are part of a single, integral business identity such as a shopping center or business park and cross easements for the sharing of parking, signage, site access and/or other site improvements have been legally established and are recorded with the township.
Any sign erected without the permission of the property owner or authorized agent.
Any sign on any awning, except on the front and side vertical face thereof, as provided herein.
Any sign that creates a clear and present danger to life, safety or welfare, as determined by the Director of Building and Planning or the Superintendent of Public Safety. [Amended 1-19-2002 by Ord. No. 3631]
Any sign painted on any wall surface, except as may be otherwise provided for within this article.
Any projecting sign, except as may be provided for within this article.
Any sign and/or accessory part which is animated, moved, flashed or rotated, including electronically controlled copy changes. This shall not apply to time and temperature clock signs.
Any illuminated tubing or strings of lights which outline roof lines, doors, windows, wall edges or rows of vehicles when used for advertising purposes, with the exception of temporary lights erected to celebrate a holiday. Temporary lights must cease to be operated within 60 days of installation.
Any sign which obstructs free ingress to or egress from a required exitway.
Any banner, pennant, flag or balloon, except as may be otherwise provided for within this article.
Any advertising sign painted on or attached to a vehicle or trailer not used primarily and consistently for transportation.
Any sidewalk and sandwich sign.
Any abandoned or dilapidated sign.
Any sign which exhibits statements, words or pictures of obscene or pornographic subjects.
Any internally illuminated sign, except as may be provided for herein.
Any sign inconsistent with the provisions of this article.

§ 155-93.1. Exempt signs. [Amended 1-18-1995 by Ord. No. 3378; amended 1-20-2010 by Ord. No. 3901]

The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number or area of permanent signs allowed within a zoning district. However, no exempt signs may project into the right-of-way of any public or private road, except for a governmental sign, and except for temporary signs authorized by Chapter 133 and this chapter.

Governmental signs, as herein defined.
Real estate and development signs, subject to height, area and number requirements as set forth in this article.
Personal interest signs.
Directional and instructional signs, including those designating points of ingress and egress, which do not exceed four square feet for each sign face or a maximum height of five feet above existing grade.
Civic event signs and banners on public and private property which are removed within 72 hours after the event and not erected more than 20 calendar days prior to the event.
"No Trespassing" or similar on-premises signs, provided that no sign shall exceed one square foot in sign area or be placed at intervals of less than 150 feet.
Memorial signs.
Interior signs.
Public service signs which shall not exceed five square feet in sign area.
Temporary signs, to include the following:
1. An artisan's sign, provided that such sign shall not exceed six square feet for each sign face and is erected on the premises where the work is being performed. Said sign shall be removed upon completion of active work. No more than one sign shall be erected on any property.
2. Signs advertising garage or yard sales, provided that no sign shall exceed six square feet in sign area. Signs may be erected the day before the garage sale and must be removed at the conclusion of the garage or yard sale.

§ 155-93.2. Signs in residence districts.

The following types of signs, and no others, shall be permitted within residence districts, except as provided for otherwise within this chapter:

Minor home occupation signs, provided that:
1. Said signs shall be nonilluminated and not exceed 72 square inches in sign area.
2. Not more than one such sign shall be erected on any property.
Signage for estates, farms, churches, educational facilities, hospitals, recreation areas and other permitted nonresidential uses, provided that:
1. The signs shall not exceed 20 square feet in sign area and not exceed a height of eight feet from existing grade. All such signs over eight square feet shall be set back a minimum of 10 feet from the right-of-way. A sign permit must be obtained prior to the installation of any sign listed above.
2. The signs may be lighted by indirect lighting only. Illuminated signs are prohibited.
3. No more than one sign shall be placed on a premises held in single and separate ownership, unless such premises fronts on more than one street, in which case one sign may be erected for each street frontage.
Identification signs for apartment buildings and residential developments, provided that:
1. The area of any sign shall not exceed eight square feet. Freestanding signs shall not exceed a height of five feet above existing grade. A sign permit must be obtained prior to the installation of a sign advertising an apartment building. All such signs shall be nonilluminated.
2. No more than one sign shall be placed on premises held in single and separate ownership unless such premises fronts on more than one street, in which case one sign may be erected for each street frontage.
3. In any multiple-family development in which a rental office is located, one wall sign, not to exceed four square feet in area, shall be permitted. The sign shall be nonilluminated and indicate only the name of the development, the presence of a vacancy and/or the functions, business hours, address and telephone number of the office.
Real estate signs, provided that:
1. The area of any sign shall not exceed six square feet for each exposed face. Freestanding signs shall not exceed a height of five feet from existing grade.
2. Signs may be lighted by indirect lighting only. Illuminated signs are prohibited.
3. No more than one sign shall be placed on a premises held in single and separate ownership, unless such premises fronts on more than one street, in which case one sign shall be permitted for each street frontage.
4. A maximum of two off-site directional signs designating an open house shall be permitted which shall contain only directional information and the name of the real estate agent or individual holding the open house. Signs shall be erected and removed on the day of the open house and not be located to obstruct pedestrian or vehicular traffic or be attached to a utility pole, off-street building, tree or other natural feature.
Development signs, provided that:
1. The size of any sign shall not exceed 20 square feet in area nor a height of 10 feet above existing grade. All such signs over eight square feet shall be set back a minimum of 10 feet from the right-of-way.
2. No more than one sign shall be erected for each 500 feet of street frontage.
3. Signs shall be nonilluminated.
4. No sign shall be erected until final approval of the development by the Board of Commissioners and shall be removed upon completion of active work. Active work shall be interpreted by the Director of Building and Planning.[Amended 1-19-2002 by Ord. No. 3631]
Public service signs, in accordance with the following provisions:
1. The area of any sign shall not exceed 20 square feet.
2. Illuminated signs are prohibited.
3. No more than one sign shall be permitted on a property.
4. Signs may only advertise the public service provided on the property where the sign is located.

§ 155-93.3. Signs in commercial, manufacturing and industrial districts.

The following types of signs shall be permitted within commercial, manufacturing and industrial districts:

Any signs permitted in residence districts, subject to the restrictions provided hereinabove.
Real estate and development signs advertising the sale, rental or development of a premises, provided that:
1. The area of any such sign shall not exceed 12 square feet for wall signs and 24 square feet for freestanding signs. Any freestanding sign shall not exceed a height of 10 feet above existing grade.
2. No more than one such sign shall be placed on a premises held in single and separate ownership, unless such premises fronts on more than one street, in which case one such sign may be placed on each street frontage.
3. Signs shall be nonilluminated.
Business or related signs, in accordance with the following regulations:
1. Sign area. The total sign area of all signs placed on a lot shall not exceed 1.5 square feet for each linear foot of building frontage. The total area of any single sign shall not exceed 65 square feet, except as otherwise provided herein. [Amended 3-15-2000 by Ord. No. 3561]
2. Wall signs. No wall sign shall be permitted to extend above any cornice, wall, parapet wall or building facade. Only channel letter wall signs may be internally illuminated. Box signs internally illuminated are prohibited. The total area of all wall signs and projecting signs shall not exceed 10% of the area of the wall, including windows, doors and cornices. Wall signs are also subject to the area requirements set forth above in Subsection C(1). [Amended 3-15-2000 by Ord. No. 3561]
3. Awning signs. [Amended 4-12-1995 by Ord. No. 3388]
  1. Awning signs shall only display the business name, logo, address and name of the proprietor or property owner. Letters or numerals shall not exceed a height of 12 inches and shall be located only on the front and side vertical faces of the awning, except as provided for in this section. The minimum clearance above any walkway shall not be less than six feet nine inches.
  2. Letters and numerals shall be permitted on the sloped, surface of an awning, provided that the business served by the awning sign does not use a wall sign(s), and provided further that the letters and numerals on the sloped surface of an awning shall not exceed a height of 40 inches and shall not exceed more than 25% of the sloped surface.
  3. Awning signs shall not be internally illuminated. [Added 3-15-2000 by Ord. No. 3561]
4. Theater or movie marquee signs. The total sign area shall not exceed 150 square feet. The minimum vertical clearance above any walkway shall not be less than nine feet. Theater or movie marquee signs may be internally illuminated. [Amended 3-15-2000 by Ord. No. 3561]
5. Freestanding and projecting signs. One freestanding and projecting sign shall be permitted for each street frontage. Freestanding signs may be internally illuminated.
  1. Height. No freestanding sign shall exceed a height of 15 feet above grade. [Amended 3-15-2000 by Ord. No. 3561]
  2. Location. Freestanding and projecting signs shall be set back from the right-of-way a distance equal to the front yard setback of the zoning district in which the sign is located, except that a freestanding sign may be erected in the required front yard setback, provided that the height of the sign is not greater than four feet above grade. Freestanding and projecting signs must be at least 100 feet away from all other freestanding signs on the same property. No projecting sign shall be permitted to extend above the cornice, wall, parapet wall or building facade.
6. Temporary advertising signs. Advertising signs, including flags, balloons, banners or displays constructed of cloth, light fabric or similar materials. Such signs shall not exceed the sign area permitted for permanent signs or be in a position or of a color that presents a hazard to pedestrians or motorists. A sign permit must be obtained prior to the installation of a temporary advertising sign.
Public service signs. Only one sign shall be permitted on a property. Public service signs may be internally illuminated.
Billboards. Billboards shall be a permitted use in manufacturing and industrial districts only, subject to the following regulations: [Added 4-15-1992 by Ord. No. 3281]
1. Surface area. The surface area of a billboard shall not exceed 675 square feet on each of not more than two sides.
2. Height. Freestanding billboards shall not exceed 35 feet in height measured from the surface of the ground to the highest point of the billboard. Roof-mounted billboards shall not exceed 50 feet in height measured from the surface of the -round to the highest point of the billboard.
3. Illumination. Illumination of billboards shall be allowed only upon grant of a special exception by the Zoning Hearing Board.
4. Separation. Each billboard shall be located not less than 1,500 feet from any other billboard, not less than 500 feet from a residential zoning district and no closer than 1,000 feet from the entrance or exit ramp to a limited access highway.
5. Obstruction. No billboard shall overhand a public or private right-of-way nor shall it interfere with a two-hundred-foot line of sight in any direction at an intersection.

§ 155-93.3.1 Signs in the Medical Center District and the Bryn Mawr Medical District [Added 9-22-2004 by Ord. No. 3718; amended 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord No. 3753; 5-10-2006 by Ord. No. 3777]

The following types of signs, and no others, shall be permitted within the Bryn Mawr Medical Center (BMMD) and the Medical Center District (MCD), except as provided for otherwise within this chapter:
1. Freestanding signs, provided that:
  1. The area of any such sign shall not exceed fifty (50) square feet.
  2. Such sign shall not exceed a height of ten (10) feet above existing grade. Freestanding signs in the required perimeter setback in a MCD and the front yard setback in the BMMD shall not exceed a height of six feet above existing grade.
  3. (c) No more than one freestanding sign shall be placed in the required perimeter setback in a MCD unless such premises fronts on more than one primary street, in which case one freestanding sign may be permitted for each such street frontage. In a BMMD, the maximum number of freestanding signs in the required front yard setback shall be limited to one sign for each street frontage plus one site identity sign.
  4. Freestanding signs may not be internally illuminated.
  5. The maximum number of freestanding signs shall be limited to one sign for each principal building, plus one sign for each street frontage with an ingress and egress driveway.
  6. Freestanding signs advertising specific buildings shall be within fifty (50) feet of the buildings listed on the sign.
2. Wall signs, provided that: No wall sign shall be permitted to extend above any cornice, wall, parapet wall or building façade.
  1. The total area of any single wall sign shall not exceed sixty (60) square feet, and all wall signs and projecting signs on each building shall not exceed ten percent (10%) of the area of the wall of the building, including windows, doors and cornices, whichever is smaller.
  2. There shall be no more than two wall signs exceeding twenty (20) square feet on any building.
  3. Externally lit walls signs are permitted. External lighting must directly light the wall sign from above.
3. Signs identifying the entrance to emergency departments, provided that:
  1. The sign is located on or on top of emergency department canopy fascias.
  2. The sign shall contain only the word “Emergency” or the word “Ambulance” and the area of the letters shall be in direct proportion to the canopy fascia.
  3. Letter size shall not exceed twelve (12) inches in height.
  4. The sign may be externally lit and directly illuminated from above.
Exempt Signs. In addition to those signs identified in §155-93.1, the following signs shall be permitted without a sign permit and shall not be included in the determination of the type, number or area of permanent signs allowed within such Districts.
1. Medical Center District
  1. Directional and instructional signs, including those designating points of ingress and egress, which do not exceed twenty (24) square feet for each sign face. The maximum height of a directional or instructional sign is eight feet above existing grade. Where there is an obstruction that would limit the visibility of a sign, the maximum height may be increased to ten feet above existing grade. The maximum height for directional signs in the required perimeter one hundred twenty five (125) foot setback is six (6) feet above existing grade.
  2. Directional signs must be setback from a street line a minimum of one hundred and twenty five (125) feet and may not be located in any of the required common open space.
  3. Directional signs must be located outside the required seventy five (75) foot perimeter buffer area. However, in areas where existing driveways are located in the buffer as of the effective date of these provisions directional signs may be located within the buffer within ten foot of the edge of the driveway.
2. Bryn Mawr Medical District
  1. Directional and instructional signs, including those designating points of ingress and egress, which do not exceed ten (10) square feet for each sign face. The maximum height of a directional or instructional sign is six feet above existing grade.
  2. Directional signs must be located outside the required buffer area.
General Standards for all signs:
1. All signs shall have letters no larger than eighteen (18) inches in height for signs located thirty (30) or less feet above grade; twenty four (24) inches in height for signs located thirty (30) to sixty (60) feet above grade; and thirty six (36) inches in height for signs located sixty (60) or more feet above grade.
2. No sign shall extend closer than one-half the vertical height of the letters employed to the vertical edge of a building corner, or to the fascia, roofline or parapet, whichever is lower.
3. Other than as needed to identify the location of medical services, signs shall be constructed only from wood, metal, stone or other similar material with darker background colors and lighter colored lettering. The Board may approve an alternative material if it can be demonstrated that the material will have the same appearance and texture as any of the approved materials.
4. Window graphics shall not exceed twenty percent (20%) of the clear window surface.
Awnings and Canopies.
1. Covered areas for patient drop-off and pick up at medical facilities shall not be considered canopies or awnings for the purposes of this Section.
2. Awnings and canopies shall be made of fire resistant canvas and may not be backlit.
3. The furthest extension of a ground floor awning and/or canopy shall be no less than three (3) feet and no more that seven (7) feet. The furthest edge of the awning may be no closer than twenty four (24) inches to the curb abutting a street and may cover no more than two-thirds of the sidewalk width.
4. Ground floor awnings and canopies shall terminate no less than eighteen (18) inches below the second floor windowsills.
5. Ground floor awning and canopy height shall not exceed fifteen (15) feet above pavement and shall be below the cornice or frieze.
6. All ground floor awnings and/or canopies shall be retractable. The minimum height from the bottom of the frame and valance to the sidewalk is seven (7) feet.
7. Fixed awnings may be used above the first story provided they project no more than four (4) feet maximum.
8. Side flaps on awnings are encouraged.
9. Logos or emblems are permitted on the top or angles portion of the awning up to a maximum of three square feet. No more than one emblem or logo is permitted on an awning.
10. Any awning that projects into a street right of way must be retractable, or the applicant must enter into an agreement with the Township (or the government entity having jurisdiction) to remove the awning if the entity having jurisdiction requires access to the right of way for maintenance, repairs or any other purpose

§ 155-93.3.2 Signs in the Bryn Mawr Village District. [Added Ord. No. 3855 6-18-2008]

In the Bryn Mawr Village District, the regulations of this Article XIX shall apply except where otherwise specifically provided for in this section. These regulations are intended to facilitate the commercial success of retail tenants and ensure signage solutions that will contribute to a vibrant pedestrian environment. The following signage standards shall apply in all Village Districts.

Maximum Signage Square Footage
1. The total area of all flush mounted and awning signage for each building tenant shall not exceed one (1) square foot for each foot of lineal building frontage. In all cases, individual signs are limited in square footage, as described in the following guidelines.
2. Any lot with a lot width of less than 25 feet at the street line may use the lot width at the building line for calculating the maximum signage permitted under this section.
Fabrication Techniques
1. Installation must not damage or require removal of historic materials, and must be done in a manner such that signs can be removed without harm to the masonry or architectural detailing.
2. Exposed conduit, tubing, or raceways are prohibited.
3. All conductors, transformers, ballasts, and other equipment shall be concealed.
4. All attachment hardware, bolts, and clips shall be of corrosion resistant materials, to prevent staining of building surfaces.
5. Formed plastic, injection-molded, or easily damaged signage materials are prohibited.
6. Location of all openings for conduit and sleeves in sign panels of building shall be indicated by the sign contractor on drawings submitted to the Township.
7. Installation shall be in accordance with the approved drawings.
8. No sign-makers’ labels or other identification will be permitted on the exposed surface of signs, except those required by local ordinance which shall be located inconspicuously.
9. Cinemas and libraries are allowed to have digital/electronic or changeable letter signs
10. Awnings must be constructed from fabric (real or synthetic) and made of weather resistant material.
11. All sign lighting must comply with the energy code adopted under the Pennsylvania Uniform Construction Code.
Prohibited Signs and Conditions

The following signs are not permitted:

Backlit or internally illuminated awnings
Translucent internally illuminated (backlit) sign faces

Flush-mounted Signage

Letters or mark mounted parallel to the building’s façade that are either mounted as individual letters, or contained in a sign panel. The following standards shall apply:

Number of signs: One per occupant per street front. Where a corner storefront faces both a street and a parking lot, a second sign is permitted to face the parking lot.
Mounting height: 20-foot maximum, provided it is below the sill line of the second floor windows or the lowest point of the roof, whichever is less. A flush mounted sign is permitted to exceed this height limit if either of the following conditions exist.

The building fronts on Lancaster Avenue or Bryn Mawr Avenue provided the sign is more than 50 feet from any street right of way. The sign must be located below the cornice line, or in the case of a flat roof, below the roof parapet; or
Where there is a second floor commercial occupant that does not also occupy the first floor. All signs must be located below the cornice line, or in the case of a flat roof, below the roof parapet.

Depth of sign: Wall signs must not project more than twelve (12) inches from the building wall.
Methods of illumination shall be limited to the following:

Natural lighting;
External spot or flood lighting, lit from above;
Halo-lit or backlit letters.

Blade and Shingle Signage

A shingle sign is mounted perpendicular to a building’s façade, is typically suspended beneath an armature, and is able to swing from the axis of the pole. A blade sign is typically mounted directly to the building façade using a rigid mounting bracket. The following standards shall apply:

Maximum area of sign: six (6) square feet
Number of signs: One (1) per ground floor establishment, plus one (1) for any public building entrance not serving a ground floor establishment. All signs shall be centered within architectural elements.
Mounting height: 20 foot maximum provided it is below the sill line of the second floor windows or the lowest point of the roof, whichever is less, and does not have less than 10 feet of vertical clearance above grade or sidewalk.

Banner Signage

Fabric or rigid material mounted with use of poles, typically oriented perpendicular to structure façade.

Area of banner: Less than or equal to 25 square feet.
Banners shall be spaced no closer than 20 feet apart, and centered within architectural elements.
Projection: Banners shall not project more than three (3) feet into the public right-of-way.
Mounting height: Bottom of banners shall be mounted at least 14 feet above grade or sidewalk to avoid intrusion into Blade Sign or Awning Zone, and not to extend beyond the third story of the structure.
Only one banner sign is permitted per property.

Freestanding signs.

Freestanding signs existing as of (the adoption date) may be replaced.
The replacement sign must be a monument sign with a maximum height of eight feet unless it can be demonstrated that a higher sign is required to avoid a site obstruction that would create an unsafe condition.

Illumination of signs. Unless internal and other types of lighting are specifically permitted, all signs shall be illuminated with natural or external lighting only, lit from above.
Awnings & Canopies. Awnings and canopies are roof-like structures, above storefront windows or entries, sometimes containing a mark or signature of a tenant. The following standards shall apply:
1. Length: Awnings and canopies shall not exceed 20 feet in horizontal length and be centered within architectural elements, such as doors or columns.
2. Projection: Awnings and canopies shall not project more than five (5) feet into the public right-of-way, except where located above an operable building or shop entry, in which case the maximum projection shall not exceed 10 feet’. All awnings and canopies must be a minimum of three feet (3’) from the curb line.
3. Mounting height: The bottom of awnings and canopies shall be at least eight (8) feet above grade or sidewalk, except in the case of a movable valance which may be seven (7) feet above grade or sidewalk.
4. Illumination: Natural lighting only; backlit awnings are not permitted
5. Design: On multi-tenant façades, awning heights, projections, and style of awning shall be similar. Logo or tenant mark shall be limited to the valance of an awning, or the front plane of the canopy.
6. Fabrication: Awnings and canopies shall be made of fire resistant canvas.
7. All Ground Floor awnings and canopies or those that project into a street Right-Of- Way must be retractable.
8. Fixed awnings may be used above the Ground Floor provided that they project no more than four (4) feet maximum.
Wall Plaques. Wall plaques are small, pedestrian-oriented informative signs that may convey information such as hours of operation or take the form of directories, menu cases, or convey historical building information. The following standards shall apply:
1. Area of sign: Up to six (6) square feet in area, not projecting more than three (3) inches from a building wall
2. Number of signs: Two (2) per usable entry.
3. Mounting height: Five (5) feet on center above grade or sidewalk.
4. Illumination: natural lighting only is permitted, except for menu cases, which may be internally lit.
Street Address plaque. This is a plaque mounted to side of building at pedestrian level, or dimensional letters mounted above door conveying at the minimum the numerical street address of the building. The following standards shall apply:
1. Area of sign: Less than or equal to three (3) square feet in area.
2. Number of signs: Minimum of one (1) located at the main entry to the building.
3. Mounting height: five (5) feet on center for wall mounted, horizontally centered above door(s), or on the sides of a canopy. Numerals mounted overhead shall be no less than eight (8) inches.
4. Illumination: natural lighting only is permitted, except for halo lit or backlit letters.
Permanent Storefront Window Graphics. These are permanent window graphics with the tenant’s mark or hours of operation. The following standards shall apply:

Area: Window signs shall not obscure the interior view of a retail establishment, and shall be no greater than 10% of the available window space.

§ 155-93.4. Nonconforming signs and signs on nonconforming use premises.

The total area of all signs relating to a single use existing at the effective date of this article or at the effective date of any amendment by which the sign shall be made nonconforming shall not be increased.
Any sign in existence at the time this article becomes effective which is not in conformance with the provisions as set forth herein may be repainted or relettered. If a nonconforming sign is substantially altered or replaced, it must be made to conform with the provisions of this article.
All temporary signs, portable signs and banners must be removed within 20 days of the effective date of this article, unless specific approval is granted as provided for herein.
Multitenant properties with total approved existing sign area that becomes nonconforming as a result of a decrease in the permissible sign area for each linear foot of building frontage may replace individual signs, provided that the area of the replacement sign is no larger than that permitted using the following calculations: [Added 3-15-2000 by Ord. No. 3561]
1. The existing building frontage and total approved existing sign area for the lot shall be calculated.
2. The percentage determined by dividing the currently permitted sign area by the total approved existing sign area shall be calculated.
3. The area of any subsequently erected replacement sign must not exceed the previously approved area of such sign multiplied by the percentage determined under Subsection D(2) above.
4. No new sign may be erected as a result of the expansion in the linear frontage of a building unless the total sign area on the lot conforms to the requirements of § 155-93.3.

§ 155-93.5. General regulations.

The following restrictions and regulations shall be applicable to all permanent signs permitted by this article, unless otherwise specified:

Materials. Signs shall be constructed only from plastic, wood, metal, stone or similar appropriate materials with painted, engraved or raised messages.
Projecting signs. No signs, other than marquee, awning or canopy signs, shall project over any public sidewalks or into the right-of-way of any street. Projecting signs shall be set back a distance equal to the front yard setback of the zoning district in which the sign is located.
Illumination. Where permitted, signs shall be illuminated only by indirect lighting or by a steady, stationary light of reasonable intensity. Light sources shall be shielded from all adjacent buildings and streets and shall not be of such intensity as to cause glare hazardous to pedestrians or motor vehicle drivers or create a nuisance to adjacent properties.
Nuisance. No sign shall create a public nuisance by emitting smoke, sound, vapor, particle emission or objectionable odors.

§ 155-93.6. Sign permits.

It shall be unlawful for any person, firm or corporation to erect, alter, repair, relocate or maintain any sign within the Township of Lower Merion without first obtaining a sign permit, unless such sign is specifically exempt from the permit requirements.

Application for permit. Application for sign permits shall be made upon forms provided by the Director of Building and Planning and shall contain and/or have attached the following information and materials: [Amended 1-19-2002 by Ord. No. 3631]
1. The name, address and telephone number of the property owner, and the signature of the owner or duly authorized agent for the owner.
2. The name, address and telephone number of any tenants on whose behalf the sign is maintained.
3. The name, address and telephone number of the sign contractor.
4. Two copies of a plan drawn to scale depicting:
  1. The site plan, including lot dimensions, building frontage and existing rights-of-way and drives.
  2. The design of each sign face and sign structure with the dimensions, total area, sign height, depth, structural details, materials, lighting scheme and proposed location.
  3. The building elevations, existing and proposed facades, parapet walls, cornices and the location and size of all proposed and existing signage, including all wall signs, window signs, projecting signs and freestanding signs.
  4. Such other information which may be required by the Director of Building Regulations.
Structural requirements, maintenance and illumination.
1. No sign or sign structure shall be erected unless it complies with all applicable requirements of the Building Code as set forth in Chapter 62 of the Code of the Township of Lower Merion.
2. Permits for illuminated signs shall not be submitted for review unless an application for an electrical permit is filed concurrently. All work shall be completed in full compliance with the Electrical Code as set forth in Chapter 72 of the Code of the Township of Lower Merion.
3. All signs and sign structures shall be kept in good repair and in a presentable condition such that all sign information is clearly legible. Any sign found to show deterioration, including rust, faded colors, discoloration, holes and missing parts or information items, shall constitute a violation of this subsection.

ARTICLE XX
Off-Street Parking Facilities

§ 155-94. General regulations.

A motor vehicle garage space or an outdoor motor vehicle parking space shall consist of an area of not less than 171 square feet of usable area for each motor vehicle and shall be of dimensions of no less than nine feet in width and of no less than 19 feet in depth for each motor vehicle, exclusive of adequate interior driveways and exclusive of driveways connecting the garage or parking space with a street or alley. Outdoor parking spaces and the approaches thereto shall be paved or covered with gravel or cinders. Such outdoor parking space shall be deemed to be part of the open space on the lot on which it is located. [Amended 5-20-1981 by Ord. No. 1958]
A garage may be located wholly or partly inside the walls of the principal building or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court when authorized as a special exception, but may not extend within 10 feet of any lot line. The space above the underground garage shall be deemed to be part of the open space on the lot on which it is located to the extent determined by the Zoning Hearing Board when authorized as a special exception.

§ 155-95. Facilities required. [Amended 3-19-1975 by Ord. No. 1736; 2-18-1976 by Ord. No. 1758; 8-14-1976 by Ord. No. 1772; 12-20-1978 by Ord. No. 1844; 5-16-1979 by Ord. No. 1865; 9-25-2006 by Ord No. 3789]

Any of the following buildings hereafter erected, any building hereafter converted into one of the following buildings and any open areas hereafter used for commercial purposes shall be provided with minimum parking spaces as set forth below, which spaces shall be readily accessible to and within a reasonable distance from the buildings served thereby. Such spaces shall be on the same lot as the principal building or open area. In the case of an extension of or addition to an existing building or the extension of a use within an existing building, such requirements of parking spaces shall apply only with respect to such extension or addition.

Apartment houses and hotels.
1. At least two parking spaces for each apartment. Subject to the approval of the Director of Building and Zoning, up to 25% of all parking under this subsection may be in the form of concrete grass pavers or other similar device. The decision of the Director of Building and Planning will be based on the following criteria: [Amended 1-19-2002 by Ord. No. 3631]
  1. When the use of concrete grass pavers would not adversely affect the parking operation of the proposed use.
  2. The existence of flooding problems in the immediate area or within the drainage basin in which the parking is located.
2. A garage accessory to an apartment house or apartment hotel shall provide only for the storage of vehicles of the owner, tenants and employees. No parking space shall be provided nor parking permitted in front yard areas, unless authorized as a special exception. No parking space or driveway shall be permitted closer than 20 feet to the side or rear property lines of apartment houses or apartment hotels.
Boardinghouses or rooming houses: at least one parking space for each room for rent.
Bowling alleys: at least five parking spaces for each lane.
Hotels and motels: at least one parking space for each guest room. If a restaurant or place of public assembly in connection with a hotel or motel is open to the public, additional off-street parking facilities shall be provided as follows: 1/2 of the off-street parking facilities required for a restaurant or other place of public assembly.
Tourist houses: at least one parking space for each room for rent.
Theaters: at least one parking space for each five seats.
Auditoriums, churches, schools, stadiums or any other place of public or private assembly: at least one parking space for each five seats or for each 50 square feet of floor area where fixed seating is not installed. No more than 50% of the total parking spaces required may be held in reserve pursuant to § 155-95.1. [Amended 2-16-1994 by Ord. No. 3349; 6-17-1998 by Ord. No. 3491; 9-18-2002 by Ord No. 3653]
H. Restaurants, including outdoor restaurants and restaurants with taprooms: at least one parking space for each 200 square feet of gross floor area, plus the total basement floor area devoted to the service or use of patrons, plus the total outdoor area devoted to the service or use of patrons exceeding 20% of the total indoor restaurant floor area devoted to dining. If a restaurant includes a taproom with seating for taproom customers, to the extent that the floor area devoted to taproom use exceeds 10% of the floor area devoted to indoor restaurant use, one additional parking space shall be provided for every 200 square feet of such excess taproom floor area. [Amended 3-20-1996 by Ord. No. 3416; 6-19-1996 by Ord. No. 3423; 9-25-2006 by Ord No. 3789; 5-20-2009 by Ord. No. 3881]
Takeout restaurants: at least one parking space for each 50 square feet of gross floor area, exclusive of basements if not devoted to the use of patrons, not providing indoor service or seating for customers.
Retail stores: at least one parking space for each 200 square feet or fraction thereof of gross sales, storage and office floor area, exclusive of basements if not used for sales or office area.
Single-family dwellings and two-family dwellings: at least two parking spaces for each family in dwellings erected after the effective date of this section; or in dwellings where the garage on the lot is converted into a recreation or other habitable room or rooms, two parking spaces for each family shall be provided.[Amended 3-20-1985 by Ord. No. 2068]
Office buildings: at least one parking space for each 200 square feet of gross office and storage floor area or fraction thereof, exclusive of basements if not used for office or storage purposes, for the first 100,000 square feet. For additional office and storage floor area beyond 100,000 square feet, one parking space shall be provided for each 300 square feet of gross office and storage floor area or fraction thereof, exclusive of basements if not used for office or storage purposes; however, all parking shall be at or below grade from any perspective. If a single lot development consists of more than one office building, the aggregate of the gross office and storage floor area of all buildings shall be used to compute parking requirements for the entire development rather than a building-by-building computation; provided, however, that in no case shall the total parking for an office building or development of multiple office buildings total less than one parking space for each 250 square feet of gross office and storage floor area or fraction thereof, exclusive of basements if not used for office or storage purposes. [Amended 3-16-1988 by Ord. No. 3081]
Wholesale establishments and industrial or manufacturing buildings: at least one parking space for each 1,000 square feet of gross floor area or fraction thereof, exclusive of basements not used for the sale or display of merchandise or manufacturing.
Public garages, automobile and gasoline service stations: at least one parking space, either within or without the structure, for each 500 square feet of gross floor or ground area or fraction thereof devoted to repair or service facilities, which shall be in addition to the space allocated for the normal storage of motor vehicles.
Medical Centers: [Amended 6-19-1996 by Ord. No. 3422; amended 9-22-2004 by Ord. No. 3718]
1. Medical Center and Hospital: One (1) off street parking space shall be provided per 600 square feet of gross habitable floor area.
2. Medical Clinic and Health Clinic: One (1) off street parking space shall be provided per 300 square feet of gross habitable floor area
3. Medical Offices: One (1) off street parking space shall be provided per 300 square feet of gross habitable floor area.
4. Medical Laboratory: One (1) off street parking space shall be provided per 600 square feet of gross habitable floor area.
5. Special Medical Treatment Facility: One (1) off street parking space shall be provided per 400 square feet of gross habitable floor area.
6. Patient Hostel: One (1) off street parking space per guest room and one (1) parking space per employee of the largest shift.
7. Hospital Staff Dormitory: One (1) off-street parking space per student or employee.
8. Employee Day Care Center: One (1) off-street parking space per faculty/staff member or volunteer. The Employee Day Care Center shall have one queuing space dedicated to drop off/pick up for every ten participants in the Day Care Center.
Other commercial buildings: at least one parking space for each 200 square feet of gross floor area or fraction thereof.
Open areas used for commercial purposes: at least one parking space for each 1,500 square feet of area or fraction thereof.
Television or radio broadcasting station: one parking space for each 500 square feet of gross floor area, and in addition thereto one parking space for each 10 seats provided for public or private assembly.
Townhouse building: two off-street parking spaces within the development for each townhouse, consisting of not less than 200 square feet each, with adequate access provided.
Recreational facilities: at least six parking spaces for each tennis, racquetball, squash, handball, basketball or volleyball court plus one parking space for each 200 square feet of gross floor area, or fraction thereof, devoted to lounge areas, exercise rooms, meeting facilities, sale of goods or similar public uses.
Home occupations. [Added 3-20-1985 by Ord. No. 2068]
1. If a home occupation utilizes the single business vehicle permitted by § 155-11L(4), an additional parking space shall be provided.
2. Minor home occupations shall provide two off-street parking spaces for that use, in addition to the two required for the dwelling.
3. Home occupations which do not qualify as nontraffic or minor home occupations shall comply with the requirements of Subsection A or K of this section and the requirements of Subsection L of this section.
4. Parking for home occupations shall not be permitted in the required front yard setback.
Nonrecreational club or lodge, fraternity or sorority: at least one parking space for each 750 square feet of gross floor area or fraction thereof, exclusive of basements if not devoted to the use of patrons or residents. [Added 7-18-1990 by Ord. No. 3199; amended 6-19-1996 by Ord. No. 3422]
Student homes: three parking spaces for each student home occupying a premises. [Added 7-18-1990 by Ord. No. 3199]
Community residential programs: at least two parking spaces for each community residential program occupying a premises. [Added 7-18-1990 by Ord. No. 3199]
Sanatorium, nursing home, convalescent home or home for the aged: at least seven tenths (.7) parking space for each bed. [Added 6-19-1996 by Ord. No. 3422; amended 9-18-2002 by Ord No. 3653; amended 2-18-2010 by Ord. No. 3905]

Off-street public parking spaces. [Added 6-18-1997 by Ord. No. 3454]

If adequate on-site parking is not available, or the Director of Building and Planning determines that such parking is not feasible or appropriate, the parking requirements established in Subsection H hereinabove for that portion of an existing building hereafter converted for use as a restaurant or coffee shop/tea house may be met by designating off-street public parking spaces as set forth herein, provided that they are within a one-thousand-foot radius of the proposed use. Each such public parking space may only be counted once when this parking provision is utilized. Those parking spaces which may be designated for this purpose are as follows: [Amended 1-19-2002 by Ord. No. 3631; amended 3-16-2005 by Ord. No. 3739]

Lots	Designated Spaces	Total Spaces in Parking Lot
Ardmore lots
No. 4 Cricket Avenue	80	159
No. 16 Ardmore West	45	88

Bryn Mawr Lots
No. 7 Railroad Station	120	189
No. 8 Warner Avenue	5	18
No. 9 Doyle Alley	5	25
No. 10 Hayden	40	109
No. 11 Morton	15	49
No. 14 Pennsylvania Avenue	15	67
No. 19 Hobson	10	25
No. 22 Water Street	16	32

Merion Lot(s)
No. 12 Moss	13	26

Bala Cynwyd Lots
No. 15 Cynwyd Station	12	43
No. 17 Ford Road	10	25
No. 18 Merionville	12	34
Bala Gym Lot	20	31

If public parking spaces are used to comply with the parking provisions under this section, the applicant must obtain a use permit from the Zoning Officer. This permit shall expire if the applicant fails to obtain a certificate of occupancy within three months of the date of the use permit. A use permit may be extended for up to one year if the Zoning Officer determines that there has been substantial progress towards obtaining a certificate of occupancy (i.e., ongoing renovations, application for zoning relief, application for subdivision or land development approval).

