AN ORDINANCE Amending The Code Of The Township Of Lower Merion, Chapter 155, Entitled Zoning, By Creating A New Zoning District, The Bryn Mawr Village Zoning District; To Provide For The Bryn Mawr Village District To Be Divided Into Four Zones, BMV1, BMV2 Bryn Mawr Village District, BMV3 Bryn Mawr Village District And BMV4 Bryn Mawr Village District; To Provide The General Goals Of The District; To Provide For Permitted Uses In The District, Including Residential, Non-Residential And Commercial Uses; To Provide Definitions For Terms Used In The Ordinance; To Provide For Parking Requirements; To Provide Development And Design Regulations For Structures; To Provide For The Manner In Which Density Can Be Determined; To Provide Regulations Concerning Signage, Awnings And Canopies;
The Board of Commissioners of the Township of Lower Merion hereby ordains:
Section 1. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article II, Definitions, 155-4, Terms defined, subsection B, shall be amended by the addition in alphabetical order of the following words:
§ 155-4. 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:
AFFORDABLE HOUSING – Reserved.
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.
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.
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.
STREET WALL – The main wall of a structure that is closet to and most nearly parallel with the adjacent street.
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.
TRANSIT ORIENTED DEVELOPMENT (TOD) – Moderate and high-density housing and commercial concentrated in mixed-use developments located along transit routes and within walking distance of a transit stop and core commercial area. The location, design, and mix of uses in a TOD emphasize Pedestrian-Oriented Design and encourage the use of public transportation.
VILLAGE – A compact town center of predominantly residential character but with a core of mixed-use commercial, residential and community services, local economic and social functions integrated with housing. A village typically has a recognizable center, discrete physical boundaries, and a pedestrian scale and orientation.
WORKFORCE HOUSING – Reserved
Section 2. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, shall be amended by the addition of a new Article XXXIV, Bryn Mawr Village District, to provide as follows:
§ 155-210 Purpose
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 scale 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 and 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 and retail 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 #1 (BMV1), the Bryn Mawr Village District #2 (BMV2), the Bryn Mawr Village District #3 (BMV3), and the Bryn Mawr Village District #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.
The following uses are permitted by conditional use in the BMV2 Village District:
Office
Accredited or certified education institution
Office and educational uses permitted by conditional use in this district shall be subject to the following requirements:
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:
The following additional uses are permitted on upper floors of buildings fronting on Lancaster Avenue and Bryn Mawr Avenue and on any floor elsewhere:
C. 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:
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:
§ 155-213. Dimensional Standards for Development.
The following development standards shall apply within all Bryn Mawr Village Districts.
A. Build-to-Line
B. 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.
C. Impervious surface
D. 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 code 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.
E. Greening Standards. In the BMV2, BMV3 and BMV4 Village Districts the Greening Standards set forth in Chapter 135, Subdivision and Land Development at §135-41.4 shall apply.
F. Size of individual tenant space. A maximum of 13,000 square feet of floor area per floor shall be permitted for an individual tenant space in a retail or restaurant use on one floor (single use, nonresidential) 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 the lot area above 75,000 square feet. The maximum size of any retail or restaurant space, regardless of the lot size, is 20,000 square feet.
G. Building Height. The minimum and maximum building height shall be as listed in Table #3, Height and Density Chart. The maximum building heights cannot exceed the measure in stories or in feet, whichever is higher.
H. Floor Area Ratio
Table 3. Height and Density 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) | 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 |
J. Buffer Area
K. Height and Density increases
L. 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:
A. General Standards
B. Surface Parking
C. Parking Structures
D. Off site and Shared Parking
Parking requirements may be met using off-site parking subject to the following requirements:
Shared use of parking spaces for buildings with mixed uses shall be permitted using the peak demand calculations listed in Table #5 as follows:
E. 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
F. If adequate on-site parking is not available, the parking requirements may be met by designating public parking spaces within 900 feet of the proposed use. Each public parking space may only be counted once when this parking provision is utilized. A