Educational uses, including student residence halls, day care and nursery schools. [Added 6-17-1998 by Ord. No. 3491; amended 7-19-2000 by Ord. No. 3578]
1. Number of space required.
  1. One and one-half spaces per two students/participants of driving age;
  2. One space per faculty/staff member or volunteer;
  3. One visitor space per 25 students/participants; and
  4. One space per five seats, or 50 square feet of floor area where seating is not installed, for the largest place of public assembly on the site, except that parking for assembly places to be used no more than six times a year may be accommodated on unpaved areas, if their availability can be demonstrated.
2. Reserved.
3. The expansion of any use regulated by this subsection shall be required to meet these parking standards only for the additional students/participants or additional place of assembly.
4. The Zoning Hearing Board may waive up to 50% of the required parking spaces if the applicant can demonstrate that such spaces are not necessary for the proposed use.
Taproom/Bars: at least one parking space for each 100 square feet of gross floor area, exclusive of basements if not devoted to the use of patrons. [Added 9-25-2006 by Ord. No. 3789]
Community Art Center: at least one parking space for each 200 square feet of gross floor area devoted the Community Art Center use. [Added 2-13-2009 by Ord. No. 3879]

§ 155-95.1 Reserve Parking. [Added 9-18-2002 by Ord. No. 3653]

The parking space requirements of § 155-95 above may be held as "reserve parking" without actually paving the spaces, when authorized as a special exception. If land development approval is required for the proposed improvements, including the additional parking spaces, authorization shall be by conditional use approval from the Board of Commissioners, rather than by special exception. The grant of authorization by either Board shall be subject to the following:

Expansion of Use. Where a use regulated by § 155-95 is being expanded and the Board determines that the additional number of parking spaces required by this expansion are not currently needed, it may authorize the applicant to hold in reserve the number of spaces that the Board determines are not currently required to meet the needs of the uses to which the property will be put.
New or Changed Use. Where a use regulated by § is created or there is a change of use on the property, and the Board determines that the additional number of parking spaces required by this expansion are not currently needed, it may authorize the applicant to hold in reserve up to 50% of the total number of spaces required.
The applicant must document that the full number of required parking spaces can be paved without violating any applicable provisions of this chapter. When constructed, the reserve parking must meet all applicable provisions of this chapter as of the date the construction permit is sought.
The applicant shall install stormwater management facilities, as required by the Township, for the total number of parking spaces, including those held in reserve, unless the applicant demonstrates to the Board's satisfaction that the economic and practical benefit of currently installing such facilities for the reserve parking spaces is not significant when compared to the destruction that would be caused to the natural features on the site.
The applicant must agree in a recorded covenant, approved by the Township Solicitor, to install the reserve parking spaces at any future time if and when the zoning officer determines that the reserve parking spaces are needed to accommodate the use of the property. The applicant may appeal such order to the Zoning Hearing Board.
Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces required shall be fully designed, and the area held as reserve parking shall be clearly designated on the plan. The reserve parking area shall be considered in calculating the impervious surface ratio. The parking reserve area shall be planted with vegetative cover and integrated into the site's land development plan. Such area shall be required to be developed as designed if and when the Zoning Officer determines the need.

§ 155-96. Reduction of facilities.

Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required hereunder for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter. This provision shall not apply to theater uses in the Bryn Mawr Village District, where one off-street parking space for theater use can be removed for each metered space allocated to that theater in a municipal parking lot. [Amended 7-20-2011 by Ord. No. 3948]

§ 155-97. Loading and unloading space.

In addition to the parking space required above, sufficient area shall be provided inside or outside the principal building for the loading and unloading of vehicles.

§ 155-98. Storage area for drive-in facilities.

At least 200 linear feet of storage area for vehicles awaiting service shall be provided for drive-in facilities and uses. Said 200 linear feet of driveway, in one or more usable lanes, shall be measured from the right-of-way line of the street to the window or other place in the building where the vehicle must enter or pass for service. The storage areas shall be so designed that vehicles awaiting service will not back out into the street.

ARTICLE XXI
Nonconforming Uses

§ 155-99. Nonconforming buildings or uses.

Continuation. The lawful use of a building or land existing on the effective date of this chapter or any amendment thereto, or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this chapter.
Extension or expansion. A nonconforming use may be expanded or extended when authorized as a special exception, subject to the following limitations: [Amended 3-20-1985 by Ord. No. 2068]
1. Any such expansion or extension shall be limited to the lot on which the use is located, as that lot was defined when the use became nonconforming.
2. The total of all increases in the area devoted to the use shall not exceed 25% of the area devoted to the use on March 20, 1985, or on the date the use became nonconforming, whichever is later. The term "area devoted to the use" means the total of the floor area and, for any portions of the use not conducted in a building, the lot area actually utilized in connection with the nonconforming use.
3. Any such extension or expansion shall conform with the requirements of Articles XIX, XX, XXV, XXVII, XXVIII and with the height, yard, setback, buffer and floor and building area requirements of the district in which it will be located.
Changes. A nonconforming use may not be changed to any use except one which is permitted in the zoning district in which the property is located. [Amended 3-20-1985 by Ord. No. 2068]
Restoration. A nonconforming building which has been damaged or destroyed by fire or other cause to an extent of not more than 75% of its value or a nonconforming building which has been legally condemned may be reconstructed and used for the same nonconforming use, provided that:
1. The reconstructed building shall not exceed in height, area and volume of the building destroyed or condemned.
2. Building reconstruction shall be commenced within one year from the date the building was destroyed or condemned, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and shall be carried on without interruption.
Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of six months or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter. [Amended 3-20-1985 by Ord. No. 2068; 2-20-1991 by Ord. No. 3229]
Unlawful use. If a lawful nonconforming use of land or of a building ceases and use is made thereof which is unlawful under the terms and conditions of this chapter, the prior nonconforming use may not thereafter be continued, and subsequent use of such building or land shall be in conformity with the provisions of this chapter. [Added 2-16-1994 by Ord. No. 3347]

§ 155-100. Lots nonconforming as to area and width regulations.

A building may be erected on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width for the district in which such lot is situated, provided that all other requirements of the district in which the lot is situated are complied with.
Nonconforming lots which have such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated may be built upon, provided that a special exception is authorized by the Zoning Hearing Board.
A single-family dwelling may be expanded on any lot which is not of the required minimum lot area and which was held at the effective date of this chapter in single and separate ownership. The building area on the lot may exceed the maximum building area permitted in the zoning district in which the lot is situated by no more than 3%. All other requirements of the zoning district in which the lot is situated must be met. [Added 4-15-1998 by Ord. No. 3482]

§ 155-101. Enclosure of existing porches. [Amended 11-19-1997 by Ord. No. 3467]

An existing ground-level roofed porch located in a required front, rear or side yard may be enclosed, provided that:

The existing porch and roof were lawful when built.
An existing porch roof may be repaired or replaced but a roof shall not be constructed where one formerly did not exist.
No portion of the enclosed porch shall extend beyond the existing porch or roof, whichever ground area covered is less.

§ 155-102. Identification and registration of nonconforming uses and structures. [Added 7-17-1974 by Ord. No. 1724; amended 3-20-1985 by Ord. No. 2068; 1-19-2002 by Ord. No. 3631]

The Director of Building and Planning shall identify and register all nonconforming uses and nonconforming structures. Professional offices and home occupations maintained in residential districts shall be registered with the township within six months of the effective date of this chapter. Failure to register the use shall give rise to a rebuttable presumption that the use was instituted and is being maintained in violation of the provisions of this chapter.

ARTICLE XXII
Administration and Certificates

§ 155-103. Enforcement. [Amended 1-19-2002 by Ord. No. 3631]

It shall be the duty of the Director of Building and Planning and he is hereby given the power and authority to administer the provisions of this chapter. He shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Board of Commissioners may require. Permits for construction and uses which are a special exception to or a variance from requirements of this chapter shall be issued only upon order of the Zoning Hearing Board.

§ 155-104. Permits required.

A permit shall be required prior to the erection, addition or alteration of any building or portion thereof, prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building until a building permit has been duly issued therefor.

§ 155-105. Applications for permits. [Amended 1-19-2002 by Ord. No. 3631]

Applications for permits shall be made in writing to the Director of Building and Planning on forms furnished by the township. The Director of Building and Planning shall require that the application for a building permit and the accompanying plot plan, prepared by a registered engineer or land surveyor, shall contain all information necessary to enable him to ascertain whether the proposed building complies with the provisions of this chapter. In addition to other necessary data, the plot plan shall show the location of all existing buildings on abutting land within 50 feet of the side and rear lot lines of the premises of the applicant.

§ 155-105.1. Application for preliminary opinion. [Added 4-21-1993 by Ord. No. 3317; amended 1-19-2002 by Ord. No. 3631]

A landowner may submit plans and other materials describing a proposed use or development to the Director of Building and Planning for a preliminary opinion as to their compliance with the provisions of this chapter. Such plans and other materials shall not be required to meet the standards prescribed for tentative, preliminary or final plan approval or for the issuance of a building permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
If the Director of Building and Planning's preliminary opinion is that the use or development complies with the provisions of this chapter, notice thereof shall be published each week for two successive weeks in a newspaper of general circulation in the township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. Appeal from a favorable preliminary approval shall be to the Zoning Hearing Board, the time therefor to run from the date when the second notice thereof has been published.
The application for preliminary opinion shall be accompanied by such documentation as the Director of Building and Planning shall prescribe and by payment of an application fee.

§ 155-106. Issuance of permits. [Amended 1-19-2002 by Ord. No. 3631]

No building permit shall be issued until the Director of Building and Planning has certified that the proposed building, addition or alteration complies with all the provisions of this chapter. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the Director of Building and Zoning of such completion.

§ 155-107. Appeals and applications.

An appeal or an application for a special exception or variance from the terms of this chapter may be filed with the Secretary of the Zoning Hearing Board and shall state:

The name and address of the applicant.
The name and address of the owner of the real estate to be affected by the proposed exception or variance.
A brief description and location of the real estate to be affected by such proposed change.
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
A statement of the section of this chapter under which the variance or exception requested may be allowed, and reasons why it should be granted.
A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, prepared by a registered engineer or land surveyor, indicating the location and size of the lot and the size of improvements now erected and proposed to be erected thereon.

§ 155-108. Zoning Hearing Board certificate.

It shall be the duty of the Secretary of the Zoning Hearing Board to issue a Zoning Hearing Board certificate, which shall indicate the action of the Zoning Hearing Board on applications for a special exception or a variance. The Zoning Hearing Board may cancel or revoke a Zoning Hearing Board certificate for any violation of this chapter or of conditions imposed.

ARTICLE XXIII
Zoning Hearing Board

§ 155-109. Membership. [Amended 12-20-2006 by Ord. No. 3798]

The Zoning Hearing Board shall consist of three members appointed by the Board of Commissioners as provided by law. The word "Board," when used in this article, shall mean the Zoning Hearing Board. The Board of Commissioners may also appoint up to two residents of the Township to serve as alternate members of the Board. Regular and alternate members shall each serve a three year term of office and none shall hold any other elective or appointive office in the Township, nor be a Township employee.
The chairman of the Board may designate alternate members of the Board to replace any absent or disqualified member, and if, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to reach a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final decision on the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
When seated, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for regular Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties of a regular Board member. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a regular member of the Board nor be compensated unless designated as a voting alternate member.

§ 155-110. Powers and duties. [Amended 1-18-1978 by Ord. No. 1810]

The Board shall have the following powers:
1. Appeals: to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Building and Planning in the enforcement of this chapter. [Amended 1-19-2002 by Ord. No. 3631]
2. Special exceptions: to hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for.
3. Variances: to authorize upon appeal in accordance with the law, in specific cases, variances from the terms of this chapter.
In exercising the above-mentioned powers, the Board may:
1. Reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from.
2. Make such order, requirement, decision or determination as ought to be made.
3. Impose appropriate conditions and safeguards.
Applications, hearings and decisions regarding variances and special exceptions in the Floodplain District shall be governed by the provisions of Article XXVII of this chapter as well as the provisions of this article. In the event that there is a conflict between the provisions of this article and Article XXVII, the provisions of Article XXVII shall take precedence and be controlling over the provisions of this article.

§ 155-111. Meetings.

Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and constitute a public record.

§ 155-112. Appeals to Board. [Amended 1-19-2002 by Ord. No. 3631]

Appeals to the Board may be taken by any person aggrieved or by any officer of the township affected by any decision of the Director of Building and Planning. Such appeal shall be taken within a reasonable time, as specified by the Board's Rules of Procedure, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

§ 155-113. Public hearings.

Upon the filing with the Board of an appeal or an application for a special exception or a variance, the Board shall fix a reasonable time and place for a public hearing thereon and shall give notice thereof as follows:
1. By publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation published in the township.
2. By mailing due notice thereof to the parties in interest.
3. By mailing notice thereof to the Township Commissioner representing the ward in which the lot or building is located.
4. By mailing notice thereof to every resident or association of residents of the township who shall have registered their names and addresses for this purpose with the Board.
5. When the Board shall so order, by mailing notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers, of every lot on the same street within 500 feet of the lot or building in question, and of every lot not on the same street within 150 feet of the lot or building, provided that failure to give notice required by this subsection shall not invalidate any action taken by the Board.
The notices herein required shall state the location of the building or the lot and the general nature of the question involved.

§ 155-114. Standards of proof.

An applicant for a special exception shall have the burden of establishing both:
1. That his application falls within the provision of this chapter which accords to the applicant the right to seek a special exception; and
2. That allowance of the special exception will not be contrary to the public interest.
An applicant for a variance shall have the burden of establishing both:
1. That a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions; and
2. That allowance of the variance will not be contrary to the public interest.
[Amended 3-18-1981 by Ord. No. 1949] In determining whether the allowance of a special exception or a variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:
1. 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.
2. Be in accordance with the Lower Merion Township Comprehensive Plan.
3. Provide the required parking required under Article XX of this chapter.
4. 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.
5. Otherwise adversely affect the public health, safety, morals or welfare.
In addition to any applicable requirements contained in Articles IV through XIII of this chapter and the standards of Subsection C of this section, the following additional standards shall be met by any applicant for a special exception in any residence district: [Added 11-18-1987 by Ord. No. 3071]
1. 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) shall be permitted only if authorized by the Board as a part of the order granting the special exception.
2. A buffer area of not less than 20 feet in width along the full length of each side and rear lot line shall be provided. No driveway or parking area shall be permitted within this required buffer area. [Amended 4-20-1988 by Ord. No. 3085]
In all cases, the applicant's burden of proof shall include the duty of presenting credible evidence sufficient to persuade the Board that the applicant has satisfied the criteria set forth in Subsections A(1) and B(1) of this section. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsections C and D of this section or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C or D of this section, the applicant's burden of proof shall include the burden of presenting credible evidence sufficient to persuade the Board that allowance of a special exception or variance will not be contrary to the public interest with respect to the criteria so placed in issue. [Amended 11-18-1987 by Ord. No. 3071]

§ 155-115. Decisions. [Amended 9-21-1977 by Ord. No. 1802]

The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing on the application before the Board. Such decision shall be noted in the minutes of the next meeting of the Zoning Hearing Board. Notice of such decision shall be given to all parties in interest immediately after its announcement. For the purposes of this section, parties in interest shall be limited to the applicant and any person who shall indicate by completing an appropriate form provided by the Board his desire to receive notice of the Board's decision.

§ 155-116. Rules of procedure.

The Board may adopt rules of procedure in accordance with the several provisions of this chapter as to the manner of filing appeals or applications for special exceptions or variances from the terms of this chapter.

§ 155-117. Expiration of special exceptions and variances. [Amended 2-15-1995 by Ord. No. 3382]

Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof. If subdivision or land development approval is required to implement the special exception or variance, the six-month period shall begin to run on the date of the Board's approval or on the date final subdivision or land development approval is granted, whichever shall last occur.
A use permitted by special exception or variance shall expire if the use authorized is abandoned. If such use permitted by special exception or variance is discontinued by nonuse, unlawful use or a change of use to one not authorized by the previously obtained special exception or variance or by this chapter as of right for a continuous period of six months or more, the abandonment of such use shall be presumed, and any subsequent use of such building or land shall be in conformity with the provisions of this chapter. [Added 9-17-1997 by Ord. No. 3462]

§ 155-118. Appeals to Court.

Any person aggrieved by any decision of the Board, any taxpayer or any officer of the township may, within 30 days after any decision of the Board, appeal to the Court of Common Pleas of Montgomery County by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, specifying the grounds upon which he relies.

ARTICLE XXIV
Amendments

§ 155-119. Power of amendment.

The Board of Commissioners may from time to time amend, supplement, change, modify or repeal this chapter, or any part thereof, including the Zoning Maps, by proceeding in the manner prescribed in this article. No regulation, restriction or district boundary shall become effective, however, until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. The provisions of this article requiring public hearings and notice thereof shall apply to all changes and amendments of this chapter.

§ 155-120. Petition of citizens for zoning change.

Whenever the owners of 50% or more of any area wherein a change of zoning regulations is sought shall present to the Board of Commissioners a petition in the form prescribed by the township, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for, or of the Zoning Maps including, such area, the Board shall, except as hereinafter provided, hold a public hearing thereon and cause notice to be given in the manner set forth below. Whenever a petition to change the zoning classification of a property is filed and at the time of filing the property is under agreement of sale, both the seller and the purchaser must sign and acknowledge the petition. In addition, three certified copies of the agreement of sale shall be filed with the petition.
Three duly executed copies of the petition, together with copies of a map of the area in question attached thereto, shall be filed with the Director of Planning of the Township of Lower Merion, and at that time the filing fee hereinafter specified shall be paid by the petitioner. Any additional data in support of the petition which the petitioner desires to make available for the technical review of the Township Solicitor and the Planning Commission shall be filed in triplicate with the petition at the time it is filed. [Amended 3-18-1987 by Ord. No. 3041]
The Township Director of Planning will forward one copy of the petition and supporting data to the Township Solicitor, one copy to the Montgomery County Planning Commission and one copy to the Lower Merion Planning Commission. [Amended 3-18-1987 by Ord. No. 3041; 12-20-2006 by Ord. No. 3799]

§ 155-121. Times for public hearings; notice.

No public hearings on proposed amendments will be held during the month of August. [Amended 6-18-2003 by Ord. No. 3679; 12-20-2006 by Ord. No. 3799]
The time and place of public hearings on proposed amendments will be fixed by the Board by vote at a regular or special meeting.[Amended 3-18-1987 by Ord. No. 3041]
Notice.
1. The Board will cause prompt notice of such public hearings to be given as follows:
  1. By publishing notice of the time and place of the public hearing once a week for two successive weeks in an official paper or a paper of general circulation in the township.
  2. By mailing a notice thereof to every resident or association of residents of the township who shall have registered their names and addresses for this purpose with the Township Secretary.
  3. By posting a notice thereof on the property for which the change is sought.
  4. By mailing a notice thereof to every owner of property within 500 feet of the property(ies) involved. [Added 3-18-1987 by Ord. No. 3041]
2. Such notice shall state the general nature of the proposed amendment as well as the time and place of the public hearing.

§ 155-122. Procedure at public hearing.

At the time scheduled for the public hearing, the following procedure will be followed:
1. Petitions will be heard in the order of their filing.
2. The presiding officer will announce the hearing.
3. The Planning Director will describe the location and boundaries of the area included in the petition or the area the classification of which is proposed to be changed by the Board of Commissioners. He will explain the differences between the district regulations existing and the district regulations as requested or proposed to be changed and will answer questions regarding the foregoing matters.
4. The petitioner or his attorney or representative may submit evidence in support of the petition. He may produce such testimony as he chooses but the presentation of his case must be completed within 30 minutes, except by special permission of the Board.
5. Evidence in opposition to the petition will be received from any citizen or party in interest or his attorney or representative. Opposition testimony must be completed within 45 minutes, except by special permission of the Board.
6. In rebuttal, the petitioner or his attorney or representative may answer points raised by opponents of the requested amendment, but no new subject matter may be introduced and such rebuttal must be completed within 15 minutes, except by special permission of the Board.
7. Questions and comments by any citizen present or any civic association or other organization will be permitted at the conclusion of the foregoing testimony, when special permission is granted by the Board.
8. The Board will take the matter under advisement.
After the conclusion of a pubic hearing on a requested amendment, no additional evidence will be received by the Board nor will any further communication, either written or oral, be considered by the Board, unless a further public hearing is scheduled.

§ 155-123. Reserved. [Amended 12-20-2006 by Ord. No. 3798]

§ 155-124. Decision of Board of Commissioners. [Amended 9-21-1983 by Ord. No. 2033]

The Board of Commissioners will, after considering the testimony and argument presented, either approve the granting of the petition, modify it or reject it completely. An ordinance approved and adopted by the Board shall take effect and be in force from and after its approval as required by law. If a petition for an amendment is declined, the Board will not entertain another petition covering the same or substantially the same area and requesting the same change in zoning classification for a period of one year, unless the Board concludes that there has been such a material change in the character and circumstances of the neighborhood that an earlier consideration is warranted.

ARTICLE XXV
General Regulations

§ 155-125. Public utility corporations.

This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations if, upon petition of the corporation, the Public Utility Commission shall after a public hearing decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

§ 155-126. Reduction of lot area.

No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed, except as provided under § 155-127 hereof.

§ 155-127. Averaging of lot sizes. [Amended 8-14-1976 by Ord. No. 1772; 5-18-1977 by Ord. No. 1794]

Subject to the limitations set forth in this section, the area of individual lots in a subdivision or land development may be varied from the minimum lot area requirements of this chapter by order of the Board of Commissioners if it finds that the relief requested is in the interest of effective land planning, because it will provide one or more of the following benefits:
1. Preservation and protection of natural land features, including trees and other attractive amenities, open space or floodplain areas, steep slopes and other environmentally fragile areas (beyond the limitations imposed by other regulations).
2. Dedication of land for parkland or other recreational purposes or preservation and protection of historic sites or facilities.
Relief under this section will not be granted unless the Board of Commissioners makes a finding as required by Subsection A above, as to which the applicant shall have the burden of proof. Relief will not be granted for the convenience of the applicant or his economic benefit. Relief shall be denied if the Board of Commissioners finds that the proposed averaging will have an adverse effect upon the public health, safety or welfare, and the applicant shall have the burden of proving that no such adverse effect will occur.
Relief under this section will be granted only when a tract of land to be subdivided or developed contains at least five acres and such tract is located in an R 1, R A or R AA Residence District, and, further, the area of the individual lots may be varied from the minimum area required for such districts, provided that the area of no lot may be reduced to an area less than 27,000 square feet in R 1 Residence Districts, 39,000 square feet in R A Residence Districts or 75,000 square feet in R AA Residence Districts and that the average of the areas of the individual lots within the subdivision shall not be less than the minimum required for the district and that no land of such size as to be capable of further subdivision under the applicable district regulations shall be included in determining the average lot area, unless the possibility of such further subdivision is eliminated either by a deed restriction or agreement in form acceptable to the Township Solicitor and duly recorded in the office of the Recorder of Deeds of Montgomery County, or by transfer of development rights to the township, or by dedication for park purposes. In the case of any lot approved under this provision, all requirements of the district regulations shall apply, other than lot area per family.
The subdivision or land development must be carried out in strict accordance with the plan as approved by the Board of Commissioners.

§ 155-128. Rear lot development. [Amended 5-15-1985 by Ord. No. 2071; 2-18-1987 by Ord. No. 3034]

In any residential subdivision made under the provisions of Chapter 135 of the Code of the Township of Lower Merion or with respect to any presently existing residentially zoned lot, the Board of Commissioners may authorize the creation of narrow lots as a conditional use subject to the following regulations:

The minimum lot width of the lot at the building line shall be the minimum lot width required at the street line for lots in the zoning district in which the lot is located. Minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street and shall extend the full depth of the building, plus an additional 25 feet.
An applicant shall not be permitted to increase the number of conforming lots permitted in a subdivision through the use of narrow lots. [Amended 9-18-1990 by Ord. No. 3206]
Every narrow lot shall include at least 20 continuous feet along the street line, and such connection to the street shall extend at no less than that width to the point at which the narrow lot reaches the lot width required by the zoning district in which the lot is located. The area between the street line and the point at which the narrow line reaches the required lot width shall be capable of providing driveway and utility access to the lot (i.e., shall not be blocked by natural barriers, such as lakes, or slopes in excess of 25%) and shall not be excessively irregular in shape.
In calculating the lot area of a rear lot, the area between the street line and a line drawn radial thereto at the point where the lot attains the minimum lot width required in its zoning district shall not be included in applying the requirements of this chapter, except those requirements relating to impervious surfaces. [Amended 6-20-2001 by Ord. No. 3614]
The Board of Commissioners shall designate which of the required yards shall be the front yard for rear lots.
The Board of Commissioners shall find that the creation of a narrow lot or narrow lots shall be in accordance with the land use goals and requirements contained in this chapter and in Chapter 135 of the Code of the Township of Lower Merion.
Any rear lot approved by conditional use shall connect to the adjacent sanitary sewer, when and if it is installed, even though the building may be more than 200 feet away. [Added 2-16-1994 by Ord. No. 3348]

§ 155-129. Corner vision obstruction.

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained and no vehicles shall be parked or other obstacle be placed so as to cause danger to traffic on a street by obscuring the view.

§ 155-130. Regulation of fences and walls. [Amended 12-18-1985 by Ord. No. 2093; 10-17-1990 by Ord. No. 3209; 2-17-1993 by Ord. No. 3309; 9-15-1999 by Ord. No. 3538]

No fence or wall, except a retaining wall or a wall of a building permitted under the terms of this chapter, over eight feet in height shall be erected within any of the required side or rear yard setbacks nor over six feet in height within the required front yard setback for the principal building in the district in which the property is located.
1. When a fence or wall exceeding four feet in height is erected within the required front yard setback, measured from the street line, the entire fence or wall shall contain openings therein equal to 75% or more of the area of the fence or wall.
  1. An existing fence or wall exceeding four feet in height, and less than 75% open, in the required front yard setback may be replaced if the applicant can demonstrate that the fence conformed to the Zoning Code when it was installed.
2. When a fence or wall exceeding six feet in height is erected within any required side or rear yard setback, the entire fence or wall shall contain openings therein equal to 75% or more of the area of the fence or wall, unless either of the following conditions exist: [Amended 1-18-2006 by Ord No. 3770]
  1. Where a property abuts a railroad the portion of the fence or wall abutting the railroad is not required to be open.
  2. Where a residential property abuts a commercial property, provided that the portion of the fence above six feet is at least 50% open.
When the Board of Commissioners finds that a significant need is met by the erection of the fence, the Board of Commissioners may approve a higher solid fence within the required front, side and rear yard setback when such a fence is requested in conjunction with the approval of a development plan.
All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.
All fences or walls erected within the front yard setback shall provide an operable gate with a minimum width of 36 inches to provide access to the area between any fence or wall and the cartway of the abutting street, and the property owner is responsible for maintaining this area. There shall be a minimum of one operable gate for each street frontage and at least one operable gate for every 500 feet of fencing along a street.

§ 155-131. Air-conditioning equipment.

Air-conditioning equipment (excluding self-contained window air-conditioning units) shall not be placed in the required front, side or rear yards, except that such equipment may be placed in the required front or rear yard when authorized as a special exception and, in the required side yard as permitted by § 155-135 (A) Projections. [Amended 6-19-2002 by Ord. No. 3647]

§ 155-132. Display of temporary signs.

Temporary signs of mechanics, painters, artisans and contractors must be displayed visibly where a building is being erected, altered or otherwise improved. Such signs shall comply with the requirements of § 155-93.1J(1) hereof.

§ 155-133. Conversion of dwellings. [Amended 3-18-1981 by Ord. No. 1949; 2-16-1994 by Ord. No. 3351; 9-20-1995 by Ord. No. 3401; 9-18-1996 by Ord. No. 3427]

The Zoning Hearing Board may authorize as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families in R AA, R A, R 1, R 2, R 3, R 4, R 5 and R 6 Residence Districts, subject to the following requirements:
1. The minimum lot area requirement for the district in which the designated lot is located shall be provided for each family unit in the proposed converted dwelling.
2. The yard and building area requirements for the district in which the building is located shall not be reduced.
3. There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
4. The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building and may prescribe such further conditions and restrictions with respect to the conversion and use of such building and to the use of the lot as the Zoning Hearing Board may consider appropriate.
5. One of the units must be and remain owner occupied as the primary residence of the owner, except for subsidized apartment housing as permitted by this chapter. [Added 2-16-1994 by Ord. No. 3351]
6. The property shall comply after conversion with the impervious surface requirements for a single-family dwelling in the district in which the property is located. [Added 2-16-1994 by Ord. No. 3351]
(Reserved)
Adult day care. The Board of Commissioners recognizes that the elderly and certain disabled persons are in need of day-care facilities because they cannot function well without assistance, and their caregivers cannot provide this assistance during daytime hours. Such facilities can be conveniently located in a residential setting, provided that regulations are adhered to which will preserve the residential character of the neighborhood, will assure that proper care is given in a setting which does not become overcrowded and will protect the privacy of abutting property owners from the potentially intrusive effect of an abutting institutional use. Considering these purposes, the Board of Commissioners may authorize as a conditional use the conversion of an existing dwelling in an R 7 Zoning District into an adult day-care facility, subject to the following requirements and the provisions set forth in § 155-141.2 hereof: [Added 9-20-1995 by Ord. No. 3401]
1. The adult day-care facility shall serve participants who are 60 years of age or older or who are 18 years of age or older and have poststroke dementia or Parkinsonism or a dementia disease such as Alzheimer's or other organic brain syndrome.
2. The Board of Commissioners specifically finds that the provisions of § 155-141.2 hereof have been met.
3. Area and width regulation. The area and width requirements under § 155-37A must be met for each adult day-care facility.
4. A buffer area, as defined in § 155-4 of this chapter, shall be provided along the full length of all side and rear lot lines. The buffer area shall be not less than 20 feet in width. The Board of Commissioners may authorize a reduction in the buffer if the adjacent properties are also owned by the applicant. The applicant must also comply with the landscape design standards, site maintenance and guaranty provisions of Chapter 101, Natural Features Conservation, §§ 101-10 and 101-11.
5. Vehicular access must be gained directly from and to a primary, secondary or tertiary street as shown on the Official Highway Map, or from a minor street if the point of access is within 200 feet of a primary, secondary or tertiary street and the applicant establishes that the major portion of the traffic created by the use will access the property from that direction.
6. A minimum five-hundred-foot separation distance shall be provided between lots used for another adult day-care facility, a community residential program or an alternative housing option for the elderly.
7. A maximum of 45 participants shall be permitted in an adult day-care facility. This limitation shall not include staff.
8. There shall be a minimum of 50 square feet of floor space for each participant.
9. Vehicles with a capacity exceeding 24 occupants shall not be permitted to drop off or pick up participants.
10. Outdoor lighting shall be restricted to prohibit glare onto surrounding properties.
11. The applicant must demonstrate that adequate parking for participants and staff and adequate areas for all delivery and pickup activities can be provided. The following are the minimum requirements:
  1. One parking space for each employee working at the facility.
  2. One parking space for each participant who will drive to the facility.
  3. One visitor parking space for every 15 participants.
  4. Adequate driveway and stacking space to accommodate one vehicle for every five adult participants measured from the location where participants are dropped off. If the applicant can demonstrate that the arrival times will vary, the stacking may be reduced to one vehicle for every 10 participants.
  5. No parking shall be permitted in the front yard setback.
  6. A handicap accessible dropoff/pickup area shall be provided near the entrance to the building.
12. Parking, loading, unloading, ingress and egress may be provided on the adjacent property, subject to the following conditions.
  1. The adjacent property must be owned by the applicant.
  2. The adjacent property must provide adequate ingress and egress for the proposed use.
  3. The required driveways and parking on the adjacent lot are available during the hours of operation of the facility.
  4. The required areas are within 200 feet of the building used for adult day care.
  5. The applicant must enter into an agreement with the township that if the adjacent property is no longer available for parking or ingress and egress, the applicant must install the required improvements or cease the use of the adult day-care facility.
13. If the facility is to accommodate more than 20 persons or if the Board of Commissioners determines it to be necessary to its decision, the applicant shall perform a traffic study satisfactory to the township and provide improvements needed to ensure safe ingress and egress.
14. The conditional use approval granted for this use shall expire six months after the building ceases to be occupied as an adult day-care facility as herein provided, and the dwelling shall then revert to a use permitted in the district in which it is located.
15. Participants shall not be permitted to stay overnight.
16. The facility must be licensed with the Commonwealth of Pennsylvania Department of Aging as an older daily living center prior to the issuance of an occupancy permit.
A building may, upon the grant of a conditional use by the Board of Commissioners pursuant to § 155-141.2, be converted to a mandated emergency services use in any commercial zoning district subject to the following provisions: [Added 9-18-1996 by Ord. No. 3427]
1. There shall be no expansion to the existing building.
2. There shall be no increase to the existing impervious surface on the property.
3. The organization or agency must maintain tax-exempt status under Section 501 (C)(3) or (4) of the Internal Revenue Code, as amended.
4. A minimum two-mile separation distance shall be provided between like emergency mandated service facilities.
5. Outdoor lighting must be restricted to eliminate glare onto surrounding properties.
6. One parking space must be provided for each 200 square feet of office area. Additional parking and maneuvering space for volunteers and emergency equipment must be provided based upon the number or size of the vehicles anticipated. The required parking must be provided on the existing impervious surface.
7. Land-based sirens shall not be operated.
8. Signage shall be limited to that otherwise permitted in the zoning district in which the emergency facility is located.
9. All emergency vehicles, except those immediately available for use, shall be stored at all times in a fully enclosed building.
10. No motor repair or body work may be performed at the site. Routine maintenance may be performed, but only within a fully enclosed building.
11. Existing pervious surface between the existing building and the side and rear property line shall be planted to provide a buffer when abutting a residential use or district.
12. The applicant shall demonstrate that any increase in traffic and any use of abutting streets by emergency vehicles shall not adversely impact local traffic conditions or represent a danger to the community.

§ 155-134. Projections in front yards. [Amended 10-18-2000 by Ord. No. 3584; 12-21-2005 by Ord. No. 3762]

No building and no part of a building shall be erected within or project into the front yard, except cornices, eaves, gutters or chimneys, any of which may project up to 18 inches. Steps and canopies over entrances may project into the front yard up to four feet. The length along the supporting wall of a projecting canopy over an entrance may not exceed eight feet, or a maximum of two feet beyond the door opening, whichever is less. The canopy may also include up to two supporting columns.

§ 155-135. Projections and accessory buildings in side yards.

Projections. [Amended 10-18-2000 by Ord. No. 3584; 6-19-2002 by Ord. No. 3647]
1. No building and no part of a building shall be erected within or project into the side yard, except cornices, eaves, gutters or chimneys, any of which may project up to 18 inches.
2. Steps and canopies over entrances may project into the side yard up to four feet. The length along the supporting wall of a projecting canopy over an entrance may not exceed eight feet, or a maximum of two feet beyond the door opening, whichever is less. The canopy may also include up to two supporting column. [Amended 12-21-2005 by Ord. No. 3762}
3. Heating, Ventilating and Air Conditioning (HVAC) equipment may be erected in a side yard provided the equipment complies with all of the following provisions:
  1. No part of the equipment is permitted more than four (4) feet from the building.
  2. No part of the equipment is permitted less than four (4) feet from the lot line.
  3. The noise level from the equipment does not exceed the lower of 60 decibels, or the noise level generated by the best available HVAC technology, measured at the property line. At the time of permit application the applicant must provide the sound specifications for the unit to be installed to demonstrate compliance with the noise level limitations. If required, this must be accomplished through the use of sound mediation measures acceptable to the Director of Building and Planning.
Accessory buildings and structures. An accessory building or structure may be erected in the side yard not closer than 10 feet to the side lot line in R AA, R A, R 1 and R 2 Residence Districts and five feet in other residence districts, provided that such building is entirely separated from the principal building by a minimum distance of 10 feet, is located farther back from the front street line than the rearmost portion of the principal building, is 15 feet or less in height, and has a building area no larger than 600 square feet. [Amended 3-20-1991 by Ord. No. 3230; 11-15-1995 by Ord. No. 3405; 5-19-2004 by Ord. No. 3711]

§ 155-136. Projections and accessory buildings in rear yards.

Projections. No building and no part of a building shall be erected within or project into the rear yard, except cornices, eaves, gutters or chimneys projecting not more than 18 inches, steps and canopies over entrances projecting not more than four feet. The length along the supporting wall of a projecting canopy over an entrance may not exceed eight feet, or a maximum of two feet beyond the door opening, whichever is less. The canopy may also include up to two supporting columns. In the case of a lot held in single and separate ownership at the effective date of this chapter in which the distance from the rear line of the lot to the line fixed by the front yard requirement as herein provided is less than 75 feet, a portion of the principal building not wider than 20% of the width of the lot may project not more than 10 feet into the rear yard. Where the principal building is an attached dwelling, the following projections shall also be permitted: [Amended 10-18-2000 by Ord. No. 3584; 6-20-2001 by Ord. No. 3613; 12-21-2005 by Ord No. 3762]
1. An open deck may be erected up to 10 feet into the required rear yard setback.
2. An open deck may be erected in the rear yard setback up to the side property line at which a common party wall exists.
3. If there is a common rear driveway/easement or alley serving the attached dwellings, the deck must be set back a minimum of five feet from the edge of the driveway/easement or alley.
4. Decks installed under this provision shall not project into a required buffer area.
5. Where the deck is raised above a space used for parking, the deck shall be constructed to provide a minimum clearance for a vehicle six feet eight inches high to enter such space, and may not otherwise interfere with that use.
Accessory buildings and structures. An accessory building or structure may be erected in the rear yard not closer than 10 feet to the rear lot line in R AA, R A, R 1 and R 2 Residence Districts and five feet in other residence districts, provided that such building is entirely separated from the principal building by a minimum distance of 10 feet, is located farther back from the front street line than the rearmost portion of the principal building, is 15 feet or less in height, and has a building area no larger than 600 square feet. [Amended 3-20-1991 by Ord. No. 3230; 11-15-1995 by Ord. No. 3405; 5-19-2004 by Ord. No. 3711]

§ 155-137. Building height requirements; exceptions. [Amended 9-20-1989 by Ord. No. 3162; 10-17-1990 by Ord. No. 3208; 5-19-2004 by Ord. No. 3710]

Residence districts. [Amended 12-21-2005 by Ord. No. 3762]
1. One & Two Family Dwellings. Where the maximum permitted height of a building is 35 feet, that height may be exceeded by up to 10 feet, provided all of the following conditions are met:
  1. The roof slope must exceed eight units vertical for each 12 units horizontal.
  2. The depth of the front, side and rear yard setbacks for that limited potion of the building area directly over which the roof creates a building height of between 35 and 40 feet shall be increased one foot for every one foot, or portion thereof, by which the building height exceeds 35 feet, up to 40 feet.
  3. The depth of the front, side and rear yard setbacks for that limited potion of the building area directly over which the roof creates a building height of between 40 and 45 feet shall be increased four feet for every one foot, or portion thereof, by which the building height exceeds 40 feet.
2. Other Buildings. The depth of the front, side and rear yard setbacks shall be increased one foot for each foot or portion thereof by which the building height exceeds 35 feetin height.
Commercial and manufacturing and industrial districts.
1. Front yard. The depth of the front yard shall be increased beyond the required front yard 1/2 foot for each foot or portion thereof by which the building exceeds 35 feet in height, beginning with the story in which the height of 35 feet is exceeded.
2. Rear yard. The depth of the rear yard shall be increased 1/2 foot for each foot or portion thereof by which the building exceeds 35 feet in height.
3. Side yard. The width of the side yard, where required, shall be increased 1/2 foot for each foot or portion thereof by which the building exceeds 35 feet in height.
4. Distance requirements. The distance between two or more buildings on the same lot shall be a minimum of 35 feet or no less than the height of the taller building, whichever is greater.
Reduction of building area and impervious surface coverage for buildings, other than one and two family dwellings, in excess of 35 feet. The maximum building area and impervious surface coverage shall be decreased 1/4 of 1% of the lot area for each foot or portion thereof by which the building exceeds 35 feet in height. [Amended 12-21-2005 by Ord. No. 3762]

§ 155-138. Hard-surfaced sporting or other physical recreation areas. [Amended 12-19-1979 by Ord. No. 1884; amended 8-3-2005 by Ord. No. 3751]

No tennis court or other hard-surfaced area designed or intended to be used for sporting or other physical recreation activities shall be constructed in the required front, rear and side yards in residence districts, commercial districts or manufacturing and industrial districts. [Amended 3-15-2006 by Ord. No. 3773]
No artificial turf playing field shall be constructed in any required yard in residence districts, commercial districts or manufacturing and industrial districts; except an artificial turf field may be constructed in that portion of the front yard setback occupied by an existing playing field as of the effective date of this ordinance. [Amended 3-15-2006 by Ord. No. 3773]
Artificial turf playing fields shall not be considered as impervious surface if the Artificial field is designed to be permeable and the applicant can demonstrate that the stormwater runoff coefficient of the artificial playing surface is less than or equal to grass and the drainage system is maintained to continue this runoff coefficient in the opinion of the Township Engineer.

§ 155-139. Residential outdoor lighting.

In residence districts, any permitted illumination of signs, buildings, structures, tennis courts or other open areas shall be subject to the following regulations:

Floodlighting or high-intensity lighting shall be selected and installed so that only the sign, building, structure, tennis court or other open area on a lot is directly illuminated.
Floodlighting or high-intensity lighting shall be so aimed or shielded that the light shall not be directed onto any adjacent lot.
Floodlighting or high-intensity lighting over 150 watts shall be located so that the glare or reflection visible from a street or residence adjacent to the sign, building, structure, tennis court or other open area being illuminated shall not be greater than one footcandle at the property or boundary line.
No floodlighting or high-intensity lighting, except surveillance, security, decorative or safety lighting, shall be permitted after 11:00 p.m.

§ 155-140. Prohibited uses. [Amended 6-16-1993 by Ord. No. 3327]

No building may be erected, altered or used and no lot or premises may be used for any trade, processing or business which is noxious, offensive or a public nuisance by reason of odor, dust, smoke, gas, vibration, illumination, noise or the emission of electronic or magnetic waves, or which constitutes a public hazard, whether by fire, explosion or otherwise.

§ 155-141. Certificates of occupancy.

New buildings. No building hereafter erected shall be occupied or used in whole or part until a certificate of occupancy shall have been issued by the Director of Building and Planning certifying that such building conforms to the provisions of this chapter. [Amended 1-19-2002 by Ord. No. 3631]
Buildings hereafter altered. No building hereafter so enlarged or so altered as to change its classification and no building hereafter altered for which a certificate of occupancy has not been heretofore issued shall be occupied or used in whole or in part until a certificate of occupancy approved by the Director of Building and Planning shall have been issued. [Amended 1-19-2002 by Ord. No. 3631]
Existing buildings. Nothing in this chapter shall prevent the continuance of the lawful use and occupancy of a lawful existing building, except as may be necessary for the safety of life or property. Upon written request from the owner, there shall be issued a certificate of occupancy for an existing building certifying, after verification by inspection of the Director of Building and Planning, the occupancy or use of such building. Whenever a property has been inspected by the Codes Administrator, a certificate of occupancy shall be issued, provided the building and/or use comply with the provisions of this chapter. [Amended 1-19-2002 by Ord. No. 3631]
Change of occupancy. No change of occupancy or use shall be made in a building hereafter erected or altered that is not consistent with the last issued certificate of occupancy for such building unless a permit is secured. In case of an existing building, no change of occupancy or use that would bring it under some special provision of this chapter shall be made unless the Director of Building and Planning finds, upon inspection, that such building conforms substantially to the provisions of law with respect to the proposed new occupancy and use and a certificate of occupancy is issued therefor. [Amended 1-19-2002 by Ord. No. 3631]
Applications. Applications for certificates of occupancy shall be submitted in such form as the Director of Building and Planning may prescribe, shall contain such information as may be required by him and shall be verified by affidavit. Application for a certificate of occupancy shall be made at the time that application is made for a building permit or before any physical work is done. [Amended 1-19-2002 by Ord. No. 3631]
Contents of certificate. In addition to the certification as to compliance with the provisions of this chapter, the certificate of occupancy shall state the purposes for which the building may be used and any special stipulations of the permit. A certificate of occupancy issued to the owner or agent of any building hereafter erected or altered in accordance with any variance or special exception granted by the Zoning Hearing Board shall include a description of such variance or special exception.
Issuance and filing. A certificate of occupancy shall be issued within 10 days after application if the building at the time of application shall be entitled thereto. A record of all certificates shall be kept in the Township Building. [Amended 11-18-1992 by Ord. No. 3302]

§ 155-141.1. Antennas. [Added 11-20-1985 by Ord. No. 2092; amended 10-15-1986 by Ord. No. 3022; 6-19-1991 by Ord. No. 3244]

In R AA, R A, R 1, R 2, R 3, R 4, R 5, R 6, R 6A and R 7 Residence Districts, antennas are permitted as accessory uses only and are subject to the following regulations:
1. No more than one conventional and one satellite dish antenna is permitted per lot. Any person, partnership, corporation or association maintaining an antenna on a lot occupied by multiple tenants, condominium and/or homeowners, whether residential, commercial or industrial, shall make this antenna available to serve all such occupants.
2. Ground-mounted antennas are permitted only on that side of the principal building where the rear yard is located. If usable satellite signals cannot be obtained from such rear yard, the antenna may be located on the side yard, provided that a special accessory use permit is obtained prior to such installation. Antennas must be set back from side and rear property lines a minimum distance equal to the height of the antenna.
3. Antennas may not exceed 13 feet in height.
4. Roof-mounted antennas are permitted by right, subject to the provisions set forth under Subsection D below.
5. Use of the antenna is limited to the lot on which it is located.
6. Where a ground-mounted antenna is in full view of adjoining properties, plantings, designed to ameliorate the visual impact or to provide a partial visual screen, as approved by the Shade Tree Division of the Public Works Department, will be required.
7. In R 3, R 4, R 5, R 6, R 6A and R 7 Residence Districts, the provisions of Subsection A(1), (2), (3) and (5) above shall not apply to franchisees using antennas to provide cable television service within the township, except that such antennas may not exceed 23 feet in height. [Added 2-17-1993 by Ord. No. 3310]
In the CO, CL, C 1, C 2 and M Districts, antennas are permitted as accessory uses only and are subject to the following regulations:
1. Roof-mounted antennas are permitted by right subject to the provisions set forth under Subsection D below.
2. Ground-mounted antennas are permitted only on that side of the principal building where the rear yard is located, but not within any required yard area for the principal building. Antennas must be set back from side and rear property lines a minimum distance equal to the height of the antenna.
3. Antennas may not exceed 13 feet in height.
4. Where a ground-mounted antenna is in full view of adjoining properties, plantings designed to ameliorate the visual impact or to provide a partial visual screen, as approved by the Shade Tree Division of the Public Works Department, will be required.
5. The provisions of Subsection B(2) and (3) above shall not apply to franchisees using antennas to provide cable television service within the township, except that such antennas may not exceed 23 feet in height. [Added 2-17-1993 by Ord. No. 3310]
A Lower Merion Township building permit must be obtained before an antenna is installed. The adequacy of the proposed anchoring must be certified by a registered professional engineer.
In the event that usable signals cannot be received by locating the antenna on the rear or side yard of the property, such antenna may be roof-mounted, provided that a special accessory use permit is obtained prior to such installation and provided that it is screened from view from public thoroughfares. Such permit shall be issued notwithstanding the view from a public thoroughfare upon a showing by the applicant that usable satellite signals are not receivable from any location on the property other than the location selected by the applicant. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.
Legislative intent.
1. Antennas provide users with a wide variety of video programming which may be unavailable from other sources. The Board of Commissioners recognizes this valuable means of telecommunications.
2. The Board of Commissioners also recognizes its duty to protect the health and welfare of the community through the police powers, specifically the zoning power, delegated to the Board of Commissioners by the commonwealth. The Board of Commissioners desires to provide for the use and enjoyment of antennas by township residents while protecting the safety and health of the residents and preserving the character of the community property values and general appearance of the township.
3. The Board of Commissioners finds that:
  1. Antennas are a valid accessory use in residential districts. As accessory structures are limited to rear yards by other sections of this chapter, antennas should also be placed in rear yards. This requirement will enhance the appearance of the residential neighborhoods of the township and preserve property values.
  2. Limitations on the number of antennas on residential lots will provide individual property owners with access to antenna technology while minimizing the impact on the appearance of the neighborhood.
  3. Limitation on the size of the antenna to 13 feet will enable property owners to use antennas large enough to assure adequate video reception while prohibiting antennas which are unnecessarily large and unsightly.
  4. Roof-mounted antennas may pose a health and safety danger to the community. Improperly installed antennas may become unstable and fall, causing personal injury and property damage. Even properly installed antennas may become damaged by high winds or other adverse weather conditions and present a health and safety hazard. Installation of roof-mounted antennas will be limited to those buildings in which the property owners have, in general, taken precautions to protect residents and passersby from injury due to falling objects. In addition, this limitation will also enhance community appearance and preserve property values.

§ 155-141.1.1. Wireless communication facilities. [Added 11-15-1995 by Ord. No. 3406; amended 5-20-1998 by Ord. No. 3489]

In recognition of the quasi-public nature of wireless communication systems, the following special regulations shall apply:

Purposes. The purposes of this section shall be as follows:
1. To accommodate the need for wireless communication facilities while regulating their location and number in the township.
2. To minimize adverse visual effects of wireless communication facilities and support structures through proper design, siting and vegetative screening.
3. To avoid potential damage to adjacent properties from support structure failure and falling ice, through engineering and proper siting of support structures.
4. To encourage the joint use of any new support structures to reduce the number of such structures needed in the future.
Definitions. For the purposes of this section, the definitions in § 140-2 shall apply.
Use regulations.
1. A wireless communications facility with support structure shall be a permitted use of land in all commercial zoning districts and the M Manufacturing and Industrial Districts, except for land otherwise used for a day-care, preschool, primary and secondary school facility. In residence zoning districts, a wireless communication facility with support structure is permitted only if the property is owned by the Township of Lower Merion and used for municipal purposes or if the property is a cemetery use conducted on a lot of at least 10 acres in size. [Amended 9-15-1999 by Ord. No. 3539; 12-20-2000 by Ord. No. 3594]
2. An attached wireless communication facility is a permitted use in all zoning districts.
3. If the application is for a wireless communication facility on a new support structure, then a special exception from the Zoning Hearing Board will be required.
4. All other uses ancillary to a wireless communication facility (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless communication facility site unless otherwise permitted in the zoning district in which the wireless communication facility site is located.
5. No wireless communication facility with support structure shall be permitted on a lot which is nonconforming as to size, and no more than one such support structure shall be permitted on any lot. [Added 12-16-1998 by Ord. No. 3508]
6. No more than one wireless communication facility visible from a lot line of the property on which it is located shall be permitted on any lot unless multiple facilities are collocated on a single support structure. [Added 12-16-1998 by Ord. No. 3508]
General standards applicable to all wireless communication facilities.
1. Height restrictions.
  1. Attached wireless communication facilities.
    1. Antenna array on any attachment structure must be more than 35 feet above ground on all sides of the structure and are prohibited on all structures 35 feet or less in height.
    2. The height from grade of the antenna array may not exceed the height from grade of the attachment structure by more than 20 feet.
    3. If a wireless communication facility or its appurtenances extend above the primary roof of any attachment structure, they must be set back one foot from the edge of the primary roof for each one foot in height above the primary roof which the wireless communication facility extend unless the facility is appropriately screened from view through the use of panels, walls or other screening techniques approved by the township. Setback requirements shall not apply to a wireless communication facility which is mounted on the exterior of an attachment structure below the primary roof, and which does not protrude more than 18 inches from the side of such attachment structure.
  2. Wireless communication facilities with support structure.
    1. The maximum height of any wireless communication facility shall be 200 feet.
    2. The applicant shall demonstrate that the wireless communication facility with support structure is the minimum height required to function satisfactorily within the applicant's grid. No such facility that is taller than this minimum height shall be approved, except to facilitate collocation.
    3. The measurement of height for the purpose of determining compliance with these requirements shall be from grade and shall include the support structure itself, the base pad and any facilities attached thereto.
2. Setbacks from base of support structure. If a new support structure is constructed (as opposed to mounting the wireless communication facility on an existing support structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or ROW line shall be the largest of the following:
  1. In residence zoning districts, all wireless communication facilities with support structure shall be set back a minimum distance equal to the height of the wireless communication facility with support structure. If the support structure is self-collapsing, the setback may be reduced to 50 feet, plus one foot for each additional foot in height above 100 feet, provided that it is placed within the setback envelope at a location which the Director of Building and Planning determines will make it least visible from a property or ROW line. [Amended 1-19-2002 by Ord. No. 3631]
  2. In Commercial and Manufacturing Zoning Districts, all wireless communication facilities with support structure shall be set back a minimum distance of 25 feet, plus one foot for each additional foot in height above 100 feet. In no case shall the set back from a Residential Zoning District be less than that required if the property were zoned residential.
  3. These setback provisions shall not apply to township property.
  4. Setback requirements may be modified by conditional use if the Board of Commissioners finds that placement of a wireless communication facility with support structure in a particular location will reduce its visual impact, for example, if adjacent to trees or a structure which may provide a visual screen.
3. Support structure safety. The applicant shall demonstrate that the proposed wireless communication facility and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
4. Stealth design. Wireless communication facilities shall be of stealth design, as required by the township, and must comply with the following standards relating to aesthetics, placement, materials and colors:
  1. Attached wireless communication facilities shall be designed and maintained so as to blend in with the existing structure to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility and use of compatible or neutral colors.
  2. Attached wireless communication facilities shall be screened in a reasonable and achievable manner.
  3. Wireless communication facilities with support structure shall be designed so as to blend in with the existing surroundings feasibly, including the use of compatible colors and disguised structures.
  4. Equipment facilities shall, to the extent practicable, use materials, colors and textures that blend in with the natural setting and built environment.
Special standards applicable to all wireless communication facilities other than micro facilities.
1. Fencing. A fence shall be required around the wireless communication facility with support structure and other equipment unless the wireless communication facility is mounted on an attachment structure. The fence shall be a maximum of eight feet in height and shall conform to the provisions of § 155-130.
2. Landscaping. The applicant shall submit a planting plan with its application, preserving existing vegetation on and around the site to the greatest extent possible. The township will utilize the guidelines of the Natural Features Conservation Code, Chapter 101, prior to granting approval.
3. In order to reduce the number of wireless communication facilities with support structure in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communication service providers and police, fire and ambulance companies.
4. Support structures shall meet all Federal Aviation Administration (FAA) regulations. No support structure may be artificially lighted except when required by the FAA.
5. Variance. If a variance is requested from the Zoning Hearing Board from any of the requirements of this section, in addition to the normal application requirements, the application for variance shall include the following:
  1. A description of how the applicants' construction plan addresses any adverse impact which might occur as a result of approving the variance.
  2. A description of off-site or on-site factors which mitigate any adverse impacts which might occur should the variance be granted.
  3. A technical study which documents and supports the criteria submitted by the applicant upon which the request for variance is based. Such technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed variance and its relationship to the surrounding ROW and properties.
  4. For a variance to the setback requirement, the application shall identify all property where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.
Standards of special exception approval. If an applicant requires a special exception, it must comply with the provisions of § 155-114 as well as the following:
1. Using technological evidence, demonstrate that the wireless communications facility must go where it is proposed in order to meet the community's need for wireless communication services not presently being met by any wireless communications provider. [Amended 12-20-2000 by Ord. No. 3594]
2. Demonstrate that a good faith effort was made to mount antenna array on an existing structure. The applicant shall submit proof that it contacted the owners of tall structures within a one-fourth-mile radius of the site proposed, asked for permission to install the facility on those structures, offered market compensation to such owners and was denied. This would include smokestacks, water towers, tall buildings, support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall, feasible and structurally sound structures.
3. Provide evidence satisfactory to the Zoning Hearing Board that the stealth design of the wireless communication facility effectively minimizes its visual impact and blends with its surroundings.
4. A plan shall be required for all wireless communication facilities showing the antenna array, support structure, building, fencing, buffering, access and such other information as the township may require to illustrate the relationship between the proposed facility and adjacent structures and property lines.
5. Comply with the general standards of approval for all wireless communication facilities as set forth herein.
6. The owner of any new support structure shall be required to accommodate other users on the support structure, provided that the structure is capable of supporting the additional facilities, the prospective user offers fair market rent and the operation of the additional facilities will not interfere with other communications facilities.
Nonconforming wireless communications facilities. Wireless communication facilities in existence on the date of the adoption of this subsection, which do not comply with the requirements of this section, shall be subject to the provision of § 140-10.

§ 155-141.2. Conditional use application procedure and standards. [Added 2-16-1988 by Ord. No. 3077]

All applications for conditional uses shall be processed as follows:
1. The Director of Planning shall receive such applications on forms which the Director shall provide and with such fee as may be set by the Board of Commissioners.
2. The Director of Planning shall forward the application to the Planning Commission for its review and recommendation.
3. The Planning Commission shall promptly forward its recommendations to the Director of Planning for distribution to the Building and Planning Committee of the Board of Commissioners.
4. The Building and Planning Committee shall review the application and the recommendation of the Planning Commission and shall promptly forward its recommendation to the Director of Planning for distribution to the Board of Commissioners.
5. The Building and Planning Committee or the entire Board shall hold a public hearing on the application.
6. The Board of Commissioners shall render a decision on the application which shall be in writing, shall contain findings and reasons for the adjudication and which shall be mailed to the applicant or his agent within 15 days thereafter.
7. If the conditional use application is a part of a subdivision or land development application, the applications may be considered simultaneously, and the procedure to be followed for consideration of the conditional use application shall be that provided for in Chapter 135, Subdivision and Land Development.
The Board of Commissioners may grant approval of a listed conditional use under any district, provided that the following standards and criteria are complied with by the applicant for the conditional use. The burden of proving compliance with such standards and criteria shall be on the applicant.
1. The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the community development objectives as stated in Article I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.
2. The applicant shall establish by credible evidence compliance with conditions for the grant of conditional uses enumerated in that section which gives the applicant the right to seek a conditional use.
3. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall preserve the character of the neighborhood.
4. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same.
5. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval is properly designed with regard to internal circulation, parking, buffering and all other elements of proper land planning.
6. The applicant shall provide sufficient plans, studies or other data to demonstrate compliance with the regulations for the permitted use or other such regulations, as may be the subject of consideration for a conditional use approval.
7. The Board of Commissioners shall impose such conditions as are advisable to ensure compliance with the purpose and intent of this chapter, which may include, without limitation, planting and buffers, harmonious design of buildings, protection of watercourses, environmental amenities and the elimination of noxious, offensive or hazardous elements.
Standards of proof. [Added 3-15-2000 by Ord. No. 3560]
1. An applicant for a conditional use shall have the burden of establishing both:
  1. That his application falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and
  2. That allowance of the conditional use will not be contrary to the public interest.
2. In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will:
  1. 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.
  2. Be in accordance with the Lower Merion Township Comprehensive Plan.
  3. Provide the required parking required under Article XX or as otherwise provided for in other applicable provisions of this chapter.
  4. 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.
  5. Otherwise adversely affect the public health, safety, morals or welfare.
3. In all cases, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that the applicant has satisfied the criteria set forth in Subsection C(1)(a) of this subsection. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsection C(2) of this subsection or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C(2) of this subsection, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that allowance of a conditional use will not be contrary to the public interest with respect to the criteria so placed in issue.

§ 155-141.3. Separation requirements. [Added 5-17-1989 by Ord. No. 3154]

Legislative intent. Certain uses in the various zoning districts, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others of their property if concentrated in the same neighborhood. The Board of Commissioners has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses. Thus the essential nature of the various districts can be maintained while providing a broad level of inclusion for the variety of uses that enrich our community.
No permitted use allowed conditioned upon compliance with this subsection shall be located on a lot, any portion of which is closer to another lot lawfully used for a permitted use allowed conditioned upon compliance with this subsection than a distance determined by multiplying by 20 times the required street frontage for a single-family dwelling in the district in which the use is located. This section shall be construed to prevent an existing lawful use from being rendered unlawful by the application hereof.

§ 155-141.4. Historic districts. [Added 9-16-1992 by Ord. No. 3298]

The protrusion of a required yard in an historic district may be permitted by the Board of Commissioners as a conditional use if the purpose of the addition is to restore the building to its previous historic configuration, provided that the addition is approved by the Board of Historical Architectural Review.

§ 155-141.5. Impervious surface expansion. [Added 11-18-1992 by Ord. No. 3302; amended 10-20-1993 by Ord. No. 3337]

Legislative intent. In the interest of public health, safety and welfare, the provisions of this section and the impervious surface regulations, in general, are intended:
1. To minimize stormwater runoff, street flooding and stream bank and soil erosion caused by the conversion of undeveloped, porous surfaces to impermeable ground cover.
2. To maximize groundwater recharge and maintain the base flow of streams and watercourses, thereby ensuring both the quantity and quality of groundwaters and surface waters.
3. To protect the township from development which may cause a subsequent expenditure for public works and disaster relief affecting the well-being of the township and its residents.
4. To protect the residents from property damage and personal injury due to runoff, flooding and erosion attributable to nearby development.
5. To restrict erosion and sedimentation impacts and the alteration of natural drainage patterns, aggravating flooding both in the immediate area and in downstream areas.
6. To relate the intensity of development to the ability of the natural and man-made environment to support it.
7. To provide relief to those lots in existence prior to October 17, 1990.
A lot legally in existence on October 17, 1990, which was then legally covered with an impervious surface within 1% of the maximum impervious cover permitted by this chapter, or which then became nonconforming to such impervious cover provisions, may expand the impervious cover on such lot by a maximum of 1% of the lot area, unless the expansion qualifies under Subsection C below. The benefits of this expansion shall not be available with respect to any lot created or modified after October 17, 1990.
The impervious surface on any lot in a residential zoning district used exclusively as a dwelling may exceed the maximum permitted in the underlying zoning district by an additional 5% of the lot area, or 1,500 square feet, whichever is less provided all of the following requirements have been met: [Amended 1-19-2002 by Ord. No. 3631; 11-16-2005 by Ord. No. 3758]
1. The additional five percent (5%) impervious surface shall not be permitted on any lot where a new principal building has been constructed within the prior ten years, or, where, during that same period, an addition has been added to the principal building following the demolition of more than seventy five percent (75%) of its building area.
2. One hundred percent (100%) of the direct volume of storm water runoff from the additional impervious surface is recharged for a one-hundred year storm event:
3. The design and location of the recharge system must be approved by the Township Engineer. The Township Engineer may require that a percolation test be submitted with the permit application showing rates sufficient to empty the system within 24 hours. Construction may not disturb steep slopes, woodlands or any area within the drip line of trees greater than fifteen inches dbh. Disturbance of trees between six inches and fifteen inches diameter at breast height is prohibited if an alternative location for the recharge system is feasible. Every tree between six inches and fifteen inches diameter at breast height that is removed must be replaced on the lot with one three inch minimum caliper tree selected from the list of recommended trees set forth in § A177-1, or comparable tree approved by the Township Arborist. If the lot can not accommodate all of the additional trees, the excess trees shall be planted on publicly owned land after receiving approval from the public entity having ownership.
4. If site conditions prohibit on-site recharge, the expansion shall not be permitted.
5. A covenant running with the land shall be recorded requiring the property owner to maintain the recharge basin at all times so that it will operate as designed.
6. The property owner shall provide to the Township a certification from a qualified engineer every two years that the storm water management system required by this section has been inspected and is functioning as designed.
Public schools. In expanding a building used for public school purposes, the maximum permitted impervious surface in the underlying zoning district applicable to the lot on which the building is located may be exceeded by up to 5% on lots less than 40 acres, and by up to 5%, or up to 32% of the area of such lot, whichever is greater, on lots 40 acres and over. However, the additional volume of stormwater runoff generated during a one-hundred-year storm event by any expansion in excess of the maximum otherwise permitted must be recycled to the extent practicable and otherwise fully recharged, subject to the judgment and approval of the Township Engineer. [Added 9-18-2002 by Ord. No. 3653; amended 8-3-2005 by Ord. No. 3751]
If the total area of wood decks exceeding 200 square feet, when added to the existing impervious surface on a property, exceeds the impervious surface limits permitted in the underlying zoning district without regard to the expansion permitted by § 155-141.5C above, a stormwater management system meeting the requirements of § 155-141.5C shall be installed. [Added 9-25-2006 by Ord. No. 3790]

§ 155-141.6. Common driveways; impervious surface allocation. [Added 9-16-1998 by Ord. No. 3496]

For the purpose of determining the amount of impervious surface on a lot served by a common driveway, the total impervious surface of that common driveway shall be allocated evenly among the lots served, unless it is otherwise allocated in a recorded covenant approved by the township and binding on the properties affected, in which case such recorded allocation shall control.

§ 155-141.7. Vehicle Lifts [Added 4/16/2007 by Ord. No. 3815]

A vehicle lift shall only be permitted as an accessory use on property otherwise lawfully used as a motor vehicle sales agency, and solely for the purpose of vehicle display. Vehicle lifts shall only be operated by an employee of the sales agency displaying the motor vehicle. Vehicle lifts shall also be subject to the following regulations:

The minimum setback from any street line shall be 100’.
The minimum setback from any property line abutting a residentially zoned property used for residential purposes shall be 20’.
A row of trees designed to screen the lift and any supported vehicle shall be installed between the lift and the street.
A row of trees designed to screen the lift and any supported vehicle from adjacent properties shall be installed between the lift and adjacent properties.
The lift may not be raised to a height in excess of ten (10) feet above grade.
The storage spaced provided on or under a vehicle lift shall not be counted as a parking space required under this chapter.
The area underneath a vehicle lift shall be considered building area for purposes of compliance with building area limitations under this chapter.

ARTICLE XXVI
Open Space Preservation District
[Added 12-19-1990 by Ord. No. 3222]

§ 155-142. Legislative intent.

In the interest of the public health, safety and welfare, the provisions of this article are intended to:

Provide an effective means of responding to site conditions for the preservation of floodplains, wetlands, streams, valleys, woodlands and other natural and scenic features and historic resources in a manner consistent with township policy.
Provide for the creation, retention and protection of historic sites and open space areas within the township.
Provide an opportunity to attain the objectives of the township's Open Space Study, Historic Sites Comprehensive Mapping Project and Comprehensive Plan with regard to open space preservation, orderly growth and enhancement of environmental resources.
Encourage innovation and to promote flexibility, economy and ingenuity in the residential development of large tracts, including subdivisions and land developments.

§ 155-143. District established.

The Open Space Preservation District is defined and established to include and be an overlay upon all parcels five acres or larger within any residential district designated on the Lower Merion Township Zoning Map.
All property within the district used or intended to be developed for residential purposes shall comply with the provisions of this article.

§ 155-144. Conditional uses.

Authorization to develop a tract pursuant to the requirements of the underlying residential district (conventional development), rather than the Open Space Preservation District, may be granted by the Board of Commissioners as a conditional use pursuant to § 155-141.2, provided that the applicant proves compliance with the standards and criteria set forth in § 155-141.2 and, in addition thereto, establishes the following:

That conventional development will preserve natural and scenic features, historic sites and historic resources to a degree equal to or greater than development under the Open Space Preservation District would permit. The applicant may be required to protect such features, sites and resources from further development with appropriate covenants running with the land. Where development of less than the entire parcel is intended or where the parcel is intended to be developed at less density than conventional development would permit, the applicant may be required to file a development plan for the entire parcel pursuant to § 135-17C(12) or may be required to restrict further subdivision and/or development on the remainder of the tract by recorded covenant or agreement.
That the applicant has achieved the open space preservation goals set forth in § 155-142 by deed restriction, conveyance of a perpetual conservation easement to a recognized nonprofit corporation established for that purpose or by any other means of facility ownership set forth in § 155-148.

§ 155-145. General regulations.

A building may be erected or used and a lot may be used or occupied only for a purpose permitted in R AA Residence Districts and for the following residential uses:
1. Single-family detached dwellings.
2. Single-family semidetached dwellings.
3. Two-family detached dwellings.
4. Townhouses.
5. Apartment and other multifamily dwellings, as conversions of structures listed on the township's Inventory of Historic Structures. Reconstruction, alteration or restoration of historic structures shall conform to the current requirements of the United States Secretary of the Interior's Standards for Rehabilitation.
Common open space and preservation areas. A development in this district shall provide for common open space and for preservation within the common open space. The area of common open space shall be at least as great as the minimum size of the preservation area required by this Article.
Natural features and historic sites. The applicant shall establish that development, including site improvement, lot design and open space configuration, preserves natural features and environmentally sensitive areas in accordance with Chapter 101, Natural Features Conservation, preserves historic sites and in all other respects complies with Article V, General Standards, of Chapter 135, Subdivision and Land Development.

§ 155-146. Development standards.

The following standards shall apply to development in this district:

Density. The maximum number of lots and/or dwelling units shall be determined by the yield map, developed as part of the tentative sketch plan requirements, § 135-16.
Perimeter setback. Structures shall be situated so as to maintain a minimum setback from any tract property line equivalent to the front yard setback of the underlying district.
Lot area; setbacks; lot width. The applicant may, but shall not be required to construct residential units on individual lots. Where development is lotted out, minimum lot areas, setbacks and lot width shall not be required, provided that the minimum standards set forth herein are met:
Building separation. Individual structures must have sufficient separation to meet applicable fire protection codes.
Building length or depth. The greatest dimension in length or depth of a new structure containing three or more dwelling units shall not exceed 120 feet. No more than six units shall be allowed in a new structure. [Amended 5-21-2003 by Ord. 3676]
Access to common open space and preservation areas. All dwelling units shall have access to common open space and preservation areas without the obstruction of intervening lots, structures, fences or other impediments to pedestrians. The Board of Commissioners may by conditional use grant relief from the provisions of this sub-section, subject to the following conditions: [Amended 1-19-2005 by Ord. 3733]
1. An existing residence on the tract being developed is listed on the Township’s Historic Resource Inventory. If the Historic Resource is subsequently removed from the Inventory, any restriction on access to the common open space and preservation area which the Board of Commissioners may have granted shall be removed.
2. The lot or lots containing an historic resource on the tract being developed contain(s) all of the preservation area required by this subsection.
3. The preservation area provided is greater by 20% than what would otherwise be required by this Article.
4. The number of lots created is at least 20% fewer than the number of lots permitted by the yield plan developed as part of the tentative sketch plan requirements under this Article.
5. All of the lots in the development meet or exceed the minimum lot size requirements of the underlying zoning district.
6. If an existing historic resource is later removed, any portion of the historic resource used to calculate required open space must remain as open space.
7. A declaration of covenants, subject to the approval of the Township Solicitor, shall be recorded binding all of the lots in the development to the development limitations of this sub-section and prohibiting the subdivision of the tract into a greater number of lots.
8. Any existing public right of way, or equestrian link on the property to trails maintained by the Bridlewild Trails Association, or similar entity, shall be documented and preserved by a recorded covenant and the use thereof continued.
Inclusion of historic sites in preservation areas. Historic sites and their cultural landscapes may be included as part of the required preservation area, subject to compliance with requirements of this article.
Cultural landscape delineation and protection. Cultural landscapes required to preserve an historic site's integrity shall be maintained. The Board of Commissioners shall delineate what areas shall be included in the required cultural landscape.
Buffer requirements. Natural areas or buffers shall be required for all proposed development in accordance with the requirements of Chapter 101, § 101-9, Minimum planting standards, § 101-10, Landscape design standards, and § 101-11, Site maintenance and guaranty.
Viewsheds. The applicant shall identify and preserve viewsheds of natural features and cultural landscapes.
Detention, retention and sewage disposal areas. Detention or retention areas or land used for surface or subsurface sewage disposal and holding or settlement ponds, and utility easements may be included as part of the common open space. Easements satisfactory to the Board of Commissioners shall be established to enable maintenance of such facilities by the appropriate parties.

§ 155-147. Preservation area requirements.

Each tract shall contain a preservation area to be included in the common open space which shall meet the following minimum net area requirements: [Amended 3-18-1998 by Ord. No. 3480]
1. Fifty percent when the preservation area is entirely contained on a parcel(s) not intended for residential development or on a single parcel containing the entire residential development.
2. Sixty percent in all other cases.
Land designated as preservation area shall conform to the following:
1. Preservation areas shall preserve and protect the tract's significant natural features, cultural landscapes and historic sites.
2. No more than 75% of the preservation area shall be comprised of designated flood hazard districts, wetlands or slopes in excess of 25%.
3. Any area designated as a preservation area shall be no less than one acre or less than 75 feet in width or have a ratio of the longest to shortest dimension exceeding 4 to 1, except areas which serve as public pedestrian or equestrian links and/or preserve a viewshed or scenic corridor. No structures or impervious surface shall be counted towards the preservation area requirements, except as permitted in § 155-146, Development standards.
4. There shall be no more than three noncontiguous preservation areas.
5. Preservation areas may be used for the following:
  1. Woodland, meadow, wetland, watercourse, wildlife sanctuary or similar conservation-oriented area.
  2. Park, pedestrian or equestrian trails or outdoor recreation area.
  3. Pasture land, open field or lawn.
  4. Class I and Class II Historic Resources, but not in excess of 20% of the required preservation area, and subject to such requirements as the township shall determine necessary to preserve and maintain the historic resource, including the removal of the area occupied by the historic resource from the common access requirements of this article. [Added 3-15-2000 by Ord. No. 3560]

§ 155-148. Common open space and facility ownership and maintenance standards.

To ensure adequate planning for operation and maintenance of common open space, preservation areas, recreation facilities, sewage facilities, central water supply facilities, stormwater management facilities, common parking areas and driveways, private streets and any other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply:

Preservation. Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement or other agreement in a form acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds of Montgomery County.
Maintenance. A plan for the disposition, use, maintenance and insurance of the common open space, including provisions for funding, shall be provided to and approved by the Township Solicitor prior to preliminary plan approval. The Board of Commissioners may permit or require all or portions of common open space or common facilities be divided among one or more individual lots and may confer responsibility for maintenance of such upon the owner(s) of such lot(s).
Use. Common open space shall be available for use by those having an ownership interest in the tract as developed. Portions of the common open space may be designated for use by the general public. The Board of Commissioners may by conditional use grant relief from the provisions of this sub-section subject to all of the conditions for the grant of conditional use set forth in §155-146(F). [Amended 1-19-2005 by Ord. No. 3733]
Ownership. The following methods may be used, either individually or in combination, to own common facilities: condominium ownership, fee simple dedication to public agency, dedication of easements to the township, fee simple dedication to a private conservation organization, transfer of easements to a private conservation organization and/or homeowners' association. Common facilities shall not be eligible for transfer to another entity except for transfer to another method of ownership permitted under this section, and then only where there is no change in the common facilities. Ownership methods shall conform to the following:
1. Condominium. Common facilities shall be controlled with condominium agreements. Such agreements shall be approved by the Township Solicitor and be in conformance with the Uniform Condominium Act of 1980. All land and facilities shall be held as "common element."
2. Fee simple dedication to a public agency. The township or other public agency acceptable to the township may, but shall not be required to, accept any portion of the common facilities. The township shall have the right to accept at any time and from time to time the dedication of land or any interest therein for public use, provided that:
  1. Any common facilities are accessible to the residents of the township.
  2. There is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance).
  3. The township or other public agency acceptable to the township agrees to and has access to maintain such common facilities.
3. Transfer of easements to a public agency. The township or other public agency acceptable to the township may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:
  1. Any common facilities are accessible to the residents of the township.
  2. There is no cost of easement acquisition (other than any costs incidental to the transfer of ownership, such as title insurance).
  3. A satisfactory maintenance agreement is reached between the owner and the township.
4. Fee simple dedication to a private conservation organization. Any owner may dedicate any portion of the common facilities to a private, nonprofit conservation organization, provided that:
  1. The organization is acceptable to the township and is a bona fide conservation organization with perpetual existence.
  2. The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
  3. A maintenance agreement acceptable to the township is established between the owner and the grantee, in accordance with § 155-148E, Maintenance and operation of common facilities.
5. Transfer of easements to a private conservation organization. Any owner may transfer easements on common facilities to a private, nonprofit conservation organization, provided that:
  1. The organization is acceptable to the township and is a bona fide conservation organization with perpetual existence.
  2. The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
  3. A maintenance agreement acceptable to the township is established between the owner and the grantee, in accordance with § 155-148E, Maintenance and operation of common facilities.
6. Homeowners' association. Common facilities shall be held in common ownership by a homeowners' association, subject to all the provisions set forth herein and in Section 705-f of the Pennsylvania Municipalities Planning Code. In addition, the homeowners' association shall be governed according to the following:
  1. The owner or applicant shall provide to the township a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.
  2. The organization shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units within the development.
  3. Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
  4. The organization shall be responsible for maintenance of and insurance on common facilities.
  5. The members of the organization shall share equitably the costs of maintaining, insuring and operating common facilities.
  6. The owner or applicant for any tract proposed to contain common facilities shall arrange with the County Board of Assessment a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities. Where this alternative is not utilized, the organization shall be responsible for applicable real estate taxes on common facilities.
  7. Written notice of any proposed transfer of common facilities by a homeowners' association or the assumption of maintenance for common facilities must be given to all members of the organization and to the township no fewer than 30 days prior to such event.
  8. The organization shall have or hire adequate staff, as necessary, to administer, maintain and operate common facilities.
Maintenance and operation of common facilities.
1. The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common facilities. Said plan shall:
  1. Define ownership;
  2. Establish necessary regular and periodic operation and maintenance responsibilities; and
  3. Estimate staffing needs, insurance requirements and associated costs, and define the means for funding the same on an ongoing basis.
2. During the first year following final plan approval, the applicant may be required to escrow sufficient funds for the maintenance and operation of common facilities for up to one year.
3. In the event that the organization established to own and/or maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the township may serve written notice upon such organization, and upon the residents and owners of the uses relating thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this chapter, in which case the bond, if any, may be forfeited, and any permits may be revoked or suspended. The township may enter the premises and take corrective action.
4. The costs of corrective action by the township shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The township, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the county upon the properties affected by such lien.

ARTICLE XXVIA
Historic Resource Overlay District
[Added 3-15-2000 by Ord. No. 3560]

§ 155-149. Legislative intent.

It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures and sites of historic, architectural, cultural, archaeological, educational and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Lower Merion Township. To that end, a separate zoning district is hereby created to overlay all other zoning districts in the township. The provisions of this article, coupled with the provisions of Chapter 88, are intended to:

Promote the general welfare by protecting the integrity of the historic resources of Lower Merion Township.
Establish a clear and public process by which proposed land use changes affecting historic resources can be reviewed.
Discourage the unnecessary demolition of historic resources.
Provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
Encourage the conservation of historic settings and landscapes.
Promote retention of historical integrity in the context of proposed land use and/or structural changes.
Identify historic resources in the community and to create an Historic Resource Inventory, to the end that the portion of such resources available to public view might be preserved.

§ 155-150. Applicability; Historic Resource Inventory.

The provisions of this article shall apply to all Class I and Class II Historic Resources approved by the Board of Commissioners and identified on the Historic Resource Inventory appended to the Lower Merion Township Code as Chapter A180. The properties identified on the Historic Resource Inventory shall constitute an overlay to the Township Zoning Map. The receipt by the township of written notification from the designating organization that the resource no longer meets its criteria shall be treated as a proposal for the removal of that resource from the Historic Resource Inventory.

§ 155-151. Permitted uses.

The following uses and no other shall be permitted in the Historic Resource Overlay District:

Any use permitted in the underlying zoning district in which the property is located.
Uses permitted on properties designated as a Class I Historic Resource:
1. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which property obtains access from any street, may, in addition to the uses permitted in Subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from either the Board of Historical Architectural Review or the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners:
  1. Bed-and-breakfast, subject to the following conditions:
    1. Dwellings with a gross habitable floor area of less than 2,500 square feet are not eligible for this use.
    2. A maximum of five guest suites shall be permitted in any one bed-and-breakfast establishment, with a maximum of 15 guests.
    3. There shall be no kitchen or cooking facilities in any guest suite.
    4. The use of any amenities provided by the establishment, such as swimming pool or tennis courts, shall be restricted in use to guests staying at the establishment.
    5. Off-street parking spaces shall be provided at a rate of one space per guest suite plus the regularly required parking for any other permitted use.
  2. Cultural studio, subject to the following conditions if located in a residential zoning district:
    1. The use shall be limited to one class at a time with not more than 10 students in the class and not more than two instructors.
    2. The property owner, or the manager or lessor of the studio, must reside on the premises.
  3. Gallery, museum, antique or gift shop, subject to the following conditions if located in a residential zoning district:
    1. The area devoted to the use shall be limited to 3,000 square feet.
    2. The property owner, or the manager or lessor of the facility, must reside on the premises.
  4. Historic resource home occupation, with the provision that one additional off-street parking space is required when the home occupation includes one or more employees.
  5. Accessory apartment. This use may be conducted in a structure accessory to the principal dwelling on the property, rather than within the principal dwelling, provided the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory. This use is subject to the following: [Amended 7-16-2008 by Ord. No. 3857]
    1. The accessory apartment can be the only other single family dwelling unit on the property.
    2. Two off street parking spaces shall be required for the accessory apartment.
  6. A Class I building in a residential zoning district presently being put to a non-conforming, non-residential use may be converted to a multi-family use, provided each dwelling unit shall have no fewer than 1,250 square feet of occupied area. [Added 7-16-2003 by Ord. No. 3683]
    1. The area within the perimeter of the building measured at grade level may be expanded by up to 25% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 250 feet.
    2. The area within the perimeter of the building measured at grade level may be expanded by up to 50% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 500 feet.
2. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which obtains access from a primary, secondary or tertiary street, and which is not located in a local historic district may, in addition to the uses permitted in Subsection A above, be used for any one of the uses permitted in Subsection B(1) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where the facility is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises.
  1. Professional office, limited to one employee per 500 square feet of gross habitable floor area devoted to professional office use.
  2. Artist studio or crafts workshop employing not more than three persons. Such crafts shall include model making, rug weaving, lapidary work, furniture making and similar crafts.
  3. Academic or technological research facility, not including a biological, medical or chemical laboratory with a limit of one employee per 500 square feet of gross habitable floor area devoted to the facility use.
  4. Food preparation or catering facility not involving food consumption, employing not more than three persons on the premises.
3. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which obtains access from a primary or secondary street, and which is not located in a local historic district, may in addition to the uses permitted in Subsection A above be used for any one of the uses permitted in Subsection B(1) or B(2) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where a facility permitted by Subsection B(3)(a), (b) or (c) below is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises.
  1. Personal service shop, including tailor, barber, beauty salon, dressmaking or similar shop, but not including dry cleaning or laundromat, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the service shop use.
  2. Repair services, including small appliances, small business machines, watches, household furnishings, shoes, bicycles and locks, but shall not include automobile, truck, motorcycle or lawnmower repair, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the repair service use.
  3. Artist studio or crafts workshop producing objects which may be sold at retail on the premises, employing not more than three persons with a total of not more than 24 retail visits per day. Such crafts shall include model making, rug weaving, lapidary work, furniture making and similar crafts.
  4. Convalescent home, personal care facility or home for the aged on a parcel having a gross lot area of at least three acres. The requirements of § 155-141.3 shall apply.
  5. Community center. [Added 2-20-2002 by Ord. No. 3633]
Uses permitted on properties designated as a Class II Historic Resource. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class II Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which property obtains access from any street, may, in addition to the uses permitted in Subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners:
1. Historic Resource Home Occupation, provided that:
2. Accessory apartment. This use may be conducted in a structure accessory to the principal dwelling on the property, rather than within the principal dwelling, provided the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory. This use is subject to the following: [Amended 7-16-2008 by Ord. No. 3857]
For all uses permitted in § 155-151B and C which are located in a residential zoning district, the following regulations shall apply:
1. To the extent that they are visible from neighboring properties, new off-street parking areas for guests, students, employees, patients or clients shall be completely screened by plant material, or a combination of plant material, fencing or berms, to a height of at least five feet.
2. There shall be no use of show windows or display or advertising visible outside the premises, other than a single, nonilluminated sign not exceeding two square feet.
3. The hours of operation for the uses listed in § 155-151B(1)(b) and (c), (2) and (3)(a) and (b) shall be limited to no more than 12 hours between the hours of 7:00 a.m. to 9:00 p.m.
4. No use shall be permitted which generates noise perceptible at the property line.
5. Site lighting shall be designed to screen the source of illumination and glare from adjacent properties.
6. Special events which will generate an unusual volume of traffic beyond that normally generated by a permitted use on a daily basis, such as fund-raising events, recitals, stage performances, lectures and exhibitions, are prohibited unless specifically allowed by conditional use, in which case the applicant shall have the burden of proving that the public interest will be protected considering the criteria set forth at § 155-114C.
7. No square footage added to a property after January 1, 2000, may be used in the calculation of gross habitable floor area for purposes of this section.
Where a proposed use is permitted by Subsection B above, and is also permitted in the underlying district by special exception, conditional use application to the Board of Commissioners shall be made in accordance with this section in lieu of a special exception application to the Zoning Hearing Board. [Amended 2-20-2002 by Ord. No. 3633]
Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property which is located in a residential zoning district upon which a Class I or Class II Historic Resource is situated, on which a lawful nonconforming use is located, and which obtains access from a Primary or Secondary Street as designated on the Official Highway Map of the Township in the Comprehensive Plan of 1979, Volume II, may, in addition to the uses permitted in Subsection A above, continue to be used and designated as a legally conforming use, subject to obtaining a recommendation from either the Historical Commission or Board of Historical Architectural Review, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners. The provisions of this Section shall only be applicable to a property or properties held in single ownership as of the effective date of this Ordinance, and further subject to the following conditions: [Added 7-29-2009 by Ord. No. 3886; Amended 2-18-2010 by Ord. No. 3905]
1. Such use must be permitted by right, as a conditional use, or by special exception within one of the residence districts as listed in § 155-5A.
2. Any new buildings, additions to existing buildings, or expansion of use on the property must meet the bulk requirements of the underlying zoning district with respect to yard setbacks, building area, impervious surface and height, except to the extent such property is already nonconforming or to the extent modified pursuant to the provisions of §§ 155-141.5 and 155-152.
3. Buffer area shall be a minimum of 20 feet in width along the side or rear property lines with an additional one foot in width added for every 1,000 square feet (or portion thereof) of new or expanded floor area in excess of 7,000 square feet of habitable floor area, with a maximum buffer area requirement of 50 feet. Any existing improvements that project into the required buffer area may remain, provided that they were lawful when built.
4. Site lighting shall be designed to shield the source of illumination to prevent glare on adjacent properties.
5. Any convalescent home, personal care facility or home for the aged shall be permitted only on a property having a gross area of at least three acres.
6. The provisions of this section shall not apply to Class I or Class II property located in a Local Historic District.
7. Off-street parking shall be provided at a rate of six tenths (.6) parking spaces for each bed in the case of a Sanatorium, nursing home, convalescent home or home for the aged. All other provisions of Article XX Off-Street Parking Facilities shall apply that are not in conflict with this requirement.

§ 155-152. Bulk, area and setback requirements.

Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, the requirements applicable to the underlying zoning district relating to building area, impervious surfaces and front, side and rear yard setbacks may be modified by up to 15% with respect to Class I and Class II Historic Resources, subject to obtaining a recommendation from either the Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, and to obtaining conditional use approval from the Board of Commissioners. These modifications shall apply to the area of the lot as it existed on March 15, 2000. [Amended 7-17-2003 Ord. No. 3684]

Where the requirements are modified pursuant to this section, the applicant must demonstrate to the satisfaction of the Board of Commissioners that the degree of relief is required to accommodate the reasonable development, use or enhancement of the historic resource.
The additional building area and impervious surface coverages permitted by this section may each not exceed 50% of the building area of the Historic Resource(s) subjected to the § 155-153B(4) guarantee.
Where the requested relief is determined by the Board of Commissioners to be essential to the preservation of the Historic Resource because without such relief it would not be physically or economically feasible to maintain the historic resource, the Board of Commissioners may, by conditional use, modify such requirements to a greater degree than permitted by this section to protect the Historic Resource.

§ 155-153. Specific requirements for conditional use approval.

Application procedures for conditional use approval.
1. Where the historic resource is located in a local historic district, the work of the Historical Commission under this subsection shall be performed by the Board of Historical Architectural Review.
2. An applicant seeking conditional use approval under the provisions of this article shall submit the appropriate application to the Director of Building and Planning in accordance with the provisions of § 155-141.2. The information to be provided shall include the following: [Amended 1-19-2002 by Ord. No. 3631]
  1. Name and address of the record owner and applicant (if different).
  2. Site plan showing all buildings and structures on the property.
  3. Recent photographs of the historic resource.
  4. A detailed narrative description of the proposed use(s).
  5. Any physical changes proposed for the affected historic resource(s) and their surrounding landscape.
  6. Any proposed modifications to otherwise applicable area, bulk and parking regulations.
3. The application shall be accompanied by an historic resource impact study where any land development or subdivision is proposed on:
  1. Any property that contains any Class I or Class II Historic Resource(s).
  2. Any contributing property within the boundaries of any National Register historic district or any local historic district or any historic neighborhood.
4. The Director of Building and Planning shall forward the complete application to either the Board of Historical Architectural Review or the Historical Commission and the Planning Commission in accordance with § 155-141.2. The Historical Commission (or the Board of Historical Architectural Review), at a regular or special meeting, shall review the application for conditional use and shall promptly forward its recommendations to the Director of Planning and Community Development for distribution to the Building and Planning Committee of the Board of Commissioners. In formulating its recommendations, the Historical Commission (or the Board of Historical Architectural Review) shall consider each of the criteria imposed by this section for the grant of conditional use approval. [Amended 1-19-2002 by Ord. No. 3631]
5. The Building and Planning Committee and the Board of Commissioners shall act upon the application in accordance with the provisions of § 155-141.2. The Building and Planning Committee may refer the application to a hearing officer to conduct any hearings and make recommendations to the Committee.
6. Any conditional use granted under this subsection shall expire unless a building permit to perform the work for which the conditional use was sought, or an occupancy permit to allow such use, is issued within one year after the same shall have been granted.
Criteria for the grant of conditional use approval. Where a use is permitted in an Historic Resource Overlay District by conditional use, that use shall not be granted unless the following requirements have been satisfied in addition to those set forth at § 155-141.2:
1. The applicant shall have the burden of demonstrating that approval of the application will not jeopardize the preservation of the Historic Resource(s) contained on the property subject to application. To sustain this burden the applicant shall present evidence demonstrating the following:
  1. The exact location of the area in which the work is to be done.
  2. The exterior changes to be made or the exterior character of the structure to be erected.
  3. A list of the surrounding structures with their general exterior characteristics.
  4. The effect of the proposed change upon the general historic and architectural nature of the property.
  5. The appropriateness of exterior architectural features of structures involved with the proposed work.
  6. The general design, arrangement, texture, material, scale, mass and color of any affected building, structure or site and the relation of such factors to similar features of other structures on the property.
  7. That rehabilitation work will not destroy the distinguishing qualities or character of the historic resource and its environment.
  8. In the event that replacement of contributing architectural features is necessary, the new material should, as closely as possible, match the material being replaced in kind. At a minimum, the composition, design, color, texture and other aesthetic qualities shall be sympathetic to and in character with the historic resource. In instances where original materials are either unavailable or their use economically infeasible, the Board may approve the use of materials which are aesthetically consistent with, even if not completely duplicative of, the character of the historic resource.
  9. Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.
  10. Changes which may have taken place in the course of time are evidence of the history and development of the building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
  11. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The most current version of the Secretary of the Interior's Standards for Rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the rehabilitation, alteration or enlargement of historic resource(s).
3. Where plans involving the rehabilitation, alteration or enlargement of historic resource(s) will result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety, in a manner not jeopardizing historical integrity, as per the most current construction techniques for historic structures.
4. A means to guarantee the permanent protection of the historical integrity of the subject resource(s), such as the establishment of conservation easement(s) or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.
5. The applicant shall have the burden of proving that the historical integrity of the resource has been provided for through the design of the building improvements as well as through implementation of buffering, landscaping, lighting, storage, access and traffic management, interior circulation, loading, parking, fencing, signage and all other land development features.
6. The applicant shall have the burden of proving that the grant of the application will not be destructive of the integrity of the historic resource or detrimentally affect the value of surrounding properties.
7. The applicant must comply with the parking requirements for the proposed use as set forth in this article. The Board of Commissioners may prohibit any additional parking between the right-of-way and the facade of the building if the Board finds such parking would negatively impact the historical integrity of the resource. [Amended 9-18-2002 by Ord. No. 3654]
8. The applicant must comply with the requirements of this chapter with respect to signage. The Board of Commissioners may condition approval on a reduction in the size of the signage if it finds that the permitted signage will obstruct views required to assure the safety of the public or to retain the historic nature of the property.
9. The Board of Commissioners may attach conditions to achieve the objectives set forth in this section and to promote the public health, safety and welfare, which conditions may relate to any aspect of the proposed use of the property, including but not limited to buffering, parking, signage, traffic volume and flow, hours of operation, noise and odor emission.
10. Where the Board of Commissioners waives any requirement which thereby increases the rate or volume of stormwater generated on the property, the additional rate and/or volume of runoff caused by such waiver shall be controlled for the one-hundred-year storm.

§ 155-153.1. Historic resource impact study.

The historic resource impact study shall be prepared by a qualified land planner with professional expertise in historic preservation, historical architecture or related disciplines as provided for in 36 CFR 61.
Contents. The study shall contain the following information unless the Director of Building and Planning determines them to be not pertinent to the application: [Amended 1-19-2002 by Ord. No. 3631]
1. Background information.
  1. If not otherwise provided by the applicant, a site plan, including existing structures, topography, watercourses, vegetation, landscaping, existing drives, etc.
  2. General description and classification of all historic resources located on the subject tract as shown on the site plan, or on tracts immediately adjacent to the subject tract.
  3. Statement of the significance of each Class I or II Historic Resource, both relative to the township and region in general.
  4. Sufficient number of black and white eight-inch by ten-inch photographs to show every historic resource identified in Subsection B(1) above, in its setting.
  5. Narrative description of the historical development of the subject tract.
2. Proposed change.
  1. General description and site plan of the project, including time table or phases.
  2. Description of impact on each Class I or II Historic Resource identified in § 155-153A(2), with regard to architectural integrity, historic setting and future use.
  3. General description of effect of noise and traffic and other impacts generated by the proposed change on any Class I or II Historic Resource identified in § 155-153A(2).
3. Mitigation measures. Recommendations for mitigating the project's impact on Class I or II Historic Resources, including design alternatives, buffering, landscaping, conservation of existing vegetation and any other appropriate measures permitted under the terms of the Township Code.

ARTICLE XXVII
Floodplain District
[Amended 11-19-1975 by Ord. No. 1752; 9-21-1977 by Ord. No. 1802; 1-18-1978 by Ord. No. 1810]

§ 155-154. Legislative intent.

In the interest of the public health, safety and welfare, the provisions of this article are intended:

To protect areas of the township which are subject to floodwaters and erosion.
To prevent excessive development in areas unfit therefor by reasons of flooding, erosion, unsanitary conditions and related hazards.
To minimize danger to public health by protecting water supply and natural drainage.
To promote the health, safety and welfare of township residents and property owners near rivers, streams, creeks and other areas subject to flooding and erosion.
To protect the environment and ecology within the floodplain, especially the environment and ecology of the floodplain of streams and creeks, which the Board of Commissioners finds to be much more susceptible to damage or destruction caused by development than is the environment and ecology of the floodplain of rivers.
To permit and encourage the retention of open space land uses which will be so located and utilized as to constitute an appropriate and harmonious part of the physical development of the township as provided for in the Comprehensive Plan.
To permit only that development of flood-prone areas which is appropriate in light of the probability of flood damage and the need to reduce flood losses, which is an acceptable social and economic use of the land in relation to the hazards involved and which does not increase the danger to human life.
To prohibit nonessential or improper installation of public utilities and public facilities in flood-prone areas.

§ 155-155. Definitions.

For the purposes of this article, the following words and phrases shall be construed to have the meanings set forth below:

BASE FLOOD --

The flood having a one-percent chance of being equaled or exceeded in any given year; the one-hundred-year flood.

BASE FLOOD ELEVATION --

The one-hundred-year-flood elevation.

BASEMENT --

Any area of the building having its floor below ground level on all sides. [Added 11-20-1996 by Ord. No. 3433]

DEVELOPER --

Any person, firm or corporation which performs or undertakes to perform development.

DEVELOPMENT --

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging or drilling operations; storage of equipment or materials; and the subdivision of land. [Amended 11-20-1996 by Ord. No. 3433]

FLOOD --

A general and temporary condition of partial or complete inundation of normally dry land areas by water.

FLOODPLAIN --

That land area susceptible to being inundated by water from any source and as designated on the Lower Merion Township Floodplain District Map prepared by the Township of Lower Merion. The Lower Merion Township Floodplain District Map is based on the Flood Insurance Study for the Township of Lower Merion, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency (FEMA), dated December 19, 1996, or the most recent revision thereof, and a floodplain area as shown on the Lower Merion Township Topographic Map, last revised to October 1973. Floodplain includes the floodway fringe area. Where a conflict in the designation of the floodplain, floodway and floodway fringe exists between the Federal Flood Insurance Study and as shown on the Lower Merion Township Topographic Map, that designation of the floodplain, floodway and floodway fringe which is more restrictive or prohibitive of development shall be the Floodplain District.[Amended 11-20-1996 by Ord. No. 3433]

FLOODPROOFING --

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. [Amended 11-20-1996 by Ord. No. 3433]

FLOODWAY --

A channel of a body of water and those portions of the floodplain which are reasonably required to carry and discharge deep floodwater of high velocity.

FLOODWAY AREA --

The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or source of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. [Added 11-20-1996 by Ord. No. 3433]

FLOODWAY FRINGE AREA --

The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The flood fringe is also referred to as the floodplain in this article. The basis for the outermost boundary of this area shall be the one-hundred-year-flood elevations as shown in the flood profiles contained in the Flood Insurance Study. [Added 11-20-1996 by Ord. No. 3433]

HISTORIC STRUCTURE [Added 11-20-1996 by Ord. No. 3433] --

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a Commonwealth of Pennsylvania inventory of historic places in accordance with a preservation program which has been approved by the Secretary of Interior; or
Individually listed on the township's inventory of historic places.

LOWEST FLOOR --

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter. [Added 11-20-1996 by Ord. No. 3433]

NEW CONSTRUCTION --

Structures for which the start of construction commenced on or after November 19, 1975, and includes any subsequent improvements thereto. [Added 11-20-1996 by Ord. No. 3433]

RECREATIONAL VEHICLE [Added 11-20-1996 by Ord. No. 3433] --

A vehicle which is:

Built on a single chassis;
Not more than 400 square feet measured at the largest horizontal projections;
Designated to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

SUBSTANTIAL DAMAGE --

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT --

Any reconstruction, rehabilitation, addition or other improvements of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the Director of Building and Planning and which are the minimum necessary to assure safe living conditions; or [Amended 1-19-2002 by Ord. No. 3631]
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

§ 155-156. District established.

The Floodplain District is defined and established to include that area subject to the base flood, designated on the Lower Merion Township Floodplain District Map, prepared by the Township of Lower Merion, based on the Flood Insurance Study for the Township of Lower Merion, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency (FEMA), dated December 19, 1996, or the most recent revision thereof, United States Department of Housing and Urban Development and the Lower Merion Township Topographic Map last revised to October 1973. The Lower Merion Township Floodplain District Map, the Flood Insurance Study and the Lower Merion Township Topographic Map are available to the public for inspection at the Buil;ding and Planning Department of the Township of Lower Merion. The Lower Merion Township Floodplain District Map and all notations, references and other data shown thereon are hereby incorporated by reference in this chapter as if all were fully described herein. [Amended 11-20-1996 by Ord. No. 3433; 1-19-2002 by Ord. No. 3630]
The Floodplain District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
Revision or modification.
1. The delineation of the Floodplain District, all as designated in the Lower Merion Township Floodplain District Map may be revised, amended and modified in compliance with the National Flood Insurance Program when:
  1. There are changes in the floodplain data reflecting natural or man-made physical changes; or
  2. Changes are indicated by future detailed hydrologic and hydraulic studies.
2. The procedure for revision, amendment and modification of the Floodplain District as designated on the Lower Merion Township Floodplain District Map shall be governed by the procedures and requirements of Article XXIII of this chapter. Where the revision, amendment and modification of the Floodplain District involves a revision, amendment and modification of the Floodplain District as defined by the Flood Insurance Study for the Township of Lower Merion, no such revision, amendment or modification shall become effective without the prior approval of the Federal Insurance Administrator.

§ 155-157. Permitted uses.

The following uses and no other shall be permitted in the Floodplain District:

Cultivated, forested and grazing areas according to recognized soil conservation practices.
Outdoor plant nurseries or orchards according to recognized soil conservation practices.
Wildlife sanctuary, woodland preserve or arboretum.
Game farms, fish hatcheries and reserves for the protection and propagation of wildlife, but permitting no structures.
Forestry, lumbering and reforestation according to recognized natural resources conservation practices.
Front, side and rear yards for required lot area in any district.
Normal accessory uses (except enclosed by fencing, or otherwise enclosed, freestanding structures) permitted within residential zones.
Sanitary, storm sewers and utility lines, so long as they are floodproofed.
Public, private or commercial recreational uses, including parks, picnic areas, open space, golf courses and fishing; piers, docks and floats; not to include enclosed structures, except toilet facilities meeting the requirements of § 155-160D, and any such toilet facilities shall be connected to public water and sewerage systems; not to include fences or regrading of areas, except as permitted as a special exception under § 155-159.
Outlets for sewage treatment plant effluent with the approval of the Pennsylvania Department of Environmental Resources.
Flood retention dams, culverts and bridges, approved by the Township Engineer and approved by the Pennsylvania Department of Environmental Resources for those watercourses which drain an area of more than 1/2 square mile.

§ 155-158. Prohibited uses.

Notwithstanding the rule that any use not permitted is prohibited, for the guidance of the Zoning Hearing Board and administrative officers, it is deemed appropriate to state that certain specific uses are so repugnant to the purpose of establishing and maintaining the Floodplain District that such uses listed below are specifically prohibited in said district:

All freestanding structures and buildings and retaining walls or substantial improvements (with the exception of flood retention dams, culverts and bridges as approved by the Pennsylvania Department of Environmental Resources for those watercourses which drain an area of more than 1/2 square mile), except as permitted under § 155-159 and § 155-160 as a variance or a special exception.
Because of the threat to human health and safety, under no circumstances shall variances be permitted for sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials and the production, storage or maintenance of a supply of toxic chemicals, either outside or within a structure, including but not limited to: [Amended 4-18-1984 by Ord. No. 2050; 9-19-1984 by Ord. No. 2057]
1. Acetone.
2. Ammonia.
3. Benzene.
4. Calcium carbide.
5. Carbon disulfide.
6. Celluloid.
7. Chlorine.
8. Hydrochloric acid.
9. Hydrocyanic acid.
10. Magnesium.
11. Nitric acid and oxides of nitrogen.
12. Petroleum products (gasoline, fuel oil, etc.).
13. Phosphorus.
14. Potassium.
15. Sodium.
16. Sulphur and sulphur products.
17. Pesticides (including insecticides, fungicides and rodenticides).
18. Radioactive substances, insofar as such substances are not otherwise regulated.
19. Any substance which, if it were discarded, would be a hazardous waste as defined in the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq., and the regulations promulgated thereunder.
20. Any chemical substance or mixture which is subject to the testing requirements of the Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., and the regulations promulgated thereunder.
21. Any substance which is toxic or highly toxic under the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq., and the regulations promulgated thereunder.
22. Any substance required to be registered under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 1261 et seq., and the regulations promulgated thereunder.
Sewage treatment plants.
Stopping, filling up, confining, paving or other interference with or changing the course of drains, ditches, streams and watercourses, except in strict compliance with Chapter 149, Watercourses, of this Code.
The filling of land in the floodplain and the removal of soil from the floodplain, except in accordance with § 155-160B.
Because of the threat to human health and safety, under no circumstances shall variances be permitted for the construction, enlargement or expansion of all mobile homes, mobile home parks and mobile home subdivisions; hospitals (public or private); nursing homes (public or private); and jails or prisons. [Added 4-18-1984 by Ord. No. 2050]

§ 155-159. Procedure for special exceptions and variances; duties.

All applications for special exceptions and variances as referred to in this article shall be submitted by the applicant and processed, adjudicated and issued or not issued by the Zoning Hearing Board of Lower Merion Township pursuant to the provisions and requirements of this article and pursuant to all provisions and requirements of Article XXIII of this chapter which are not in conflict with this article.
The burden of proof shall be on the applicant to meet the requirements, conditions and standards contained in this article and any applicable standards contained in Chapter 135, Subdivision and Land Development, of this Code.
All appellants shall provide the Zoning Hearing Board with a site plan at a scale of one inch equals 40 feet and a sectional profile at a scale of one inch equals four feet, showing present site conditions and proposed improvements.
In considering special exceptions, variances and appeals from administrative determinations, the Zoning Hearing Board shall render a decision based upon sound and accepted planning and engineering principles, concepts and studies.
Prior to the public hearing by the Zoning Hearing Board of an application for a variance or a special exception, the Secretary of the Zoning Hearing Board shall, over his signature, notify the applicant in writing that the issuance of a variance or special exception to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance and special exception actions as required in Subsection F of this section.
The Secretary of the Zoning Hearing Board shall maintain a record of all variance and special exception actions, including justification for their issuance, and the township shall report any such variances and special exceptions issued in its annual report to the Federal Insurance Administrator.
All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of the state and all other applicable codes and ordinances. The Zoning Officer shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law. [Added 11-20-1996 by Ord. No. 3433]

§ 155-160. Special exceptions.

The following uses may be permitted within the Floodplain District as special exceptions, pursuant to this section and § 155-114 when and if they will not conflict in any way with the stated intent of this chapter and if the use will not result in any increase in flood levels during the base flood discharge.

Paved roads, driveways and parking areas, provided that no alternative nonfloodplain locations are feasible. In the case of parking lots, no such lot shall be permitted as a special exception unless satisfactory evidence is submitted that such parking will not be used during periods of flood flow, thus posing no threat to the safety of the vehicles, their occupants or to downstream properties. Temporary parking for periods not to exceed one hour or parking for recreation uses would be examples of such exceptions. [Amended 4-18-1984 by Ord. No. 2050]
Minor changing or regrading of areas, including the filling of land and removal of soil, including walls, which will in no way contaminate, pollute, inhibit or increase the water flow or inhibit the water storage capacity of such areas.
Swimming facilities and tennis courts. [Amended 4-18-1984 by Ord. No. 2050]
[Amended 4-18-1984 by Ord. No. 2050] Development in the floodway fringe of the Schuylkill River, subject to the following restrictions to be met in a manner satisfactory to the Township Engineer. Development is not permitted in the floodway fringe of streams, creeks, lakes or ponds.
1. Structures shall not be located in the floodway.
2. Structures shall be constructed and located on the lot so as to offer a minimum of obstruction to flow of water.
3. Sewer, water and electric lines shall be floodproofed to a height of 24 inches above the base flood level, and a professional engineer or architect registered in the Commonwealth of Pennsylvania and employed by the developer shall certify to the township that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which all such sewer, water and electric lines are floodproofed shall be maintained with the Director of Building and Planning. [Amended 1-19-2002 by Ord. No. 3631]
4. Structures shall be constructed with all portions of all rooms, including basements, at least 24 inches above the base flood level.
5. Structures shall be permanently anchored so as to prevent flotation or lateral movement.
6. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. [Added 11-20-1996 by Ord. No. 3433]
On-site disposal systems, subject to the approval of the Pennsylvania Department of Environmental Resources.

§ 155-161. Variances.

The following prohibitions, requirements and considerations shall be applied by the Zoning Hearing Board in reviewing and adjudicating applications for variances in the Floodplain District:

Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon the following:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in exceptional hardship.
3. A determination that grant of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with any laws or statutes of the Commonwealth of Pennsylvania or the Code of the Township of Lower Merion or regulations of the Township of Lower Merion.
4. Adherence to the anchoring and floodproofing requirements of this article.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued in conformity with § 155-114B, C and D of this chapter.

§ 155-162. Official responsible.

The Township Manager is hereby designated the township official with the responsibility, authority and means to implement the commitments required in Paragraph (a) of Section 1909.22 of Subpart B of Part 1909 of Subchapter B of Chapter X of 24 CFR Part II, and any amendments thereto.
The Township Manager is hereby designated the township official responsible to submit an annual report to the Federal Insurance Administrator concerning the township's participation in the National Flood Insurance Program, including but not limited to the development and implementation of floodplain management regulations, and the Township Manager shall utilize annual report form (OMB No. 63-R1546) or amendments or successors thereto.

§ 155-162.1. Conflict with other portions of Code.

The provisions of all other portions of the Code of the Township of Lower Merion and of all regulations of the Township of Lower Merion shall be applicable to development regulated by this article only insofar as they are consistent with the provisions of this article and the township's needs to minimize the hazardous conditions and property damages resulting from flooding occurrences. This article shall take precedence over all other portions of the Code of the Township of Lower Merion and over all Township of Lower Merion regulations.

§ 155-162.2. Warning and liability.

The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by natural or man-made causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside the Floodplain District or that uses permitted within the Floodplain District will be free from flooding or flood damage.
The grant of a zoning or building permit or approval of a subdivision or land development plan or the issuance of a special exception or a variance in the Floodplain District does not constitute a representation, guaranty or warranty of any kind by the Township of Lower Merion or its agencies or by any official, employee or member thereof of the practicability or safety of the proposed use or structure and shall create no liability on the Township of Lower Merion, its agencies or any official, employee or member thereof.

ARTICLE XXVIII
Steep Slopes
[Added 7-20-1977 by Ord. No. 1799]

§ 155-163. Legislative intent.

In the interest of the public health, safety and welfare, the provisions of this article are intended:

To minimize runoff and soil erosion which is caused by inappropriate development of steep slope land areas.
To protect the Township from development of steep slopes of land which may cause a subsequent expenditure for public works and disaster relief which affects the economic well-being of the Township and its residents.
To protect residents from property damage and personal injury due to runoff and erosion and landslides attributable to nearby development on steeply sloping land.
To relate the intensity of development to the steepness of terrain in order to minimize grading, the removal of vegetation, runoff and erosion and to help ensure the utilization of land in accordance with its natural capabilities to support development.
To restrict sedimentation and the alteration of natural drainage patterns which may aggravate flooding both in the immediate area and in downstream areas.

§ 155-164. Application of regulations.

The requirements of all zoning districts shall be modified in accordance with the provisions of this article on all land having a slope of 10% or more as delineated on a plan which meets the requirements of a preliminary plan as specified in the Lower Merion Township Subdivision and Land Development Ordinance.

§ 155-165. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AVERAGE SLOPE --

The slope of land determined according to the formula:

        .0023
S  =   ------   x I x L
            A

Where

S is the average slope in percent.
I is the contour interval in feet.
L is the combined length in contour lines in feet.
A is the area in acres of the parcel being considered.

§ 155-166. Steep slope regulations. [Amended 2-18-1981 by Ord. No. 1940]

In every zoning district, the following regulations shall apply:

Every lot proposed for land development or hereafter created by subdivision having an average slope of at least 10% but not more than 15% shall have the minimum lot area increased by a factor of 1.3 and shall not have impervious surfaces exceeding 20% of the lot area. [Amended 11-21-1990 by Ord. No. 3212]
Every lot proposed for land development or hereafter created by subdivision having an average slope of at least 15% but not more than 25% shall have the minimum lot area increased by a factor of 1.5 and shall not have impervious surfaces exceeding 15% of the lot area. [Amended 11-21-1990 by Ord. No. 3212]
Every lot proposed for land development or hereafter created by subdivision having an average slope of at least 25% shall have the minimum lot area increased by a factor of two and shall not have impervious surfaces exceeding 10% of the lot area. [Amended 11-21-1990 by Ord. No. 3212]
All freestanding structures, buildings and substantial improvements (with the exception of driveways and utilities when no other location is feasible) are prohibited on slopes of 25% or greater. [Amended 3-18-1987 by Ord. No. 3036; 1-19-2002 by Ord. No. 3630; 5-20-2009 by Ord. No. 3882]

§ 155-167. Liability.

Neither the approval of any proposed subdivision by any officer, employee or agency of the Township of Lower Merion, nor the grant of any subdivision approval by the Board of Commissioners of the Township of Lower Merion, shall constitute a representation, guaranty or warranty of any kind by the Township of Lower Merion or by any of its officers, employees, agencies or members of its agencies of the safety or practicality of the proposed subdivision and use, and such approval or grant of approval shall create no liability on the part of the Township of Lower Merion or its officers, employees, agencies or members of its agencies.

ARTICLE XXVIIIA
Continuing Care Facilities for the Elderly
[Added 2-15-1984 as Ord. No. 2046]

§ 155-167.1. Requirements and standards.

For a continuing care facility for the elderly allowed as a special exception in an R AA, R A, R 1, R 2, R 3, R 4, R 5 and R 6 Residence District, the following requirements and standards, in addition to all other applicable requirements and standards, shall apply:
1. A minimum tract size of 25 acres shall be required.
2. The building area shall not exceed that permitted for the zoning district in force for the site where the development is to be located.
3. The height of any building shall not exceed three stories or 35 feet, whichever is less, in R AA, R A, R 1 or R 2, R 3, R 4, R 5 or R 6 Residence Districts. The foregoing height restrictions shall not apply to conversions of existing buildings to continuing care facilities for the elderly.
4. The maximum gross density for residential living units to be included in the facility shall not exceed: [Amended 9-21-2005 by Ord.No. 3755]
  1. Four and zero-tenths dwelling units per acre in an R AA, R A, R 1 or R 2 Residence District.
  2. Six dwelling units per acre in an R 3 and R 4 Residence District.
  3. Eight dwelling units per acre in an R 5 and R 6 Residence District.
5. 1. Assisted living units and nursing units within a Continuing Care Facility for the Elderly shall be permitted in addition to the maximum gross density for dwelling units specified within this Article. Such units shall be regulated by the percentages allowed and required by the definition of Continuing Care Facility for the Elderly under Section 155-4. However in no case shall the number of assisted living units exceed 70% of the total number of assisted living and nursing units permitted. [Added 9-21-2005 by Ord. No. 3755]
6. No lot line of a continuing care facility may be closer than 2,640 feet to the lot line of another such facility.
7. When the perimeter of the tract abuts a multifamily or nonresidential district, all structures shall be a minimum of 50 feet from the said perimeter.
8. When the perimeter of the tract abuts a single-family residential district, a one-hundred-fifty-foot perimeter setback area shall be required for all structures, provided, however, that where the tract abuts a parcel developed under the provisions of Article XXVI, Open Space Preservation District, the required perimeter setback shall not be less than fifty feet along any side or rear lot line which abuts the Open Space Preservation Area, if all of the following conditions are met. For purposes of this subsection, existing districts or uses shall be deemed to abut the tract even though they may be separated from the tract by a street. [Amended 9-21-2005 by Ord. No. 3755]
  1. The proposed structures are for independent residential living purposes only.
  2. The maximum number of dwelling units in a building may not exceed four.
  3. The proposed structures are less than 30 feet in height as measured at the front of the building.
  4. The total linear distance of where the setback is less than 150 feet along a side or rear lot line of the CCF and Preservation Area shall not exceed 25% of the total length of the perimeter boundary with the Preservation Area.
  5. Additional Preservation Area is designated as compensation area on the CCF property equal in size to two (2) times the area of which the 150 foot tract setback is reduced. Such new Preservation Area shall be at least 50 feet in depth; be adjacent to existing Preservation Area; and be subject to the maintenance and preservation standards required under §155-148. In addition, connections, relocations, and extensions to local trail networks, such as the Bridlewild Trail, shall be provided when applicable, even if such connection is outside of the additional Preservation Area being provided. Such trails shall be extended to public streets when applicable.
9. Screening buffers of at least 25 feet in width and consisting of trees and shrubs shall be provided adjacent to the entire perimeter of the tract. As a minimum, buffers shall consist of evergreen trees, planted in conformance with the additional requirements of Subsection A(8)(a) and (d) below, to produce a total visual screening effect, consistent with the topography, existing vegetation and use of adjacent land.
  1. The primary component of a screening buffer shall be a double row of evergreen trees, spaced 10 feet apart on center, with the trees in one row offset five feet from the trees in the other row and the rows at least five feet apart. These trees shall be not less than six feet in height at the time of planting and shall be of such species that expected height at maturity shall not be less than 20 feet.
  2. The secondary component of a screening buffer shall be either earthen mounding or the use of additional plant materials to supplement the minimum required double row of evergreen trees.
  3. Variations in the sizes and shapes of earthen mounds, which resemble natural rounded forms, are strongly encouraged. The unnaturally graded appearance of uniform, linear mounding shall be avoided. Slopes greater than 3 to 1 are prohibited.
  4. If earthen mounds are not used, additional tree planting shall be required. The number of additional trees shall be equal to 50% of the number of evergreen trees required by Subsection A(8)(a) above. These additional trees may be evergreen, flowering, shade or otherwise ornamental species, and shall be planted in accordance with a planting plan designed to soften the linear appearance of the double row of evergreen trees. The minimum size of trees when planted shall be between five to eight feet in height, and one-inch to two-inch caliper for deciduous material, depending on the type of tree, and six feet in height for evergreens, as required in Subsection A(8)(a) above.
  5. As an alternative to planting only trees as required by Subsection A(8)(d) above, large ornamental shrubs may be substituted for the additional trees in compliance with either of the following:
    1. A minimum of 50% of the trees required by Subsection A(8)(d) shall be planted.
    2. Shrubs may be substituted for the remaining trees required by Subsection A(8)(d) at a ratio of 11/2 shrubs per tree.
  6. As an alternative to the possibly linear appearance of the minimum requirements above, applicants are encouraged to provide innovative, free-form, screening buffers which need not be located entirely within the minimum required twenty-five-foot width. Such alternative buffers shall comply with the following:
    1. The minimum number of evergreen trees shall be equal to the number otherwise required as the primary component by Subsection A(8)(d) above, although they should not be placed in a linear fashion.
    2. The minimum requirements for the secondary component consisting of mounding and/or additional planting, found in Subsection A(8)(d) above, shall be adhered to.
    3. The alternative screening buffer shall be subject to the approval by the Board, upon recommendation of the Township Planning Commission, either or both of whom may seek the advice of technical experts in the review of the alternative plans.
  7. A planting plan shall be required for all screening buffers, which shall clearly show and list the locations, size, species and number of plant materials proposed to be used, categorized to show conformance with the requirements of Subsection, A(8)(a), primary component, and Subsection A(8)(d) and (e), secondary component. In addition, grading of the mounds, if used, shall also be shown using one-foot contour intervals.
  8. All plant material shall be guaranteed for two years. All plant material which dies within that time shall be replaced by the applicant at his cost.
  9. When abutting property is already effectively screened by existing topography or vegetation, the Board may waive the above requirement. When partial screening exists, the Board may require additional plantings to supplement the existing screen.
10. A lot legally improved with a Continuing Care Facility For The Elderly and which thereafter became non-conforming to the maximum impervious cover permitted by this chapter, may expand the impervious cover on that portion of the lot as separately described at the time it became non-conforming up to 8% over the maximum that would be permitted by the underlying zoning district impervious surface requirement , subject to the following requirements: [Added 9-21-2005 by Ord. No. 3755]
In districts other than R AA, R A, R 1, R 2, R 3, R 4, R 5, and R 6 Residence Districts, the requirements and standards applicable to apartment houses shall apply, except that the length or depth of buildings may exceed 160 feet by special exception.

§ 155-167.2. Parking.

The required number of parking spaces for a continuing care facility for the elderly shall be determined by the Zoning Hearing Board after taking into consideration the number of units, proposed employees and other proposed facilities.

§ 155-167.3. Criteria to be considered in granting special exception.

In determining whether or not to grant a special exception for a continuing care facility for the elderly and in determining pertinent conditions for such use, the Zoning Hearing Board shall consider the following criteria:

The long-range aims and goals pertaining to physical and social development of the Township as embodied in the Comprehensive Plan.
The integration of the proposed land use with the existing development and existing land use adjacent to the site.
The conditions and availability of adjacent streets to efficiently and safely afford movement of the volume of traffic to be generated by the proposed development.
Additional public services made necessary by the proposed development.
The amount, location and proposed use of permanent open space achieved by the development.
The preservation of trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
Accessibility of the site to public transportation.
The proximity of commercial and institutional facilities, including medical facilities for use by the residents.

ARTICLE XXVIIIB
Wooded Lots
[Added 9-18-1985 by Ord. No. 2084]

§ 155-167.4. Legislative intent.

In the interest of providing for the protection and preservation of natural resources of the Township of Lower Merion, the provisions of this article are intended to:

Preserve the natural amenities of the Township.
Encourage landowners to develop their property in such a way as to minimize destruction of existing trees.
Encourage the replanting of trees throughout the Township.

§ 155-167.5. Application of regulations.

The requirements of all zoning districts shall be modified, in accordance with the provisions of this article, on all wooded lots, as defined by this article.

§ 155-167.6. Definitions.

As used in this article, the following terms have the meanings indicated:

WOODED LOT --: Any building lot having more than one viable tree having a caliper of six inches or greater per 1,500 square feet of lot area.

§ 155-167.7. Wooded lot regulations.

In every zoning district, the following regulations shall apply:

Every wooded lot, whether created by subdivision or currently existing, shall be developed in such a manner that the number of viable trees having a caliper of six inches or greater on the lot prior to development shall not be reduced by more than 25% by such development.
Should the development plan require destruction of more than 25% of those existing viable trees having a caliper of six inches or greater, the developer shall replace those trees removed in excess of 25% with new plantings of trees having at least a four-inch caliper. The developer shall submit a plan to the Shade Tree Division of the Township Public Works Department illustrating the number and location of trees proposed to be removed and the number, species and location of trees to be planted. The planting plan will be subject to the approval of the Township Arborist.
Development plans for wooded lots shall contain information in sufficient detail to assure the Township that the requirements of this section are met.
The developer or the successor in title shall be responsible for the viability of all trees covered by these regulations for one year from the completion of the principal building.

ARTICLE XXIX
Penalties; Remedies; Charges

§ 155-168. Designation of violations.

Failure to secure a building permit or Zoning Hearing Board certificate, when required, previous to the erection, construction, extension or addition to a building, or failure to secure a use registration permit, shall be a violation of this chapter.

§ 155-169. Notice of violation. [Amended 1-19-2002 by Ord. No. 3631]

When written notice of a violation of any of the provisions of this chapter has been served by the Director of Building and Planning on the owner, agent, occupant, contractor or builder, such violation shall be discontinued immediately.

§ 155-170. Violations and penalties. [Amended 9-21-1977 by Ord. No. 1802]

Any person, partnership or corporation who or which shall violate the provisions of this chapter, and the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any person who knowingly commits, takes part in or assists in any such violation shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500 for each and every violation, and whenever such person shall have been notified by the Director of Building and Planning, by service of a summons in a prosecution or in any other way, that he is committing such violation of this chapter, each day that such violation is continued shall constitute a separate offense. [Amended 1-19-2002 by Ord. No. 3631]
In default of payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 60 days.
Such fines or penalties shall be collected as like fines or penalties are now by law collected, and all fines collected for the violation of this chapter shall be paid over to the Township.

§ 155-171. Additional remedies.

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building or land is used or any hedge, tree, shrub or other growth is maintained in violation of this chapter or of any regulations made pursuant hereto, the proper officer of the township, in addition to other remedies, may institute in the name of the township any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business or use in or about such premises.

§ 155-172. Charges. [Amended 1-19-1977 by Ord. No. 1785; 9-21-1977 by Ord. No. 1802]

Charges and fees for the following appeals, applications, petitions and certifications shall be paid as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners:

Except for challenges to the validity of this chapter, as amended, or to the validity of Zoning Maps of the Township of Lower Merion, there shall be a charge, payable in advance, for each appeal or application to the Zoning Hearing Board involving the following. Such charges shall be made to cover advertising costs, the cost of mailing notices and stenographic charges for taking notes of testimony, provided that if more than 10 pages of testimony are taken in any case, the appellant or applicant shall reimburse the township for the costs of any such additional testimony.
1. A dwelling.
2. A private educational institution, hospital, religious or philanthropic use, sanatorium, nursing home, convalescent home for the aged or other building or use not otherwise enumerated in this section, with a fee for each postponement requested by the appellant or applicant.
3. An apartment, commercial or industrial building, with a fee for each postponement requested by the appellant or applicant.
In the case of challenges to the validity of this chapter, as amended, or to the Zoning Maps of the Township of Lower Merion, there shall be a charge, payable in advance, for each appeal or application to the Zoning Hearing Board, with a fee for each postponement requested by the appellant or applicant, to cover advertising costs, the cost of mailing notices and stenographic charges for taking notes of testimony, provided that if more than 20 pages of testimony are taken in any case, the appellant or applicant shall reimburse the township for the costs of such additional testimony.
Except for challenges to the validity of this chapter, as amended, or to the validity of the Zoning Maps of the Township of Lower Merion, a charge shall be made for each petition to the Board of Commissioners requesting a change or amendment to the Zoning Maps or to this chapter, as amended, in a manner which would change or amend the Zoning Maps, if granted. Such charge shall be payable in advance and shall consist of a basic minimum charge plus an additional charge for each dwelling unit permitted under the classification requested in excess of the number of dwelling units permitted under the existing classification for each 1,500 square feet of lot area in requested commercial districts and M Manufacturing and Industrial Districts, not exceeding, however, a specified maximum charge.
In the case of challenges to the validity of this chapter, as amended, or to the Zoning Maps of the Township of Lower Merion, there shall be a charge, payable in advance, for each application to the Board of Commissioners, with a fee for each postponement requested by the applicant, to cover advertising costs, the cost of mailing notices and stenographic charges for taking notes of testimony, provided that if more than 20 pages of testimony are taken in any case, the applicant shall reimburse the township for the costs of such additional testimony.
A charge, payable in advance, shall be made for each certified statement of district classification of any property and/or compliance of any property with the provisions of this chapter.

§ 155-173. (Reserved)

§ 155-174. (Reserved)

ARTICLE XXX
Alternative Housing Options for the Elderly
[Added 6-15-1988 by Ord. No. 3097]

§ 155-175. Legislative intent.

In order to promote the general welfare and meet the specialized housing needs of the elderly, the provisions of this article are intended:

To provide for small-scale housing facilities for elderly persons in residentially zoned districts in the township.
To provide housing which will integrate elderly persons into the community as a whole in harmony with surrounding residential areas.
To provide for the special housing needs of persons 62 years of age or older who might not otherwise be able to acquire adequate housing in the community. [Amended 3-15-1989 by Ord. No. 3143]

§ 155-176. Specialized conversions.

In any residentially zoned district, the Zoning Hearing Board may authorize as a special exception the conversion of a single-family dwelling into no more than three apartments for the elderly, provided that the following criteria are met:

Each apartment shall be a self-contained unit with separate bath, kitchen and living facilities for no more than two persons.
At least 11/2 on-site, off-street parking spaces shall be provided for each living unit. The provisions of § 155-114D of the Code of the Township of Lower Merion shall be applicable.
The exterior of the building will not be structurally altered to accommodate the conversion.
No part of any apartment unit can be above the second floor of the building.
(Reserved)
The building may be occupied only by persons 62 years of age or older, their spouses or companions. [Amended 3-15-1989 by Ord. No. 3143]
The zoning permit granted for this use shall expire six months after the building ceases being occupied by elderly persons as herein provided, and the dwelling shall revert back to a single-family dwelling.
The owners shall apply for and receive an annual permit from the township.
If the facility is not owner occupied, its use must be sponsored by a nonprofit organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents thereof. Such organization shall have a designated agent resident or with offices in the township.

§ 155-177. Restricted accessory apartment.

In any residentially zoned district, the Zoning Hearing Board may authorize as a special exception the conversion of a single-family dwelling into two nonprofit housekeeping units, each with its own cooking facilities, provided that the following criteria are met:

All individuals living in the dwelling are related by blood, marriage or legal adoption.
One of the housekeeping units shall contain no more than two persons, each of whom shall be 62 years of age or older. [Amended 3-15-1989 by Ord. No. 3143]
The owner of the property must execute an agreement with the township, which shall be recorded with the Recorder of Deeds of Montgomery County and which provides for the immediate removal of separate cooking facilities at such time as they are no longer being utilized by persons meeting the same criteria as the persons for whom they were originally installed.
All provisions of the Lower Merion Township Code, Chapter 62 thereof, entitled "Building Construction," shall be complied with.
At least 11/2 on-site, off-street parking spaces shall be provided for each living unit. The provisions of § 155-114D of the Code of the Township of Lower Merion shall be applicable.
If the restricted accessory apartment is located in an accessory structure, the accessory structure must comply with the principal building setbacks in the underlying zoning district. [Added 1-17-2001 by Ord. No. 3598]
The zoning permit granted for this use shall expire six months after the building ceases being occupied by elderly persons as herein provided, and the dwelling shall revert back to a single-family dwelling.
The owner shall apply for and receive an annual permit from the township.
One housekeeping unit shall have no less than three times the square footage of occupied space than the other.
If the facility is not owner occupied, its use must be sponsored by a nonprofit organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents thereof. Such organization shall have a designated agent resident or with offices in the township.

§ 155-178. Group shared residences for the elderly. [Added 3-15-1989 by Ord. No. 3143]

In any residentially zoned district, the Zoning Hearing Board may authorize as a special exception the construction, alteration or use of a principal building on a lot for a group shared residence for up to six elderly persons who are capable of self-preservation and desirous of living together as a family unit, provided that the following criteria are met:

The building may be occupied only by persons 62 years of age or older, their spouses or companions or by persons 55 years of age or older if the housing meets the criteria for discriminating in favor of such persons set forth in the Civil Rights Act of 1968, as amended, or any succeeding legislation.
Group shared residences for the elderly shall be sponsored by a community-based nonprofit organization, a purpose of which is to provide housing for the elderly and to assume responsibility for overseeing the care and welfare of the residents thereof. Organizations sponsoring residents of Lower Merion Township shall receive priority in the grant of special exceptions for group shared residences. Such organizations shall have a designated agent resident or unit offices in the township.
Each residence shall contain separate bedrooms, for individuals not related to each other. Living, kitchen, dining and sanitary facilities, including bath facilities, may be shared. At least 11/2 baths shall be provided for every three residents. Higher ratios are encouraged.
If a group shared residence is proposed for an existing building, the exterior of the building shall not be structurally altered to accommodate use as a group shared residence. If new construction, the proposed building and its landscaping shall have a residential appearance compatible with the surrounding neighborhood.
Buildings used for group shared residences shall comply with all health, housing, fire and building codes of the township and all applicable state statutes and regulations.
At least 1/2 on-site, off-street parking space shall be provided for every resident of the group shared residence.
A group shared residence for the elderly shall not be located near incompatible uses, such as heavy commercial or industrial areas. [Amended 7-18-1990 by Ord. No. 3199]
Annual permit.
1. The sponsor shall apply for and receive an annual permit from the township in order to operate a group shared residence. Registration shall be completed in accordance with Chapter 92 of the Lower Merion Township Code. Further, in order to qualify for a permit for a group shared residence for the elderly, the sponsor must demonstrate that:
  1. The group shared residence shall serve residents who are capable of self-preservation without assistance in the event of an emergency and who do not require the services or care provided by a personal care boarding home or skilled/intermediate care facility regulated by the Commonwealth of Pennsylvania; and
  2. The residents will live together as a single house keeping unit and participate in the ongoing decisionmaking and daily operation of the building.
2. The sponsor shall present this information to the Zoning Hearing Board in the form of a management plan.
The zoning permit granted for this use shall expire six months after the building ceases being occupied by elderly persons as herein provided, and the dwelling shall revert to a use permitted in the district in which it is located.
The Zoning Hearing Board shall specifically find that the group shared residence furthers the legislative intent of this chapter. The Board of Commissioners may promulgate rules, regulations and/or guidelines for the maintenance and operation of group shared residences, in which event the Zoning Hearing Board shall further find that the grant of the special exception is not in conflict therewith.

ARTICLE XXXI
MC Medical Center District
[Added 9-22-2004 by Ord. No. 3718]

§ 155-180. Legislative intent.

It is hereby declared as a matter of public policy that the logical, orderly and appropriate expansion and development of health care facilities in the Township, in order to meet the long-range health care needs of the community, are public necessities and are in the interests of the health, prosperity and welfare of the people of Lower Merion Township. To that end, a separate zoning district is hereby created for the following purposes:

To recognize the locations and types of health care and related uses in Lower Merion Township and to encourage the development of expanded health care facilities.
To provide for the development or further development of large parcels of land to service the health care needs of the community while assuring a harmonious relationship between such health care uses and abutting neighborhoods.
To encourage long-range planning for health care facilities due to the unique impact of expansion on the provision of public services.
To recognize that medical facilities are large-scale developments, dynamic and prone to change.
To recognize that medical facilities have a significant impact on the health, safety, welfare and economic development of the community by virtue of their function and their need for growth and expansion.
To recognize the need to provide for change in the health care facilities within the institutions themselves and to allow the community to anticipate and plan for the impact of those changes.
To acknowledge that medical facilities have historically been permitted within residentially zoned districts in Lower Merion Township because such facilities, when properly planned and developed, are not incompatible with such districts and provide the immediate benefit of proximity to those living in nearby communities who may have the need for emergency care.

§ 155-181. District established.

In the MC Medical Center District, the regulations set forth in this article shall apply.

§ 155-182. Use regulations.

A building may be erected, altered or used, and a lot may be occupied or used, in whole or in part, for any of the following uses and no other, provided that such uses shall comply with the district regulations established in this article and all other applicable provisions of this chapter.

Medical center.
Hospital.
Medical clinic.
Health clinic.
The following accessory uses when associated with or in support of the primary health care mission of one of the above medical facilities:

Medical and administrative offices.
Medical laboratory.
Special medical treatment facility.
Patient hostel.
Hospital staff dormitory.
Employee day-care center.
Ambulance service.
Parking.

§ 155-183. Area, width and bulk regulations.

Area requirements: Land used for the purposes set forth in this article shall have a lot area of no less than 50 acres, or comprise an area of not less than 50 acres subject to the covenant required herein and in which no single lot shall have an area of less than 15,000 square feet.
Impervious surfaces. Subject to the following sentence, not more than 40% of the area of each lot shall be covered with impervious surfaces. The impervious surfaces on any single lot within the district may exceed 40% of such lot provided such excess of impervious surfaces on such lot does not cause the impervious surfaces on all land within the district and subject to a common covenant as required herein to exceed 40% of the area of the lots comprising such district. The applicant shall recharge the increase in stormwater runoff volume for a twenty-five-year storm for all impervious surfaces exceeding 28%.
Floor area ratio (FAR). Subject to the following sentence, the maximum FAR to the area of any lot shall be 0.45. The maximum FAR of any single lot within the district may exceed 0.45 provided such excess in FAR over 0.45 for such lot does not cause the FAR of all buildings erected on all land within the district and subject to a common covenant to exceed the maximum FAR of all lots comprising such district.
Building area. Subject to the following sentence, not more than 25% of each lot shall be occupied by buildings, including structures utilized for parking. The building area of any single lot as thus measured within the district may exceed 25% of such lot, provided such excess of building area of such lot does not cause the building area of all land within the district and subject to a common covenant to exceed 25%.
Open space.

Common open space shall be provided on each lot of no less than 50% of the net area of such lot. Each lot within the district need not contain common open space so long as all land within the district and subject to a common covenant together contains no less than 50% open space.
Land designated as common open space in the Medical Center District shall conform to the following:

No more than 50% of the common open space shall be comprised of designated flood hazard districts or slopes in excess of 25%.
Any area designated as common open space shall be no less than one acre or less than 75 feet in width or have a ratio of the longest to shortest dimension exceeding four to one, except where such areas serve as public pedestrian links and/or preserve a viewshed or scenic corridor.
There shall be no more than four noncontiguous common open space areas. Common open space areas separated by a driveway shall be considered a single common open space area.
The common open space may be used for the following:

Woodland, meadow, wetland, watercourse or similar conservation-oriented area.
Park, pedestrian trails, or outdoor recreation area.
Stormwater management facilities, open field or lawn.

Common open space shall not include streets, driveways, and off-street parking areas.

§ 155-184. Height regulations and density limitations; setback requirements.

The maximum building height shall be 105 feet.
Perimeter setback. The minimum setback for buildings or portions thereof up to 65 feet in height shall be 125 feet from the district boundary and any street right-of-way. Where buildings or portions of buildings are higher than 65 feet, the minimum setback for such buildings or portions of buildings between 65 feet and 75 feet shall be an additional 7.5 feet for each one foot of height above 65 feet. Where buildings or portions of buildings are higher than 75 feet, the additional setback for such buildings or portions above 75 feet shall be an additional five feet for each one foot of height above 75 feet.

§ 155-185. Vehicular access.

All vehicular access (ingress and egress) for uses in this district shall be provided by direct driveway connections to primary arterial streets except as set forth below.
Construction of a driveway or road for vehicular access to a secondary, tertiary or minor public road is permitted by conditional use, where Township design and location standards can be met, only as follows:

Emergency access - obstruction. Use of this access point shall be limited to occasions when the Lower Merion Township Police Department has determined that all access points from and to a primary arterial street have been obstructed due to accident or other emergency event. When such an obstruction occurs, use of this access by emergency vehicles shall not require Lower Merion Police Department approval. Use of the emergency access at other times shall be denied by a barrier or gate the design of which shall be subject to the approval of the Board of Commissioners.
Emergency access - emergency vehicles. Use of this access point by a police vehicle, fire engine or ambulance shall be limited to ingress only when responding to an emergency that requires immediate access to the hospital. Conditional use of the emergency access point by ambulances will be granted only upon demonstration that actual past ingress delays, to be remedied by the proposed use of the emergency access point, have impaired patient health and safety.
Employee access. Use of this access point by up to 10% or 250 employees of the Medical Center District, whichever is less, shall be permitted by conditional use only in the event the FAR in the district exceeds 0.4.

Special conditions. In addition to the general requirements for conditional use approval contained in § 155-141.2, an application for conditional use authorizing emergency and/or employee access as set forth in Subsection B above must demonstrate compliance with the following criteria:

A traffic impact study shall be performed and submitted with the conditional use application. The Township Engineer shall determine the scope of the study and the assumptions utilized. The traffic impact study shall specifically address impacts on nearby residents, schools, parks, places of worship and other public facilities. The traffic generated by the proposed access shall not result in a level of service lower than C at adjacent intersections. If the level of service is already below a C, the additional traffic shall not lower such level of service or increase the average delay by more than ten seconds per vehicle per approach on adjacent streets and/or adjacent intersections.
No conditional use approval under Subsection B above shall be granted for any access to a secondary, tertiary or minor road until the applicant has demonstrated that they have reasonably pursued all road access alternatives.

§ 155-186. Covenant.

In the event an applicant seeks a building permit to develop a lot subject to the provisions of this article and the lot does not meet the minimum area requirements set forth herein, the applicant shall first record a covenant in a form approved by the Township Solicitor and executed by the lot owners seeking to join such lots together for common use and development, the terms of which shall include the following:

A description of the area to be subjected to the covenant, which area shall not be less than the minimum lot area as required in this district and shall be entirely within the MC Medical Center District.
A covenant that the properties may not be separately transferred so as to reduce the District below the minimum area requirements set forth herein or otherwise render any lot nonconforming to the provisions of this code or in violation of any provision of the Township Code.
A covenant that the properties within the area subject thereto shall be used, developed and occupied only in conformance with the provisions of this chapter, as the same may from time to time be amended.

§ 155-187. Buffer regulations.

Where a lot in a Medical Center District abuts an existing single-family residential use or district, a screening buffer not less than seventy-five-feet wide shall be provided along the abutting lot lines. However, a screening buffer is not required along primary street frontages. The requirements and standards for screening buffers (except the minimal width) shall be the same as for those set forth in § 155-167.1A(8) hereof and shall likewise conform to the requirements of Chapter 101 of the Code of the Township of Lower Merion, entitled "Natural Features Conservation." This section shall apply to an existing use only upon the further development thereof, the required buffer to be provided adjacent to the residential use or district affected by such further development.

§ 155-188. Sound level limitations.

Sound levels in this district shall not exceed the background sound level by more than 10 dBA between the hours of 8:00 a.m. and 8:00 p.m. and five dBA between the hours of 8:00 p.m. and 8:00 a.m. when measured from any residentially zoned property immediately outside the district. This section shall not apply to sound levels associated with emergency vehicles, construction noise or emergency generator testing between the hours of 8:00 a.m. and 6:00 p.m., or the use of emergency generators during periods of loss of power.

§ 155-189. Exterior lighting.

Exterior lighting shall be designed to limit both light trespass onto adjacent residential properties and light pollution into the sky. The illumination level shall be no more than 0.3 footcandle measured either vertically or horizontally at a height of five feet above grade from adjacent residential properties. Lighting shall be designed to shield the source of illumination and to prevent glare on adjacent residential properties through the use of either "cutoff" or "full cutoff" type luminaires and low brightness light sources.

ARTICLE XXXII
Bryn Mawr Medical District
[Added 5-11-2005 by Ord. No. 3742 - Repealed; 9-21-2005 by Ord. No. 3753 - Repealed
Added 5-11-2006 by Ord No. 3777]

§ 155-190. Legislative Intent. In the interest of the public health, safety and welfare, the provisions of this article are intended:

To recognize the need to provide for the special requirements of health care and related uses in Lower Merion Township and surrounding communities.
To provide for the logical, orderly and appropriate expansion and development of the health care and related uses to meet the long-term health care needs of the community.
To recognize the density of development of surrounding areas and ensure the harmonious relationship of health care and related uses with the surrounding neighborhoods, in accordance with Section 155-194.
To encourage long-range planning for health care facilities due to the unique impact of expansion on the provision of public services.
To recognize that medical facilities are large scale, dynamic developments.
To recognize that medical facilities have a significant impact on the health, safety, welfare and economic development of the community by virtue of their function and their need for growth and expansion, in accordance with Section 155-194.
To recognize the need to provide for change in the health care facilities and to allow the community to anticipate and plan for the impact of those changes, in accordance with Section 155-194.

§ 155-191. Use Regulations.

To implement these stated objectives, the BMMD – Bryn Mawr Bryn Mawr Medical District shall be divided into three areas distinguished by the degree of potential impact on abutting residential uses. BMMD-1 is a low impact area; BMMD-2 is a medium impact area; BMMD-3 is a high impact area. A building in the BMMD – Bryn Mawr Bryn Mawr Medical District may be erected, altered or used, and a lot may be occupied or used, in whole or in part, for any of the uses identified below in the specified areas, and no other, provided that such uses shall comply with the district regulations established in this Article, and all other applicable sections of this Code. Each development may include a mix of any of the uses permitted in that district. Additionally, each parcel shall be serviced by public water and public or centralized sewer. Moreover, the tract to be developed shall be in single ownership, or in the case of multiple ownership, evidence shall be presented that the parties involved have agreed the development will be completed in accordance with the approved Tentative Plan and Final Plan. Student homes are not permitted in the BMMD District.

The following uses are permitted in the BMMD-1 District.
1. Hospital
2. Ambulance Service
3. Parking Facility
4. The adaptive reuse of an existing building for a Hotel, limited to a maximum of fifty five (55) guest rooms. The building to be adapted to a Hotel use must be listed on the National Register of Historic Places or receive a Determination of Eligibility from the PHMC.
The following uses are permitted in the BMMD-2 District:
1. Medical Clinic
2. Health Clinic
3. Medical Offices
4. Medical Laboratory
5. Special Medical Treatment Facility
6. Hospital Administrative Offices
7. General Office Use, not to exceed twenty percent (20%) of the floor area of any building.
8. Employee Day Care
9. Upper Story Residential Uses Above Another Permitted Use
10. Parking Facility
The following uses are permitted in the BMMD-3 District
1. Any use permitted in the BMMD-2 District, excluding Upper Story Residential Uses.
2. Single Family Detached Dwelling
3. Single Family Semi-Detached Dwelling
4. Townhouse
In all areas within the BMMD District accessory uses are permitted on the same lot with and customarily incidental to any of the above permitted uses, including surface, above ground or below ground parking structures.

§ 155-192. Area, Width and Bulk Regulations.

Setback Requirements
1. Tracts designated BMMD-1. Portions of buildings up to sixty five (65) feet shall be set back at least thirty (30) feet from the street right-of-way. Portions of buildings located thirty (30) feet to less than one hundred and twenty (120) feet from the right of way shall be no taller than sixty five (65) feet in height. Portions of buildings higher than sixty five (65) feet shall be setback an additional one (1) foot for each additional foot of height as measured from the building setback up to the maximum one hundred and forty (140) foot height limit.
2. Tracts designated BMMD-2 and BMMD-3. To maintain a strong sense of streetscape and encourage pedestrian activity, buildings permitted under Section 155-191.B and C are encouraged to be located close to the street right of way line, except as provided for below.
  1. Front Yards. There is no required minimum front yard setback unless the BMMD District property is across the street from a residential use in a residential zoning district. The maximum front yard setback shall be twelve (12) feet or the setback of the closest building within one hundred and fifty (150) feet, whichever is less unless the BMMD District property is across the street from a residential use in a residential zoning district.
  2. The primary pedestrian access point to buildings shall face onto the street right of way, rather than onto rear or side parking lots or alleys. Secondary access points may be located along other façades.
  3. Parking lots, loading areas, and driveways are discouraged in the front yard, but are permitted when enclosed with an architectural feature along the right of way line including but not limited to a seat wall, pedestrian arcade, pergola, or planting area that achieves a similar visual quality.
  4. Side Yards. There is no required minimum side yard setback. However, if the new/redeveloped structure is not built up to the side property line, the new/redeveloped building must be setback a minimum of ten (10) feet from the side property line. The side yard setback shall be no less than twenty five (25) feet to accommodate required buffer areas, if applicable
  5. Rear Yards. When a new or redeveloped building or parcel backs up to another BMMD zoned or a commercially zoned parcel, a rear yard setback is not required. The rear yard setback shall be twenty five (25) feet wherever a buffer area in the rear yard is required.
Covered areas for patient drop-off and pick up at medical uses permitted by Sections 155-191 A, B and C are not considered part of the building for setback and coverage purposes.
Enclosed pedestrian bridges connecting medical uses permitted by Sections 155-192.A and B across public rights of way shall be permitted on tertiary and minor roads. The pedestrian bridges shall be limited to one per street frontage.
Impervious Surface.
1. The area of each lot that may be covered with impervious surfaces shall be limited to the following:
  1. BMMD-1: not more than eighty percent (80%) of the lot area
  2. BMMD-2 and BMMD-3: not more than eighty five percent (85%) of the combined lot area.
2. Public plazas, and/or similar site amenities, and underground parking below a public plaza, shall not be included in the calculation of impervious surface.
3. The impervious surface on any single lot within the BMMD District may exceed the maximum permitted on such lot provided it is subject to a common covenant as set forth in Section 155-186 and such excess does not cause the impervious surfaces on all lots within such district and subject to the common covenant to exceed such maximum.
Building Height. Each of the regulations set forth below shall apply to a building in the BMMD District.
1. The maximum height of a building in the BMMD-1 District shall be one hundred and forty (140) feet, subject to the setback requirements of 155-192.A(1). The maximum height of a building in the BMMD-2 and BMMD-3 Districts shall be sixty (60) feet.
2. The provisions of Section 155-137 (setbacks, impervious cover and building area) hereof shall not apply to new and redeveloped structures developed in accordance with this article.
3. The maximum height of any structured parking facilities may not exceed a height of fifty (50) feet, excluding below grade air shafts.
4. The maximum building height shall not include the height of parapets, chimneys, spires and similar projections or roof top equipment housing provided that they do not exceed eighteen (18) feet in height or occupy more than forty percent (40%) of the roof area.
5. The maximum height of any building at the right of way line shall not exceed three (3) stories or forty five (45) feet, unless there is a minimum of ninety (90) feet between the facing building or buildings across the street right of way and the proposed building, in which case the maximum height at the right of way line shall not exceed four (4) stories or sixty (60) feet. Portions of the building exceeding these limits shall be set back a minimum of twelve (12) feet from the right of way line.
6. The maximum height of the portion of any building within the BMMD District located adjacent to an existing one or two family dwelling in a residential zoning district shall be as follows:
  1. Portions of the proposed building located more than twenty five (25) feet but less than forty (40) feet from the residential property line shall be no taller than thirty five (35) feet in height.
  2. Portions of the proposed building located more than forty (40) feet but less than sixty (60) feet from the residential property line shall be no taller than forty five (45) feet in height.
  3. Portions of the proposed building located more than sixty (60) feet from the residential property line may not exceed the maximum allowable building height.
7. The maximum height of any townhouse building when it is serving as the buffer between existing residential buildings and a medical building or parking structure shall be the minimum necessary to screen such buildings, up to a maximum height of fifty (50) feet. If the Townhouse building is not serving as the buffer described above, the maximum height shall be forty-five (45) feet.
Floor Area Ratio. The Floor Area Ratio (FAR) in the BMMD-1 Zone shall not exceed two point two (2.2). For uses permitted by § 155-191.B, the FAR in the BMMD-2 Zone shall not exceed two (2) and the FAR in the BMMD-3 Zone shall not exceed zero point eight five (0.85).
Building Area. Not more than sixty percent (60%) of the area of each lot in the BMMD-1 Zone may be occupied by buildings. Not more than seventy five (75%) of the area of each lot in the BMMD-2 and BMMD-3 Zones may be occupied by buildings. The building area on any single lot within the BMMD District may exceed the maximum permitted on such lot provided it is subject to a common covenant as set forth in § 155-186, and provided such excess does not cause the building area on all lots within such district and subject to the covenant to exceed the maximum.
Buffer Regulations.
1. A twenty five (25) foot wide Landscape Buffer shall be maintained along the side and rear property lines where a use permitted under Section 155-191 A or B abuts a property continuously devoted to a residential use since the effective date of this section. A twenty (20) foot wide Landscaped Buffer shall be maintained along the side and rear property lines where a use permitted under Section 155-191 C (4) abuts a property devoted to a residential use. The side or rear yard set back shall be the width of the side or rear yard buffer.
2. In a BMMD-2 District, where a street separates the District from a residential use in a residential zoning district. A six (6) foot wide buffer shall be provided between the building and the right of way. This buffer shall be in addition the required street trees. This area shall be planted with a combination of accent low level plants such as shrubs, perennials, ornamental grasses, and groundcovers located in groupings, and may include a wall. Plantings shall not obstruct a pedestrian’s view of or access to the first floor windows, door openings and sidewalks. Breaks in the planting area to accommodate vehicular and pedestrian access are permitted.
3. In a BMMD-3 District, where a street separates the District from a residential use in a residential zoning district, a Landscape Buffer as required by Section 155-192 H (1) shall be provided along the street line for a depth of one hundred and fifty (150) feet. In lieu of a Landscape Buffer, such area may be developed with an allowed residential use.
4. Any lot which becomes vacant through the removal of a structure for any reason other than during construction of a new facility must be screened from all abutting public streets by planting street trees and providing a six-foot wide landscaped area with a continuous row of two (2) foot high shrubs.
Density requirements. A minimum lot area of twelve hundred and fifty (1,250) square feet is required for each dwelling unit. When a lot contains both residential and non-residential uses, the residential density shall be based on the total lot area that contains both uses.

§ 155-193. Parking And Street Access Requirements.

Parking Required. The uses permitted in the BMMD District shall provide the minimum parking spaces as set forth below. Uses not listed below shall provide the minimum parking spaces as required in Article XX, Parking and Loading. At-grade, above- or below-ground parking and loading facilities shall be permitted.
1. Medical Center and Hospital: One (1) off street parking space shall be provided per six hundred (600) square feet of gross habitable floor area.
2. Medical Clinic and Health Clinic: One (1) off street parking space shall be provided per three hundred (300) square feet of gross habitable floor area
3. Medical Office Building: One (1) off street parking space shall be provided per three hundred (300) square feet of gross habitable floor area.
4. Medical Laboratory: One (1) off street parking space shall be provided per six hundred (600) square feet of gross habitable floor area.
5. Special Medical Treatment Facility: One (1) off street parking space shall be provided per four hundred (400) square feet of gross habitable floor area.
6. Patient Hostel: One (1) off street parking space per guest room and one (1) parking space per employee of the largest shift.
7. Hospital Staff Dormitory: One (1) off-street parking space per student or employee.
8. Day Care Center: One (1) off-street parking space per faculty/staff member or volunteer. The Day Care Center shall have one queuing space dedicated to drop off-pick up for every ten (10) participants in the Day Care Center.
9. Changing an existing non-residential use to another use or uses permitted in the BMMD - Bryn Mawr Medical District does not require additional parking provided that:
  1. The existing structure will be a mixed use building, and
  2. The new use requires a maximum of fifteen (15) additional parking spaces above what the existing use currently requires, and
  3. Any exterior changes to the building comply with the District development design standards.
Location of Required Parking.
1. Required parking spaces for any use located within the BMMD - Bryn Mawr Medical District may be located either (i) on the lot, or (ii) on any lot within the district. Required parking is also permitted offsite, outside the BMMD District, provided that the distance between the exterior wall of the parking structure in which the space is located or the edge of the surface parking lot and the exterior of building served thereby does not exceed one thousand (1,000) feet.
2. Surface parking lots and loading areas shall be placed between a structure and a rear lot line whenever possible.
  1. On a corner lot, if surface parking and loading can not be behind a structure or otherwise screened from view as described in Section 155-194.C.(2), then the parking shall be located:
    1. Along the street with the least amount of commercial activity; or
    2. Along the street with the least amount of pedestrian activity.
Parking Design and Screening Requirements
1. If surface parking and loading areas are visible from the street frontage, then a fence, wall or plantings shall be provided to maintain the street edge, and screen views of the parked cars.
2. Parking and loading areas, excluding driveway access areas, shall be screened from any adjacent Pedestrian Way by planting street trees and providing a six-foot wide landscaped area with a continuous row of two (2) feet high shrubs, or a fence or wall
3. The Primary Front Façade of a parking structure visible from a public or private street or Pedestrian Way shall be pedestrian oriented and scaled and designed to relate to adjacent active commercial facades.
Shared Parking. Shared parking for public and/or private use is encouraged.
1. When land uses on adjacent parcels create shared parking areas with circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties shall equal the sum of the individual parking requirements at the greatest single peak hour of the combined uses.
2. Documentation based on standards from the most recent edition of the Institute of Transportation Engineers (ITE) Parking generation publication identifying the peak hour uses shall be submitted in a parking study and approved by the Township Engineer.
3. Documentation confirming the ownership and/or management arrangement shall be submitted prior to the Board approving a Final Plan Application and shall be subject to the Board’s approval.
On-Street Parking. Provided the new or rehabilitated building or buildings complies with the development design standards herein, legal on-street parking along the parcel’s street frontage may be counted toward the development’s minimum parking requirements.
Bicycle Parking

Convenient bicycle facilities shall be provided as follows:
All parking facilities containing between ten (10) and fifty (50) parking spaces shall provide at least four (4) bicycle parking spaces.
All parking facilities containing more than fifty (50) parking spaces shall provide one bicycle parking space for each twenty (20) automobile parking spaces in excess of the first fifty (50) spaces in the facility. Not more than twenty (20) bicycle parking stall shall be required for any one facility.
Bicycle parking facilities shall be so located as to be safe from motor vehicle traffic and secure from theft.

Loading
1. To the greatest extent feasible, areas used for loading or trash receptacle purposes shall not be located adjacent to residential uses and residential zoning districts.
2. Buildings and structures, excluding parking structures, must provide adequate area for loading/unloading.
The required parking for uses permitted under § 155-191 A and B must gain ingress and egress from primary, secondary or tertiary arterial roads as set forth on the Official Highway Map of the Township, unless there is no safe driveway location in the opinion of the Township Engineer, in which case the minimum ingress and egress necessary may occur from a minor road.

§ 155-194. Development Design Standards.

Purpose.
1. The purpose of this section is to require buildings that are visible from street frontages, and all facades of parking structures that are visible from residential dwelling units, be pedestrian oriented in design. For such buildings and parking structures, entrances should be oriented toward the streets, sidewalks and public access ways. Requirements for orientation and primary entrances for such buildings are, intended to;
  1. Provide for convenient, direct, and accessible pedestrian access to and from public sidewalks, transit facilities, residential and commercial uses;
  2. Provide a safe, pleasant and enjoyable pedestrian experience by connecting activities between buildings and within a structure to the adjacent sidewalk and/or transit stop; and
  3. Promote use of pedestrian and mass transit modes of transportation to access residential and non-residential facilities.
2. The preservation and rehabilitation of existing buildings and structures is encouraged in order to create diversity of development, accent pedestrian-scale activity, and to preserve the character of the Township’s neighborhoods.
3. Preliminary Plan Application shall comply with all applicable design standards contained in this Article and the Township’s Subdivision and Land Development Code, except as provided below. If the provisions of this Section are inconsistent with other provisions of this Article, the provisions of this Section shall control.
4. In granting Preliminary or Final Plan Approval for any Development in the BMMD District, the Board may waive applicability of any provisions of the Subdivision and Land Development Code which may be in conflict with the purposes of this Section in the context of any specific application.
5. As condition(s) of Preliminary or Final Plan Approval, the Board may provide for variation or waiver of specific design standards established in the Subdivision and Land Development Code. The Applicant requesting variation in design standards shall submit drawings, models or plans to demonstrate the purpose and potential impact of the request, including alternatives if specified by the Board. The Applicant wishing to have any design standard varied shall bear the burden of proof in justifying the appropriateness of such variation. The Applicant shall be required to post bond after Final Plan approval to insure compliance with the decision and any conditions imposed by the Board.
Building Orientation and Primary Entrance
1. General Standards. All new and rehabilitated buildings and parking structures that are visible from the street frontage shall comply with the following standards:
  1. Buildings shall be designed with public access points and signage facing the street and sidewalk.
  2. The façade treatment of walls facing residential uses or residential zoning districts shall be similar to the Primary Front Façade along the pedestrian oriented street.
2. Primary building entrances shall be articulated and visible from the street.
  1. Building entrances shall incorporate arcades, roofs, porches, alcoves awnings or other similar devices that protect pedestrians from the sun and rain.
  2. If the building has frontage on more than one street, the building shall provide a primary entrance oriented toward the higher classification street or a single entrance to the corner where two streets intersect.
3. To the greatest extent feasible, if a single lot is redeveloped any new vehicular access point shall be located on a side lot line and shared with adjacent lots.
4. Driveways, parking areas and traffic circulation patterns shall be designed as shared facilities whenever feasible. The design of these elements shall create a unified site plan between the lots. The goal is to gain parking efficiencies, reduce the number of access points and improve internal and external vehicular circulation patterns.
5. When one or more lot(s) is redeveloped such that one hundred fifty (150) feet or more of new building façade is constructed along the Primary Front Facade, an access way or some method of access shall be provided to reach available shared parking facilities located on the same lot.
Architectural Design Standards. The architectural design standards have been incorporated into this district to ensure that the size and proportions of new buildings and other related improvements relate to the scale of the existing structures, especially at the street level. All requirements in this section apply to buildings and portions of buildings that are visible from the street frontage, and all facades of a parking structure that are visible from a public way or a residential dwelling unit.
1. Buildings and other related improvements.
  1. If the subject property is listed on the Township’s historic inventory or within a local and/or national historic district, the new construction shall be compatible with the character of that building/district in compliance with Chapter 88 of the Township Code and the Secretary of the Interior Standards for Rehabilitation.
  2. All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, material change or other visual device.
  3. The massing of all buildings shall be de-emphasized in a variety of ways, including but not limited to the use of projecting and recessed elements such as porches, windows, roof dormers, mullion articulation, and façade fenestration, or a change in brick coursing, to reduce their apparent overall bulk and volume, to enhance visual quality and contribute to human-scaled development.
  4. Any walls with less than twenty five percent (25%) of clear
    1. Details in masonry courses.
    2. The provision of blank window openings trimmed w/frames, sills and lintels.
    3. Variations in materials.
    4. Projections and/or recesses.
    5. Landscaping elements where setbacks are required.
  5. For uses permitted under Sections 155-192 B and C, second story and above of Primary Front Façades, shall contain a minimum of fifty percent (50%) of the horizontal width of the façade as clear windows.
    1. Clear window openings shall be vertical, at least twice as high as the width of those openings.
    2. To the extent possible, individual window units in the upper stories shall be vertically aligned with the location of window and doors on the ground level.
  6. Buildings shall be topped with either pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices.
  7. Pitched roof material may include slate (either natural or manmade), shingle (either wood or asphalt composition) and metal formed to resemble “standing seams” or other similar materials. Specifically prohibited are white, tan or blue shingles, and corrugated plastic or metal. Fascias, dormers and gables or similar architectural features shall be employed to provide visual interest.
  8. Exterior wall materials may include stucco, wood clapboard (including imitation clapboard siding with the exception of aluminum siding), stone, glass, terra cotta, metal, or brick of a shape, color and texture as that found within the adjacent neighborhood. Specifically prohibited shall be white, tan or any type of painted brick or T-111 or other similar plywood siding. All forms of exposed concrete block shall be prohibited, except on walls not visible from street frontages or adjacent residential dwelling units. The Board may approve a prohibited material if it can be demonstrated that the material can be installed to have the same appearance and texture as any of the approved materials.
  9. Grade level exterior doors that swing onto a public walkway that is less than six feet wide, shall be set into the building to avoid conflict with pedestrians. Doors swinging out that project into a pedestrian walkway shall include a barrier to prohibit doors from swinging into pedestrians. If the barrier is located in the street right of way authorization shall be obtained from the authority having jurisdiction.
  10. Mechanical and other roof top equipment shall be screened with a wall or other barrier that is consistent with the architectural design standards in this article.
  11. All mechanical equipment shall be sound insulated to reduce the decibel level of such equipment. Sound levels in this district shall not exceed the background sound level by more than ten (10) dBA between the hours of 8:00 am and 8:00 pm and five (5) dBA between the hours of 8:00 pm and 8:00 am when measured from any residentially zoned property. This section shall not apply to sound levels associated with construction noise or emergency generator testing between the hours of 8:00 am and 6:00 pm, or the use of emergency generators during periods of loss of power.
2. The applicant shall prepare a Manual of Design Guidelines which shall illustrate and describe the Architectural Design Standards for the proposed construction. Said Manual shall be submitted at the time of submission of the Preliminary Plan or at the time of conditional use submission, whichever shall first occur.
3. The Board may, by conditional use, approve the use of architectural concepts and designs which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and of this subsection, and that such concepts and designs are consistent with the Manual of Design Guidelines.
4. Public walkways shall:
  1. Be constructed of brick, concrete, concrete pavers, stamped colored concrete or integral colored concrete w/brick borders.
  2. Be constructed of consistent materials with in a block.
  3. Have a minimum unobstructed width of six (6) feet.
  4. Create a completely linked network of walkways connecting transit stops, commercial centers, institutional facilities and residential uses including parks and other open space areas.
  5. Not be used for exterior storage.

§ 155-195. Landscaping.

Landscaping for the Bryn Mawr Medical District shall be provided in accordance with Sections 101-7, 101-8, 101-9 A (2), 101-9 B (2) and (3), 101-9 C-F, 101-10, and 101-11. Section 101-9 A (1) 5. shall apply to adjoining residential uses on residential zoned properties only.
Street Trees.
1. Street trees shall be planted by the applicant along all public rights-of-way in compliance with Chapter 128 of the Township Code. In locations where healthy and mature trees exist that comply with the street tree requirements, additional plantings are not required.
2. Street trees shall be at least three (3) to three and one half (3.5) inch caliper when planted and shall be spaced at intervals no greater than 40 feet along the public/pedestrian right of way.
3. Mature street trees shall be limbed up from the sidewalk to six (6) feet to enhance pedestrian safety.
4. Street Tree species are to be selected from those provided in Chapter A-177.
5. The method of planting (in grates, planters, or tree pits) for street trees shall be approved by the Township Arborist.
6. Every effort shall be made to save street trees that are healthy and have not reached the end of their useful life.

ARTICLE XXXIII
ROHO - Rock Hill Overlay District
[Added 5-24-2006 by Ord No. 3782]

§ 155-200. PURPOSE AND APPLICABILITY

A. General Purpose

The Rock Hill Overlay Zone (the “ROHO”) is established to encourage the redevelopment of the existing underutilized industrial corridor into an economically dynamic, attractive gateway to Lower Merion Township. The ROHO is designed to promote the health, safety and welfare of the citizens of Lower Merion Township by using pedestrian oriented design; promoting mixed-use redevelopment that is attractive and appropriate to the area; protecting existing natural features; and improving traffic flow and pedestrian and vehicular safety.

These general goals and objectives include the following specific purposes:

Welcome residents, visitors and workers to the Township, providing an attractive destination and link between the residential areas near the corridor and the Schuylkill Expressway, Schuylkill River and Manayunk Neighborhood of Philadelphia;
Encourage location efficient, pedestrian oriented design and development consistent with high standards of architecture and design;
Support new development that includes a diverse mix of pedestrian-compatible, higher density residential and non-residential uses, expands economic development opportunities and minimizes distances between destinations by requiring linked Pedestrian Ways and pedestrian oriented access;
Provide incentives for the creation of mixed use structures in keeping with the character and scale of the corridor, while using development design guidelines to promote compatibility of uses and stimulate pedestrian activity;
Maintain a scale, balance and variety of residential, non-residential and recreational uses;
Promote the livability and identity of the corridor as a neighborhood by providing for dwellings, offices and other workplaces, recreational amenities and neighborhood-scale retail in close proximity to each other;
Enhance the visual character and physical comfort of the district by minimizing pedestrian and vehicular conflicts and encouraging the ability of pedestrians to walk or cyclists to bike to uses within the corridor and beyond;
Promote the smooth and safe flow of vehicular traffic through the corridor while reducing cut-through traffic in the neighboring residential districts;
Protect existing natural features, including Gully Run Creek, a direct tributary to the Schuylkill River which runs through the corridor;
Encourage subsurface and shared parking;
Promote the increase and attractiveness of landscaped areas; and
Connect the ROHO to the Township’s park system and developing waterfront open spaces, including pedestrian trails along the Schuylkill River.

B. Applicability

The provisions of this article apply to the area that has the following characteristics:

The underlying existing zoning as of the date of this ordinance for such area is commercial;
The area

fronts on Rock Hill Road and is no further than 300 feet from the right of way line of Rock Hill Road existing as of the date of this ordinance; or
has frontage on Belmont Avenue and is located between the Schuylkill River and the intersection of Belmont Avenue and Rock Hill Road.

Authorization to develop a tract pursuant to the requirements of the underlying commercial district (conventional development), rather than the ROHO, may be granted by the Board of Commissioners as a conditional use pursuant to Section 155-141.2 A, provided the applicant proves compliance with the standards and criteria set forth in Sections 155-141.2 B and C, and that the applicant has achieved the ROHO Development Goals and Standards set forth in Sections I-B and VI hereto.
The Development Design Standards in § 155-205 apply to all parcels in the ROHO, including, but not limited to, those which are approved in the underlying commercial district as conditional uses.

§ 155-201. Use provisions.

A building may be erected or used and a lot may be used or occupied only for a minimum of two or more of the uses listed below. The applicant is required to create a building with a mix of at least two uses. The first floor of all buildings shall be occupied by one or more of the commercial uses permitted under B 6 through 16 listed below. [Amended 12-12-2007 by Ord. No. 3833]

Residential Uses

Townhouses.
Apartment houses, which shall include condominiums.
Upper story residential uses above non-residential uses.
Live/work units for artisans.
Live/work units for professionals and service providers, provided the work area does not exceed 50% of the floor area of the dwelling unit.
Accessory uses on the same lot with, and customarily incidental to, any of the above permitted uses, including above- or below-ground parking structures and fitness centers, but specifically excluding off-track betting parlors, slot parlors and other gaming uses. [Amended 10-18-2006 by Ord. No. 3793]
Any use of the same general character as any of the uses hereinbefore specifically permitted, excluding off-track betting parlors, slot parlors and gaming uses.

Non-Residential/Commercial Uses

Adult or child day care.
Nursery school or similar nonresidential use for more than six (6) children.
Bank or other financial institution, excluding drive-thru facility.
Professional offices, office building.
Medical clinic building.
Restaurant, including walk-up windows, but excluding drive-thru facility.
Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises.
Copy center and job printing operating on a retail sales level.
Retail store with an area on each retail story equal to or less than 15,000 square feet, excluding drive-thru windows. [Amended 5-1-2008 by Ord. No. 3850]
Grocery store.
Hand laundry, dry-cleaning or dyeing establishment operating on a retail sales level.
Hotel.
Theater.
Indoor recreational facilities such as roller & skating rinks, skateboard park and playgrounds.
Municipal use.
Personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking, fitness center or similar type use.
Commercial parking facility that uses pedestrian oriented design and is at pedestrian scale.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including above ground or below ground parking structures but specifically excluding off-track betting parlors and slot parlors.
Any use of the same general character as any of the uses hereinbefore specifically permitted, but excluding off-track betting parlors and slot parlors.

A minimum of 80% of the building frontage along a street at grade level and extending for a depth of at least 50 feet shall be occupied for one or more of the uses permitted under Section 155-201.B (6) through (16) above. [Added 5-1-2008 by Ord. No. 3850]

Where grade level occupancy along the building frontage is not permitted because of floodplain restrictions, this requirement shall apply to the first occupied level above grade.
This requirement shall not apply to any development with a lot width less than 41 feet.
Where it can be demonstrated that the minimum 50 feet depth can not be provided due to the limited depth of the lot, the Board of Commissioners may, by conditional use, permit a retail depth less than 50’
These use requirements shall not go into effect until the total floor area of new habitable space approved for development within this district after April 30, 2008 exceeds 600,000 square feet. However, the grade level floor, or where the floodplain prohibits occupancy of grade level space, the first occupied level, must be built with a minimum floor height of 14 feet from top of grade level slab to top of slab of the first floor above grade to accommodate proposed or future retail uses.

§ 155.202. Dimensional standards for development.

A. Lot Width. The minimum lot width is 20 feet for all uses, except for Hotels, where the minimum lot width is 60 feet.

B. Building Area. Not more than 70% of the net lot area shall be occupied by buildings.

C. Floor Area Ratio. The Floor Area Ratio (FAR) shall be a maximum of 1.20. FAR may be increased as set forth in §155-204 hereof.

D. Building Setbacks:

Front Yards. The front yard setback in this overlay district shall be measured from the curb line directly in front pf the property.

Where the distance from the right of way line to the closest slopes exceeding twenty five percent (25%) is equal to or less than one hundred feet (100’), the minimum front yard setback is twenty feet (20’), or the street right of way line, whichever is farther from the curb line.
Where the distance from the right of way line to the closest slopes exceeding twenty five percent (25%) is greater than one hundred feet (100’), the minimum front yard setback is thirty feet (30’).

Side Yards. The minimum side yard setback is 15 feet for each side yard.
Rear Yards. Depending on the proposed use and subject to the Buffer requirements set forth in §155-202(G) below, all parcels shall provide the following minimum rear yard setback.

There is no required minimum rear yard setback where a parcel backs up to another commercially zoned parcel.
Where a parcel abuts a residentially zoned parcel in the rear, the rear yard setback is 25 feet.

E. Impervious Cover. Impervious cover is limited to 80% of the net lot area. Impervious cover may be increased as set forth in § 155-204 hereof.

F. Building Height: [Amended 12-12-2007 by Ord. No. 3833; 5-1-2008 by Ord. No. 3850]

The provisions of Section 155-137 (setbacks, impervious cover and bldg area) hereof shall not apply to structures developed in accordance with this article.
The minimum height of any building shall be 24 feet above grade.
Building height shall include any portion of the structure or equipment that projects above the roof line.
The maximum height of any building shall be 56 feet above grade. Building height may be increased as set forth below or as set forth in Section 155-204 hereof.

Building height may be increased to a maximum height of 70 feet provided the portion of the building above 56 feet shall be limited to a sloped roof that is used as loft or attic space, or to house building equipment.(b) All equipment located on the roof and all building projections on or above the roof shall not exceed 70 feet above grade.

G. Buffer Area:

Where a parcel on the south side of Rock Hill Road abuts a residential use in a residential zoning district, there shall be a 20 foot buffer area, as defined in Section 155-4B, along the district boundary line within the ROHO.
Views into any lot which becomes vacant through the removal of a structure must be screened by planting street trees and providing a six-foot wide landscaped area with a continuous row of shrubs with a height of at least 2 feet.

H. Pedestrian Ways. All buildings built in accordance with this Article shall include pedestrian pathways that comply with the Development Design Standards in § 155-205 hereof.

§ 155-203. Parking and loading requirements.

A. On-Site Parking

At-grade, above- or below-ground parking and loading facilities shall be permitted.
Surface parking lots and exterior loading areas shall be placed between the structure and a rear lot line or in a side yard, provided that parking facilities must be at least 40 feet from the existing right-of-way.
In no case shall surface parking lots or exterior loading areas occupy more than 1/3 of a parcel’s frontage along a pedestrian street or street segment.
Parking and exterior loading areas shall be screened from any adjacent Pedestrian Way by planting shade trees and providing a 6 foot wide landscaped area with a continuous row of 2 foot high shrubs, or a fence or seating wall not less than 2 feet and no more than 3 feet high. Shrubs shall be maintained at a height of 2 to 3 feet.
The Primary Front Façade of a parking structure visible from a public or private street or Pedestrian Way shall be pedestrian oriented and scaled, and shall comply with the Development Design Standards in § 155-205.
Ground level parking beneath buildings shall be permitted provided the Primary Front Façade complies with the Development Design Standards in § 155-205.
Any façade of a parking structure that can be seen from a residential zoning district shall comply with the Development Design Standards in § 155-205.

B. Parking For Single-Use Structures

Required parking for structures within the ROHO shall be calculated by using the Single Use Peak Hour Demand values noted in TABLE 1.

C. Parking For Mixed-Use Structures

Parking required for mixed-use structures within the ROHO shall be calculated by using the following process and the percentages provided in TABLE 1.

First, determine the number of parking spaces required for each individual use within the mixed-use structure by using the Single Use Peak Hour Demand values in TABLE 1. That number serves as the base for calculating the Percentages of Peak Demand for Key Times.
Next, calculate the number of spaces needed for each use for each peak hour by multiplying the base number (the Single Use Peak Hour Demand value) by the Percentage of Peak Demand for Key Times values.
Next, add the columns for each Peak Demand Time to determine the number of spaces required for the mixed-use structure for each peak hour.
The required number of parking spaces for the development is the highest total hour figure for the mixed-use development.

TABLE 1: Required Parking

Land Use	Single Use Peak Hour Demand (spaces)	Percentage of Peak Demand for Key Times
		Weekdays					Weekends
		10 am	1 pm	5 pm	8 pm	10 pm	10 am	1 pm	5 pm	8 pm	10 pm
Retail*	3.7/1000 sq. ft.	50	75	75	65	25	50	100	90	65	35
Office	3.7/1000 sq. ft.	100	90	50	5	5	15	15	5	0	0
Medical Clinic/Office	4.5/1000 sq. ft.	100	90	80	15	0	100	0	0	0	0
Restaurant	7/1000 sq. ft.	20	70	70	100	95	5	45	60	100	95
Theatre	1/5 seats	0	60	60	85	85	0	70	70	100	100
Health Club	4.5/1000 sq. ft.	10	80	100	30	10	60	80	60	30	10
Hotel	1/room	45	30	60	90	100	40	30	60	90	100
Residential	2.0/unit **	75	70	85	95	100	70	65	75	95	100
Recreational	5/1000 sq. ft.	70	75	100	100	40	100	100	100	100	90
Other Permitted Uses	4/1000 sq. ft.	100	90	50	5	5	15	15	5	0	0
* Retail uses include the uses listed in Sections 155-201 B 3, 7, 8, 9, 10, 11 and 12, and 16.
Where 65% or more of the residential units on a single tract are single bedroom, and where public transportation services are immediately available, then the parking requirements for each residential unit shall be 1.5 spaces per unit. If public transportation is not within walking distance, the Board of Commissioners can require, in conjunction with land development approval, that the applicant provide a service to take residents to specified public transportation locations so as to satisfy the requirement of “immediate availability.” [Amended 12-12-2007 by Ord.No. 3833; 5-1-2008 by Ord. No. 3850]**

Example: An existing commercial building is renovated according to the design standards and now contains: 3,500 square feet of retail; 1,500 square feet of restaurant and 13 residential units. Using the mixed use parking calculation provided in this Section C, the number of required parking spaces is 45. Calculations are shown below in TABLE 2:

TABLE 2: Mixed Use Building Example

Land Use	Single Use	Percentage of Peak Demand for Key Times
		Weekdays					Saturday
		10 am	1 pm	5 pm	8 pm	10 pm	10 am	1 pm	5 pm	8 pm	10 pm
3,500 sf. retail	13	6.5	9.75	9.75	8.45	3.25	6.5	13	11.7	8.45	4.55
1,500 sf. restaurant	11	2.2	7.7	7.7	11	10.45	.55	4.95	6.6	11	10.45
13 market rate dwlg. Units	26	19.5	18.2	22.1	24.7	26	18.2	16.9	19.5	24.7	26
Totals	NA	28.2	35.65	39.55	44.15	39.7	25.25	34.85	37.8	44.15	41

D. Off-Site Parking

When land uses on adjacent parcels within the ROHO create shared parking areas with circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the Required Parking values for a mixed use development listed in TABLE 1.

Documentation confirming the ownership or reciprocal easement arrangement shall be submitted to the Board of Commissioners with a Tentative Sketch Plan application and shall be subject to the Board’s approval. The agreement must demonstrate a permanent commitment for the use of the off site parking.

Code required parking for mixed-use structures may be provided off-site, provided:

Parking must be within 900 feet of the mixed-use development using a pedestrian route continually accessible to the public, measured from the mixed-use structure’s primary access point to the entrance of the parking facility.
If the parking facility is not on the same side of the street as the mixed-use structure, the 900 feet shall be measured via a controlled intersection;
Both the mixed-use structure and the parking facility comply with the ROHO Development Design Standards set forth in § 155-205;
An easement agreement or other documentation that the private parking facility owner agrees to make the spaces available to the proposed off-site mixed-use structure within the ROHO on a long-term basis shall be submitted to the Board of Commissioners with a Tentative Sketch Plan application and shall be subject to the Board’s approval. The off-site parking spaces may not be designated as required parking for some other use; and
If adequate on-site parking is not available, the parking requirements for the non-residential portion of the building may be met by designating public parking spaces in a public parking lot within nine hundred feet of the proposed use. Each such public parking space may only be counted once when this parking provision is utilized.

Code required parking for single-use structures may be provided off-site when:

The development parcel is less than 8,000 square feet and improved street frontage is less than 40 feet;
Parking must be within 900 feet, of the single-use structure using a pedestrian route continually accessible to the public, measured from the primary entrance to the structure to the entrance of the parking facility;
If the parking facility is not on the same side of the street as the single-use structure, the 900 feet shall be measured via a controlled intersection;
Both the single-use structure and the parking facility comply with the ROHO Development Design Standards in § 155-205; and
An easement agreement or other documentation that the parking facility owner agrees to make the spaces available on a long-term basis to the proposed off-site single-use development within the ROHO shall be submitted to the Board of Commissioners with a Tentative Sketch Plan application and shall be subject to the Board’s approval. The off-site parking spaces may not already be designated as required parking for some other use.

E. Bicycle Parking. Convenient bicycle facilities shall be provided as follows:

For Residential uses there shall be one bicycle space or locker for each three dwelling units or portion thereof, but no more than 20 spaces are required.
For Commercial uses there shall be one bicycle space or locker for every 20 automobile parking spaces or fraction thereof, but no more than 20 spaces are required.
The Board of Commissioners, may, by conditional use, hold in reserve or reduce the number of required bicycle parking spaces if the applicant demonstrates that there are ample facilities available for use nearby.

F. Loading

Areas used for loading or trash receptacle purposes shall be located in the rear of, or inside, the buildings.
If areas used for loading or trash receptacle purposes are located adjacent to residential uses or residential zoning districts, then they shall be screened from view. Noise, sound and odors associated with these uses shall not be discernable at the property line.

G. Reserve Parking [Added 5-1-2008 by Ord No. 3850]

Required parking spaces for dwelling units may be reduced to 1.2 spaces per unit, subject to compliance with the following reserve parking requirements:

The area designated for reserve parking shall not be paved but must be shown on the approved site plan.
All parking spaces to be held in reserve shall be limited to grade level parking only.
The applicant must demonstrate that the reduced number of parking spaces will be adequate to provide sufficient parking for the uses on the property.
At any time after final occupancy of the property, if the Zoning Officer determines that there is insufficient parking, the Zoning Officer may require the parking spaces held in reserve to be paved.

§ 155-204. Density, height and impervious coverage determination.

All buildings in the ROHO shall be eligible for increases in FAR, height and impervious coverage as more fully set forth in this Section. [Amended 12-12-2007 by Ord. No. 3833; 5-1-2008 by Ord No. 3850]

Shared driveways.

If an application provides for development of one or more buildings on a single lot development as a mixed use building, then

FAR may be increased to 1.30.
Height may be increased by up to 14 feet above the height specified in § 155-202 but to no greater than a maximum height of 70 feet.

Parking.

If an application for development provides that no parking spaces can be seen from a street, and that all required parking spaces that are at the surface level are within a building and to the rear of surface level floor space used and occupied for a use permitted hereunder, then:

FAR may be increased to 1.30;
Height may be increased by up to 14 feet above the height specified in § 155-202; and
Impervious coverage may be increased to up to 90%.

Multiple Factors.

If an application provides for a combination of more than one of the increases permitted under Subsection A and B above, then, by conditional use, the Board of Commissioners may authorize the following:

FAR may be increased up to 1.60; and
Height may be increased by up to 24 feet but no greater than 70 feet.

Issues of general applicability to increases in density, height and impervious coverage.

The amount of the density increase, height increase and impervious coverage increase shall be noted on the plan and recorded in the Montgomery County Recorder’s Office in the book containing deeds.
In no event may any building, including roof mounted equipment and any other building projections, by operation of this section, extend higher than the lower of the following:

Eighty feet (80) above grade or
Five feet (5) below the top most elevation of any steep slope in the rear of the property, as measured without disturbing the steep slope. The foregoing notwithstanding, where the topmost elevation of any steep slope in the rear of the property is less than 65 feet, the maximum building height shall be 65 feet.

§ 155-205. Development design standards.

A. Purpose. The purpose of this section is to require pedestrian oriented buildings and to require building entrances to be oriented toward the streets and Pedestrian Ways. Windows must facilitate views into and out of buildings. Requirements for orientation and primary entrances are intended to:

Provide for convenient, direct, and accessible pedestrian access to and from Pedestrian Ways and residential and commercial uses;
Provide a safe, pleasant and enjoyable pedestrian experience by providing designated corridors designed for pedestrian use while limiting pedestrian/vehicle conflicts; and
Promote walking and biking as viable modes of transportation to access residential and non-residential facilities.

B. Building Orientation and Primary Entrance. General Standards. All buildings shall comply with the following standards:

Buildings shall be designed with window space, public access points and signage facing the street and sidewalk.
The façade treatment of walls visible to residential uses or residential zoning districts shall be similar to the Primary Front Façade along the pedestrian oriented street.
All buildings shall provide clear windows along the ground floor of the Primary Front Facades.
Primary building entrances shall be articulated and visible from the street.

Building entrances shall incorporate arcades, roofs, porches, alcoves and awnings that protect pedestrians from the sun and rain.
If the building has frontage on more than one street, the building shall provide primary entrances oriented toward both streets, or a single entrance to the corner where two streets intersect.

Driveways, parking areas and traffic circulation patterns shall be designed as shared facilities whenever feasible. The design of these elements shall create a unified site plan between the lots. The goal is to gain parking efficiencies, reduce the number of access points and improve internal and external vehicular circulation patterns.
Driveways shall be designed to directly connect the street to parking areas to the side or rear of a building, and no driveway shall be permitted in front of a building.
When one or more lot(s) is redeveloped such that 150 feet or more of new building façade is constructed along the Primary Front Facade, an additional access way connecting to an accessible building entrance for each 75 feet of new building facade shall be provided perpendicular to the street.
The primary pedestrian access point to buildings shall be clearly visible and directly accessible from the street, rather than onto rear or side parking lots. Secondary access points may be located along other façades.
There may be no more than one vehicular entrance and one vehicular exit through the planted area to any street.

C. Architectural Design Standards. The architectural design standards have been incorporated to ensure that buildings are thoughtfully designed to promote visibility along the narrow, winding corridor, to provide ample light and air and to further the growth of an inviting gateway to Lower Merion Township. The expectation is that buildings will be consistent with best architectural practices as of the date of their construction.

All buildings shall comply with the following:

All rooftop equipment, including antennas, shall be screened visually and acoustically. Such screening shall be integral to the architectural design of the building.
The massing of all buildings shall be de-emphasized in a variety of ways, including the use of architectural and landscape elements including form, structure and materials, to reduce their apparent overall bulk and volume, to enhance visual quality and to contribute to human-scaled development.
A minimum of 70% of the Primary Front Facade of the ground floor of any space used for non-residential purposes shall be clear windows and clear doors.
If less than 25% of any wall of a non-residential building is composed of windows, the wall shall be articulated by two or more of the following:

details in masonry courses,
the provision of blank window openings trimmed w/frames, sills and lintels
if the building is occupied by a retail use, recessed or projecting display window cases.

A minimum of 50% of the area of the second floor of Primary Front Facades shall be windows.
No reflective glass shall be permitted. Tinted windows shall allow a minimum of 85% light penetration into the building.
Flat roofs must have articulated parapets and cornices.
Pitched roof material may include slate (either natural or manmade), shingle (either wood or asphalt composition) and metal formed to resemble “standing seams” or other similar materials. Specifically prohibited are white, tan or blue shingles, and corrugated plastic or corrugated metal.
Exterior wall materials may include stucco, wood, wood clapboard stone, architectural concrete block or polished block, or brick of a shape, color and texture as that commonly found within the area and surroundings of the ROHO District. Specifically prohibited shall be white, tan or any type of painted brick; T-111 or other similar plywood siding.. Other materials shall be limited as follows: [Amended 5-1-2008 by Ord. No. 3850]

All forms of conventional concrete block shall be prohibited unless authorized by the Board of Commissioners under Section 2 below in locations that can’t be seen from adjacent properties.
Exterior insulation and finishing system (e.g., drivit) shall be limited to a maximum of 50% of any single façade, subject to approval by the Board of Commissioners under § 155-205.C(2) below.

The Board of Commissioners may, by conditional use, approve the use of architectural concepts and designs which differ from those set forth above, if the applicant demonstrates to the satisfaction of the Board that such concepts and designs are in furtherance of the legislative intent of this article and of this subsection.
Pedestrian Ways that are intended to connect one property to another shall:

Have a minimum unobstructed width of ten (10) feet.
Be separated from the curb line by a minimum ten (10) foot wide planted strip. This distance may be modified as the sidewalk approaches a common property line as necessary to allow the free flow of pedestrian and bicycle traffic to an existing Pedestrian Way on an adjacent property. In accordance with Section 135-24 of the Lower Merion Code, the Board of Commissioners shall have the right to require the landowner to provide such easement as is reasonably necessary so that if a Pedestrian Way on an adjacent parcel does not, as of the date of a development of a parcel, comply with these Development Design Standards but is later brought into compliance, the landowner’s Pedestrian Way can be connected to the complying Pedestrian Way on the adjacent parcel.
Contribute to completely linked network of Pedestrian Ways connecting residential and non-residential uses.
Not be used for exterior storage.
Outdoor seating for food and drink establishments and pedestrian-oriented accessory uses, such as sales display for flowers, small shops, and food or drink stands are permitted.

D. Signage

The sign regulations applicable to the underlying zoning district shall be applied in the ROHO. If these provisions are in conflict, the sign provisions in the ROHO shall apply.
Pedestrian scaled signage, which may include projecting signs or wall signs:

No portions of a sign or its supports are to be higher than 12 inches below the bottom of second story windows.
Projecting signs on a single property shall not be placed within 50’ of each other. There shall be no more than one projecting sign per storefront.
A clear space of not less than eight feet shall be provided below all parts of a projecting signs.
Be affixed to a building façade, canopy or arcade and shall not obstruct upper story windows or openings in any way.
Projecting and wall signs shall not be internally illuminated.
Projecting signs shall not project more than five feet from the building and shall not project closer than thirty-five feet to the curb line.

Freestanding Signage:

No more than one freestanding sign shall be permitted for each property’s street frontage
Freestanding signs shall not be internally lit. [The Board of Commissioners shall consider an exception for monument signs identifying the building, its owner, operator and, if non-residential, its tenant or occupant.]
The maximum height of a freestanding sign, including monument signs, shall be five feet above grade.

General Standards For All Signs:

The total sign area for a lot shall be a maximum of ½ square foot of signage for each lineal foot of building frontage.
No single sign shall exceed a maximum of fifty square feet.
All signs shall have applied, carved or painted letters no larger than 12 inches in height for signs located thirty or less feet above grade; 18 inches in height for signs located thirty to sixty feet above grade; and 24 inches in height for signs located sixty or more feet above grade.
All signs shall extend no closer than one-half the vertical height of the letters employed to the vertical edge of a building corner, or to the fascia, roofline or parapet, whichever is lower.
Signs shall be constructed only from wood, metal, stone or other similar material with dark background colors and light colored lettering. The Board of Commissioners may approve an alternative material if it can be demonstrated that the material will have the same appearance and texture as any of the approved materials.
If signs are illuminated, only external lighting mounted above the sign shall be permitted, except as set forth in this section. External lighting shall be shielded from adjacent properties by the use of either cutoff or full cutoff luminaires, or the use of external shields if necessary.
Non-flashing neon or LED signs may be used inside windows, provided the sign area occupies no more than 15% of the window where they are displayed.
Only traditional canvas awnings without interior illumination shall be permitted.
No sign may be leased or licensed to another, except to a party actually occupying material space in the building on which the sign is placed.

Signage shall not reduce visual permeability of street facing windows to less 85%.
Portable signs are prohibited.
Temporary window graphics shall not exceed 10% of the window surface, provided the standard set herein for visual permeability is met.
Permanent window graphics shall not exceed 30% of the window surface, provided the standard set herein for visual permeability is met.

E. Awnings and Canopies

Awnings and canopies shall be made of fire resistant canvas and may not be backlit.
The furthest extension of a ground floor awning and/or canopy shall be no less than 3 feet and no more that 7 feet.
Ground floor awnings and canopies shall terminate no less than 18 inches below the second floor windowsills.
Ground floor awning and canopy height shall not exceed 15 feet above pavement and shall be below the cornice or frieze.
Side flaps on awnings are encouraged.
Business logos or emblems are permitted on the top or angles portion of the awning up to a maximum of three square feet. No more than one emblem or logo is permitted on an awning.

F. Street Trees

Street trees shall be planted by the developer along all public rights-of-way in compliance with Chapter 101 and 128 of the Lower Merion Code. In locations where healthy and mature trees exist that comply with the street tree requirements, additional plantings are not required.
Street trees shall be at least 2.5 to 3 inches in diameter, measured at chest height, when planted and shall be spaced at intervals no greater than 40 feet along the public/pedestrian right of way.
Mature street trees shall be limbed up from the sidewalk to six feet (6’) to enhance pedestrian safety.
Tree species are to be selected according to the following criteria:

Cast moderate to dense shade in the summer;
Survive more than 60 years
Mature height of at least 50 feet
Street trees shall be deciduous, branching above six feet to facilitate viewing storefronts and signage;
Tolerant of pollution and direct or reflected heat
Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant;
Be able to survive two years w/no irrigation after establishment; and
Be of native origin, provided they meet the above criteria

§ 155-206. Steep slope provisions. [Amended 10-18-2006 by Ord. No. 3793]

Sections 155-166 shall not apply within the ROHO.
Disturbance of steep slopes and/or stony land steep soils with slopes in excess of 25%, is permitted only where necessary to stabilize areas which are remnants of previous non-coal industrial surface mining activity that predate July 20, 1977. Any such disturbance shall be the minimum necessary, in the opinion of the Township Engineer, to stabilize the sloped areas and in accordance with a stabilization plan approved by the Township Engineer. All freestanding structures, buildings and substantial improvements (with the exception of driveways and utilities when no other location is feasible) are prohibited on slopes of 25% or greater.

ARTICLE XXXIV
BMV - Bryn Mawr Village District
[Added 6-18-2008 by Ord No. 3855]

§ 155-210. Purpose; division into four districts.

The Bryn Mawr Village District is intended to provide for pedestrian oriented outlets with multifaceted interconnected and interrelated uses in an established commercial area. Specific objectives of the District include the following:

Encourage economic development while maintaining the traditional main street environment.
Protect existing residential neighborhoods.
Establish a walkable community by promoting pedestrian-oriented streets and pedestrian scaled buildings.
Encourage lively, human-scaled activities within a mix of residential, commercial, cultural and other uses separately or in the same building.
Ensure a vibrant street life by encouraging active ground floor retail, and discouraging certain uses on Bryn Mawr and Lancaster Avenues.
Promote the reuse of existing structures in a manner that maintains the historic and visual character architecture and building scale of the neighborhood.
Reduce auto dependency by promoting transit ridership, bicycling and walking.
Accommodate parking in a convenient and unobtrusive manner and encourage shared parking, where possible.
Promote residential uses in upper stories.
Concentrate commercial uses on the ground level of mixed-use buildings.

Because of the diverse concentration of commercial, office and residential buildings, and because the road system throughout the area is so varied, the Bryn Mawr Village District is being divided into four separate zoning districts as follows: the Bryn Mawr Village District No. 1 (BMV1), the Bryn Mawr Village District No. 2 (BMV2), the Bryn Mawr Village District No. 3 (BMV3), and the Bryn Mawr Village District No. 4 (BMV4). The regulations pertaining to each district have a commonality and for that reason the regulations are combined under this single article.

§ 155-211 Use Regulations – BMV2 Village District

In the BMV2 Village District, the following regulations shall apply.

Use Restrictions in the BMV2 Village District. The following uses are permitted in this district:

Apartment House
Townhouse Buildings
Structured Parking Facilities.

Conditional Uses.

The following uses are permitted by conditional use in the BMV2 Village District:
1. Office
2. Accredited or certified education institution
A conditional use may only be granted if the following criteria are met:

Lot width. A lot width of not less than 60 feet at the building line shall be provided for every building hereafter erected or used.
Building area. Not more than 40% of the area of each lot may be occupied by buildings.
Front yard. There shall be a front yard on each street on which a lot abuts, the depth of which shall be at least 30 feet. Vehicular parking shall not be permitted between the building and the street line.
Side yards. There shall be two side yards, together having an aggregate width of not less than 25 feet, neither of which shall be less than 10 feet wide.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
Buffer area. Where a property abuts a residence district, there shall be a buffer area along the district boundary line within the V2 District, the depth of which shall be at least 20 feet measured from the district boundary line. Where such a line is along a street, the depth of the buffer area shall be at least 20 feet from the right of way line of the street. The buffer area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a separate conditional use.
Impervious surfaces. Not more than 70% of the area of each lot may be covered with impervious surfaces.
The height of any building shall not exceed 38 feet.

Accessory buildings. An accessory building may be separate from the principal building on a lot, but shall not encroach upon or extend into any of the required yards.

§ 155-212 Use Regulations – BMV1, BMV3 and BMV4 Village Districts.

In the BMV1, BMV3 and BMV4 Village Districts, the following regulations shall apply.

The following uses are permitted on grade level and upper level floors:

Retail, excluding a Drive-Through Facility, and including variety/general merchandise, clothing, food, drugs, beverages, hardware, furnishings, antiques, baked goods, and other uses of a similar character.
Restaurant, cafe, taproom, tavern, bakery, deli, sandwich shop, ice cream shop and other food service establishments including, venues for music, but excluding drive through facilities. A walk up window is permitted with any of these uses.
Galleries and museums.
Theater, including motion pictures and live performances.
Inn and Bed-And-Breakfast.
Hotels.
Rail Transit Facilities. [Amended 12-3-2008 by Ord. No. 3870]
Public Gathering Space, park, and plaza.
Farmers Market
Personal services shop, such as tailor, barber, salon, shoemaker, dressmaker, dry cleaner (excluding on-site cleaning operations), but not including a check cashing store.
Parking Structure, municipal or commercial.
Municipal office.
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, including Parking Structures and Fitness Centers, day care center but specifically excluding off-track betting parlors, slot parlors and other gaming uses.
Any use of the same general character as any of the uses hereinbefore specifically permitted, excluding off-track betting parlors, slot parlors and gaming uses.

The following residential uses are permitted on upper floors of buildings fronting on Lancaster Avenue and Bryn Mawr Avenue and on any floor elsewhere:

Single-family detached and semi-detached dwellings
Townhouses or Townhouse Building
Apartment houses which shall include condominiums
Upper-story residential uses above non-residential uses
Live/work units for artisans, professionals and service providers, provided the work area does not exceed 50% of the floor area of the dwelling unit.
Reserved for affordable housing
Home or Continuing Care Facility For The Elderly
Sanatorium, nursing home, convalescent home

The following uses are permitted on upper floors of buildings fronting on Lancaster Avenue and Bryn Mawr Avenue and on any floor elsewhere. They are also permitted on the ground floor of buildings fronting on Lancaster Avenue and Bryn Mawr Avenue if the separation between these uses is at least 300 linear feet, measured from the closest property lines as a pedestrian would walk:

Business offices, such as real estate sales, travel agency, advertising, hospital administrative office, and other offices of a similar nature.
Professional office, such as medical office, law, engineering, architecture, or accounting.
Teaching facility.
Research Facility.
Day care center including adult day care and employee day care.
Bank or loan institution without Drive-Through Facilities.
Dance, music, personal fitness training, or art studios.

The uses permitted in Section C above shall also be permitted on grade level without being subject to the separation requirements when they are limited only to portions of the building more than 50’ from the Lancaster Avenue or Bryn Mawr Avenue right of way.
The following uses are permitted by conditional use on the upper floors of buildings fronting on Lancaster Avenue and Bryn Mawr Avenue, and on any floor elsewhere:

Government offices
Funeral homes
Religious institution and accessory uses affiliated with a religious institution.
Any use of the same general character as any of the uses hereinbefore specifically permitted, excluding off-track betting parlors, slot parlors and gaming uses.

§ 155-213. Dimensional Standards for Development.

The following development standards shall apply within all Bryn Mawr Village Districts.

Build-to-Line.

Build-to-line shall be the street Right-Of-Way.
1. However, where the Right-Of-Way is closer than 10 feet from the curb line, the build-to-line shall be a minimum 10 feet from the curb line.
2. On Lancaster and Bryn Mawr Avenues, the build-to-line shall be a minimum 12 feet from the curb line.
3. This subsection shall not apply to a parking structure in the BMV2 District.
A building may be set back from the build-to line 10 feet to 30 feet for purposes of an urban garden, plaza, square, courtyard, recessed entrance or outdoor dining consistent with streetscape and green area standards in Subsection E below.
Primary pedestrian access must be placed along the build-to line and not the rear or side of the building. Additional pedestrian access points may be located along other facades.
Parking lots, driveways, loading zones, and auto related areas may not be located at or in front of the build-to line, except that a Hotel may have a drop off area in front of its primary entrance.
Any portion of a new building or addition to an existing building above three stories or thirty-eight (38) feet above grade must be stepped back from the build-to line a minimum of ten (10) feet.

Side Yard Setback. There is no required minimum side yard setback. However, if a new or expanded structure is not built up to the side lot line, the new or expanded portion of the building must be set back a minimum of 10 feet from the side lot line.
Impervious surface.

In the BMV1 Village District the permitted impervious surface is 90%. The impervious coverage may be increased above 90% at a rate of one square foot of additional impervious surface for each two square feet of grade level Green Roof that is open and accessible to the public.
In the BMV2 Village District the permitted impervious surface is 70%, except for structured parking facilities open to the public which are permitted a 100% impervious surface.
In the BMV3 and BMV4 Village District the permitted impervious surface is 100%, subject to compliance with the greening standards, and 70% if the greening standards are not complied with.

Open Area. In the BMV1 Village District, 20% of the area of the property shall remain as open area. "Open area" for purposes of this section is land that shall remain open, but which may be used for active or passive recreation, resource protection, amenity and or green elements. An open area within a development is one designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general. Open area shall not include buildings, driveways or areas used for parking.
Greening Standards. In the BMV1, BMV2, BMV3 and BMV4 Village Districts the greening standards set forth in Chapter 135, Subdivision and Land Development at §135-41.4 shall apply.
Size of individual retail or restaurant uses in commercial spaces. A maximum of 13,000 square feet of floor area per floor shall be permitted for individual retail or restaurant use within commercial spaces on lots up to 75,000 square feet. On lots exceeding 75,000 square feet, the 13,000 square foot limit may be increased by 1,000 square feet for every 5,000 square feet of lot area above 75,000 square feet. The maximum size of any retail or restaurant use within a commercial space, regardless of the lot size, shall be 20,000 square feet.
uilding Height. The minimum and maximum building height shall be as listed in Table 3, Height and Density Chart. The maximum building height cannot exceed the measure in stories or in feet, whichever is lower, unless otherwise provided for in this article.
Floor Area Ratio. The Floor Area Ratio limits shall be as listed in Table 3 below.
Height and Density.

Table 3 Height and Density Chart
Requirements	BMV1	BMV2	BMV3	BMV4
Minimum Height	2 stories (26 feet)	2 stories (26 feet)	2 stories (26 feet)	2 stories (26 feet)
Street Wall Height (maximum)	3 stories (38 feet)	3 stories (38 feet)	3 stories (38 feet)	3 stories (38 feet)
Total Height (maximum)	4 stories (50 feet)	3 stories (38 feet)	3 stories (38 feet)	3 stories (38 feet)
Stepback (min.)	10 feet	---	---	---
FAR (max.)	2.1	1.6	1.6	1.6

Buffer Area

Where a lot in the Bryn Mawr Village District abuts a residential use in a residential zoning district or a railroad right of way with a residential district on the opposite side of the railroad, there shall be a Buffer Area along the district boundary line/railroad right of way within the Village District, as set forth the below:
1. Where the district boundary line abuts a residential use in a residential zoning district, the depth of the buffer shall be at least twenty (20) feet.
2. Where the district boundary line is the center of a street or at a street line, there shall be a planted landscape area along the curb line. . Other than the required street trees, the plantings shall not exceed thirty (30) inches in height.
3. Where the district boundary line is a railroad right of way, the depth of the buffer may be reduced to fifteen (15) feet from the railroad right of way.
4. The Buffer Area shall be planted with a variety of high and low level plantings. Where the required buffer is along a railroad right of way, a wall or a fence or a similar architectural feature that satisfies the purpose of the buffer requirement may be used in addition to the plantings.
5. There may not be more than one vehicular entrance and one vehicular exit through the Buffer Area to any street.
6. Any lot which becomes vacant through the removal of a structure for any reason must be screened from all abutting public streets by shade trees and a minimum six (6) foot wide landscaped area with a continuous row of two (2) foot high shrubs.
Where a use other than a one or two family dwelling located in the BMV District abuts a one or two family dwelling in the BMV District, the depth of the buffer shall be 15 feet.

Height and Density increases

Height and density limits in Table 3 may be increased in accordance with Table 4 subject to compliance with any one of the following options:
1. Reserved for Affordable or workforce housing.
2. Public Space. If at least 10% of total lot area is dedicated contiguous Public Gathering Space (minimum 1,000 square feet) the FAR may be increased by up to 0.2.
3. Underground Parking. If at least 15% of the required parking is below grade, the FAR may be increased by up to 0.2
4. Green Roof. If a building is constructed with a green roof, the FAR may be increased by up to 0.2
The height of a parking structure in a BMV3 District may be increased up to a maximum height of 55 feet without limiting the number of stories, subject to the following requirements:
1. The parking structure shall be visually screened from all adjacent public streets by residential buildings or by commercial buildings if erected as of the effective date of this ordinance.
2. A parking structure may not front on or gain access from Lancaster Avenue or Bryn Mawr Avenue.
3. The maximum height of any building wrapping the parking structure shall be three stories or 38 feet, whichever is lower, if the building is within 125 feet of a residentially zoned property
4. The maximum height of any building wrapping the parking structure shall be four stories or 50 feet, whichever is lower, with a 15 foot step back above any portion of the building over 38 feet, if the building is more than 75 feet from a residentially zoned property
If two height and density increases permitted above are used the FAR may be increased by up to 0.4 above the limits in Table 3.

Table 4 Height and Density Increase Chart
	BMV1	BMV2	BMV3	BMV4
Minimum Height	2 stories (26 feet)	2 stories (26 feet)	2 stories (26 feet)	2 stories (26 feet)
Street Wall Height (maximum)	3 stories (38 feet)	3 stories (38 feet)	3 stories (38 feet)	3 stories (38 feet)
Total Height (maximum)	5 stories (62 feet)	3 stories (38 feet)	4 stories ** (50 feet)	3 stories (38 feet)
Stepback (min.)	15 feet	---	10 feet	----
FAR (max.)	2.5	1.6	2.0	2.0

A parking structure in the BMV3 zoning district may be up to 59 feet (or the alternative height limit of 55 feet) in height subject to the restrictions in Section 155-213 K(2).
**A 15 foot step back is required for a building authorized under Section 155-213 K (2) above.

§ 155-214 Parking and Loading.

The parking and loading provisions of §155-94 and §155-95 shall apply in the Bryn Mawr Village Districts, except where in conflict with the provisions below:

General Standards.

Additional parking in the Bryn Mawr Village District is not required for an expansion to existing buildings if the expansion complies with Village District regulations and the building is on a lot smaller than 3,000 square feet.
Changing a non-residential use in an existing building to another use or uses permitted in the Bryn Mawr Village District does not require additional on-site parking provided that:
1. The new use requires not more than 15 additional parking spaces above that required by the existing use; and
2. Any exterior changes to the building comply with the development design standards in §155-215.
All other single and mixed use developments in the Village District must provide parking spaces according to the following ratios:
1. Residential: 1.5 spaces per unit
2. Residential units exceeding two bedrooms: 2 spaces per unit
3. Affordable or Workforce Housing: 1 space per unit
4. Continuing Care Facility for the Elderly: 1 space per unit
5. Commercial (retail, restaurant, office, etc.): 4 spaces per 1,000 square feet
6. Hotel: 1 space per room
7. Theater: 1 space per 5 seats. This parking requirement may be met by counting off site metered spaces in a municipal parking lot within 900 feet of the theater use. Each metered space may only be counted once for theater use when this parking provision is utilized. [Amended 7-20-2011 by Ord. No. 3948]
8. Fitness Center: 5 spaces per 1,000 square feet
9. All other uses: 4 spaces per 1,000 square feet of floor area.

Surface Parking.

Vehicular access to surface parking shall be from an alley or side street where possible.
Surface parking and exterior loading areas shall be placed between the structure and rear lot line and shall comply with the following standards:

On a corner lot, if surface parking and exterior loading cannot be behind the buildings and screened from view, then the parking shall be located along the street with the least amount of vehicular traffic or along the street with the least amount of pedestrian activity.
Pedestrian Access to and through a surface parking lot shall require safety provisions giving warning of the pedestrian walkway. Surface parking areas and pedestrian walkways connecting to them shall be well-lit, subject to compliance with the requirements of the energy code adopted under the Pennsylvania Uniform Construction Code.
Surface parking that is visible from the street shall be screened by a fence or wall and plantings. Plantings or shrubs shall be maintained at a height of two to three feet.
Off-street surface parking shall not extend more than 70 feet in width along any street frontage without being interrupted by an outdoor cafe, landscaped garden or public plaza with seating.
Parking and exterior loading areas shall be buffered from any adjacent pedestrian way by planting street trees and providing a six-foot-wide landscaped area with a continuous row of two-foot-high (minimum) shrubs, or a fence or seating wall not less than two feet and no more than three feet high. Shrubs shall be maintained at a height of two feet to three feet.

Parking Structures.

Except in BMV2 District, a parking structure shall be:

Placed underground; or
The façade facing a street shall be wrapped with other permitted uses such as retail or residential

In all Village Districts a parking structure shall comply with the following:

Sloping floors and bare slabs shall not be visible from any public street except at access points; and
Vehicular access to parking garages shall be from side streets or alleys

Every facade of a parking structure visible from a public or private street or pedestrian way shall be pedestrian oriented and scaled. Building design shall comply with the development design standards and shall be complementary to nearby active facades, in terms of building materials and architectural pattern, and comply with the design development standards in § 155-215.

Off site and Shared Parking.

Parking requirements may be met using off-site parking subject to the following requirements:

On street parking spaces directly in front of the building may be counted to comply with the required parking.
All off site required parking shall be located within 1,000 feet of the proposed building.
The applicant shall demonstrate that they have entered into a perpetual agreement with the property owner providing the required parking spaces.
The applicant shall demonstrate that the off site parking spaces are not required parking for another building.

Shared use of parking spaces for a building containing both residential and non-residential uses shall be permitted using the peak demand calculations listed in Table 5 as follows:
1. First, calculate the minimum amount of parking required for each land use as if it were a separate use.
2. To determine the peak parking requirements, multiply the minimum parking required for each proposed land use by the corresponding percentage in the table below for each of the time periods.
3. Calculate the column total for each time period.
4. The column (time period) with the highest value shall be the minimum parking requirement.

If adequate on-site parking is not available, the parking requirements may be met by designating metered spaces in a municipal parking lot within 900 feet of the proposed use. Each metered space may only be allocated once when this parking provision is utilized. A maximum of 25 such metered spaces may be designated under this section for buildings being expanded, and a maximum 10 such metered spaces for new buildings. If such metered spaces are designated for dwelling units, the parking required on the lot where the residential units are located shall not be reduced to less than one space per unit. The provisions of this paragraph shall not apply to parking required for a student home use.
Service parking and loading. [Amended 7-20-2011 by Ord. No. 3948]

To the greatest extent feasible, areas used for loading or trash receptacle purposes shall not be located adjacent to residential uses or residential zoning districts. The minimum setback from a residential property line shall be 10 feet. Loading and trash receptacle areas shall be visually screened from view from any residential use or residential zoning district.
The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse enclosure outside of the building shall be designed to be architecturally compatible with the building(s), shall not be located in the front of the building. and shall be entirely screened by a fence or enclosure that is at least six feet high.

§ 155-215. Development Design Standards.

The following Development Design Standards shall apply in all Bryn Mawr Village Districts.

Purpose. The purpose of this section is to establish consistent requirements that promote pedestrian-oriented design and traditional Bryn Mawr Village character. Adherence to these standards will carry out the purposes of the district set forth in §155-210 above, will encourage property maintenance and will preserve and enhance property values within the District.. It has been clearly demonstrated that the economic success of a suburban commercial center is promoted by well maintained properties consistent in scale and appearance. The principles guiding the administration of these standards are as follows:

New buildings should complement the pattern of existing landmark structures and have a building fabric that relates to their site and surroundings.
Buildings should respond at street level to a pedestrian scale.
Provide emphasis at prominent locations to buildings:
1. with prominent façades that terminate view corridors; or
2. whose corners are at gateway locations; or
3. that either surround or are surrounded by open space.
New and existing development should have a consistent character.
Active ground floor uses should have multiple entrances and distinctive entrance treatments.
Texture and variety should be provided through façade articulation and composition.
Architectural expression should be provided in windows, doors, walls, and roofs.
Pedestrian pathways should be provided that are safe and attractive.
Street trees and shade trees should be employed to enhance development.

Façade Articulation. Façade articulation is a series of small setbacks and projections in the overall street wall. Articulation breaks the scale of the building into an aggregate of smaller forms, introduces rhythm, and relates to the human scale, without detracting from the overall sense of a consistent street wall. All new, renovated or expanded buildings shall comply with the following standards:

The main façade of buildings shall be designed to emphasize entry ways, windows, corners, and vertical elements of the building façade, as well as other special features.
The depth of the articulated elements shall fall within a range of two (2) to five (5) feet.

Façade Composition. Façade composition is the arrangement of materials and details to distinguish the components of the building, particularly its base and top. All new, renovated or expanded buildings shall comply with the following standards:
1. All new building façades shall be built to the scale of the other buildings on the street.
2. The design shall distinguish and emphasize the building’s base and top, and reinforce the scale of the street for the pedestrian.
3. The proportion of the façade of a building built on a corner lot shall be most prominent on the primary street.
4. All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view.
Ground Floor Façade. The ground floor is the primary zone of interaction for pedestrians on the street, and includes the elements of uses, doorways, access points and window transparency. Visual access and active uses at the ground floor help ensure a vibrant pedestrian environment, especially when there are multiple entries, visual clues as to the entrance locations, and alignment with visual axes and prominent corners. All new, renovated or expanded buildings shall comply with the following standards:
1. The main entrances of buildings shall face the street or public space and be oriented to the dominant street.
2. Lobbies and retail spaces must be clearly connected to the outdoor environment and visible from the street.
3. The placement of windows is defined by the use of the ground level.
4. When a building façade or tenant space faces a primary street and a side or rear parking lot, the main entrance shall face the primary street. Secondary entrances are permitted to face the side or rear parking lot. Rear tenant spaces that only face a side or rear parking lot are not required to have an entrance along a primary street.
Architectural Elements.

The architectural design of buildings shall complement the scale and proportion of surrounding buildings, celebrate innovative design, and be varied in context. Windows at the ground floor are important in activating the building and encouraging pedestrian traffic.
All new, renovated or expanded non-residential/commercial buildings shall comply with the following standards:

Windows and doors: primary front façade
1. The ground floor of the primary front façade shall contain between 65% to 70% clear windows and doors.
2. Bronze glass, highly reflective glass, tinted or black and smoked glass is prohibited.
3. Windows and door openings at the ground floor of the primary front façade must occur in a ratio of at least 3:1 between openings and solid surfaces.
4. Windows above the ground floor on the primary front facade of new or expanded buildings must be clear and occur in a wall-to-window ratio of .75:1 to 1.25:1 along the horizontal width of the facade to result in a pattern of solid wall buildings with punched windows. [Amended 1-21-2009 by Ord. No. 3875]
5. Individual windows in upper stories of the primary front façade(s)shall be vertically aligned with the location of windows and doors on the ground level to the extent possible.
6. The design of the ground floor shall be complementary to the Village district, with commercial uses having large, clear window displays:
  1. The maximum sill height above the adjacent sidewalk elevation shall be two feet or lower;
  2. Window heads shall be nine feet to 12 feet above sidewalk level;
  3. The top of the display window(s) in the primary front façade shall be at least as high as door height.
Windows and Doors: secondary façades. Any building wall with less than 25% of clear windows shall be articulated by two or more of the following methods:

Details in masonry courses;
Blank window openings trimmed with frames, sills and lintels;
Where the building is occupied by a commercial use, recessed or projecting window cases.

Ground floor exterior doors that swing onto a public walkway that is less than six feet wide shall be set into the building to avoid conflict with pedestrians. Doors swinging out that do not project into a required public walkway shall include a barrier to prohibit doors from obstructing the pedestrian way.
Exterior Walls. Construction materials may include stucco; wood clapboard (including hardiboard siding); native stone; architectural concrete block; or polished block, or brick of a shape, color and texture as that found within the Bryn Mawr Village District.

Specifically prohibited shall be any type of painted brick, T-111 or other similar plywood siding, and all-metal buildings. Exterior insulation and finishing system (EIFS) is prohibited unless authorized by the Board of Commissioners under §155-215E(3) below.
All forms of conventional unfinished concrete block shall be prohibited, except on walls not visible from any public way.

All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, Arcade or other visual device.
The massing of all buildings shall be de-emphasized through the use of projecting and recessed elements such as porches, windows, and roof dormers to reduce overall bulk and volume, enhance visual quality and contribute to human-scale development. Such breaks in facades and roof lines shall occur not more frequently than the width of two Village District shop fronts (generally about 25 feet each) nor less frequently than 100 feet.
Roofs.

The tops of buildings must express the roof line and have either pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Fascias, dormers and gables or similar architectural features shall be employed to provide visual interest. All gables shall be functional.
Pitched roofs shall have a minimum slope of 4:12.
Pitched roof material may include:
1. Slate, either natural or manmade; or
2. Shingle, either wood or asphalt composition; or
3. Metal formed to resemble “standing seams” or other similar materials.
Corrugated plastic or metal roofs are specifically prohibited.
All roof-top mechanical equipment and other appurtenances, including antennas shall be screened visually and acoustically. Such screening shall be integrated into the architectural design of the building.

The Board of Commissioners may, by conditional use, approve the use of architectural standards and designs that differ from those set forth above if the applicant demonstrates to the satisfaction of the Board that such standards and designs are in furtherance of the legislative intent of this article and of this subsection.

Table 5 Parking Requirements
Land Use	Percentage of Peak Demand for Key Times¹
	Weekdays					Saturday
	10am	1pm	5pm	8pm	10pm	10am	1pm	5pm	8pm	10pm
Residential	85	80	85	95	100	70	65	75	95	100
Office	100	90	50	5	5	15	15	5	0	0
Retail	50	75	75	65	25	50	100	90	65	35
Hotel	45	30	60	90	100	40	30	60	90	100
Restaurant	20	70	70	100	95	5	45	60	100	95
Theater	0	60	60	85	85	0	70	70	100	100
Fitness Center	10	80	100	30	10	60	80	60	30	10

1 Source of Peak Demand Percentages is the Urban Land Institute’s Shared Parking Standards

ARTICLE XXXV
City Avenue District
[Added 4-30-2012 by Ord No. 3961]

§ 155-216. Purpose; division into two districts.

City Avenue is the boundary between the City of Philadelphia and Lower Merion Township. The City Avenue District encompasses properties on both the Lower Merion and Philadelphia sides of the Avenue. The Township has worked cooperatively with the City to encourage development and redevelopment of the City Avenue District.

§ 155-217. City Avenue District - Regional Center Area (RCA)

The Regional Center zoning is designed to complement the new zoning on the Philadelphia side of City Avenue.

§ 155-218. City Avenue District – Bala Cynwyd Retail District (BCR)

The Bala Cynwyd Retail zoning is designed to complement the new zoning on the Philadelphia side of City Avenue, preserve the existing retail character of the area, and provide a transition to the existing residential neighborhood.

*****************

TABLE OF ZONING MAP AMENDMENTS

The list of amendments to the Zoning Maps dated 1973, as adopted 3-20-1963 by Ord. No. 1417 and revised June 1973, with all map changes up to and including Ord. No. 3854 dated 6-19-2008. The complete text of each amendment is available in the office of the Township Secretary.

R AA	Residence Districts
R A	Residence Districts
R 1	Residence Districts
R 2	Residence Districts
R 3	Residence Districts
R 4	Residence Districts
R 5	Residence Districts
R 6	Residence Districts
R 6A	Residence Districts
R 7	Residence Districts
CO	Commercial Districts
CL	Commercial Districts
C 1	Commercial Districts
C 2	Commercial Districts
M	Manufacturing and Industrial Districts
ASDD	Ardmore Special Development District
MC	Medical Center District [Added 9-22-2004 by Ord. No. 3718]
BMMD	Bryn Mawr Medical District [Added 5-11-2005 by Ord. No. 3742]
BMV1	Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]
BMV2	Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]
BMV3	Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]
BMV4	Bryn Mawr Village District [Added 6-18-2008 by Ord. No. 3855]
RCA	City Avenue District [Added 4-30-2012 by Ord. No. 3961]
BCR	City Avenue District [Added 4-30-2012 by Ord. No. 3961]

Chapter 155 ZONING

Please note: The contents of this HTML document are current to Ordinance 3961 of the Code of the Township of Lower Merion.

TABLE OF CONTENTS

ARTICLE I General Provisions

ARTICLE II Definitions

ARTICLE III Classification of Districts

ARTICLE IV R AA Residence Districts

ARTICLE V R A Residence Districts

ARTICLE VI R 1 Residence Districts

ARTICLE VII R 2 Residence Districts

ARTICLE VIII R 3 Residence Districts

ARTICLE IX R 4 Residence Districts

ARTICLE X R 5 Residence Districts

ARTICLE XI R 6 Residence Districts

ARTICLE XII R 6A Residence Districts

ARTICLE XIII R 7 Residence Districts

ARTICLE XIV CO Commercial Districts

ARTICLE XV CL Commercial Districts

ARTICLE XVI C 1 Commercial Districts

ARTICLE XVII C 2 Commercial Districts

ARTICLE XVIIA Ardmore Special Development District [Added 6-20-1990 by Ord. No. 3193]

ARTICLE XVIIB Mixed Use Special Transit District (MUST) [Added 4-26-2006 by Ord. No. 3776]

ARTICLE XVIII M Manufacturing and Industrial Districts

ARTICLE XIX Signs [Amended 3-20-1985 by Ord. No. 2068; 10-16-1991 by Ord. No. 3257]

ARTICLE XX Off-Street Parking Facilities

ARTICLE XXI Nonconforming Uses

ARTICLE XXII Administration and Certificates

ARTICLE XXIII Zoning Hearing Board

ARTICLE XXIV Amendments

ARTICLE XXV General Regulations

ARTICLE XXVI Open Space Preservation District [Added 12-19-1990 by Ord. No. 3222]

ARTICLE XXVIA Historic Resource Overlay District [Added 3-15-2000 by Ord. No. 3560]

ARTICLE XXVII Floodplain District [Amended 11-19-1975 by Ord. No. 1752; 9-21-1977 by Ord. No. 1802; 1-18-1978 by Ord. No. 1810]

ARTICLE XXVIII Steep Slopes [Added 7-20-1977 by Ord. No. 1799]

ARTICLE XXVIIIA Continuing Care Facilities for the Elderly [Added 2-15-1984 as Ord. No. 2046]

ARTICLE XXVIIIB Wooded Lots [Added 9-18-1985 by Ord. No. 2084]

ARTICLE XXIX Penalties; Remedies; Charges

ARTICLE XXX Alternative Housing Options for the Elderly [Added 6-15-1988 by Ord. No. 3097]

ARTICLE XXXI MC Medical Center District [Added 9-22-2004 by Ord. No. 3718]

ARTICLE XXXII Bryn Mawr Medical District [Added 5-11-2005 by Ord. No. 3742 - Repealed; 9-21-2005 by Ord. No. 3753 - Repealed Added 5-11-2006 by Ord No. 3777]

ARTICLE XXXIII ROHO - Rock Hill Overlay District [Added 5-24-2006 by Ord No. 3782]

ARTICLE XXXIV BMV - Bryn Mawr Village District [Added 6-18-2008 by Ord No. 3855]

ARTICLE XXXV City Avenue District [Added 4-30-2012 by Ord No. 3961]

TABLE OF ZONING MAP AMENDMENTS

Chapter 155
ZONING

ARTICLE I
General Provisions

ARTICLE II
Definitions

ARTICLE III
Classification of Districts

ARTICLE IV
R AA Residence Districts

ARTICLE V
R A Residence Districts

ARTICLE VI
R 1 Residence Districts

ARTICLE VII
R 2 Residence Districts

ARTICLE VIII
R 3 Residence Districts

ARTICLE IX
R 4 Residence Districts

ARTICLE X
R 5 Residence Districts

ARTICLE XI
R 6 Residence Districts

ARTICLE XII
R 6A Residence Districts

ARTICLE XIII
R 7 Residence Districts

ARTICLE XIV
CO Commercial Districts

ARTICLE XV
CL Commercial Districts

ARTICLE XVI
C 1 Commercial Districts

ARTICLE XVII
C 2 Commercial Districts

ARTICLE XVIIA
Ardmore Special Development District
[Added 6-20-1990 by Ord. No. 3193]

ARTICLE XVIIB
Mixed Use Special Transit District (MUST)
[Added 4-26-2006 by Ord. No. 3776]

ARTICLE XVIII
M Manufacturing and Industrial Districts

ARTICLE XIX
Signs
[Amended 3-20-1985 by Ord. No. 2068; 10-16-1991 by Ord. No. 3257]

ARTICLE XX
Off-Street Parking Facilities

ARTICLE XXI
Nonconforming Uses

ARTICLE XXII
Administration and Certificates

ARTICLE XXIII
Zoning Hearing Board

ARTICLE XXIV
Amendments

ARTICLE XXV
General Regulations

ARTICLE XXVI
Open Space Preservation District
[Added 12-19-1990 by Ord. No. 3222]

ARTICLE XXVIA
Historic Resource Overlay District
[Added 3-15-2000 by Ord. No. 3560]

ARTICLE XXVII
Floodplain District
[Amended 11-19-1975 by Ord. No. 1752; 9-21-1977 by Ord. No. 1802; 1-18-1978 by Ord. No. 1810]

ARTICLE XXVIII
Steep Slopes
[Added 7-20-1977 by Ord. No. 1799]

ARTICLE XXVIIIA
Continuing Care Facilities for the Elderly
[Added 2-15-1984 as Ord. No. 2046]

ARTICLE XXVIIIB
Wooded Lots
[Added 9-18-1985 by Ord. No. 2084]

ARTICLE XXIX
Penalties; Remedies; Charges

ARTICLE XXX
Alternative Housing Options for the Elderly
[Added 6-15-1988 by Ord. No. 3097]

ARTICLE XXXI
MC Medical Center District
[Added 9-22-2004 by Ord. No. 3718]

ARTICLE XXXII
Bryn Mawr Medical District
[Added 5-11-2005 by Ord. No. 3742 - Repealed; 9-21-2005 by Ord. No. 3753 - Repealed
Added 5-11-2006 by Ord No. 3777]

ARTICLE XXXIII
ROHO - Rock Hill Overlay District
[Added 5-24-2006 by Ord No. 3782]

ARTICLE XXXIV
BMV - Bryn Mawr Village District
[Added 6-18-2008 by Ord No. 3855]

ARTICLE XXXV
City Avenue District
[Added 4-30-2012 by Ord No. 3961]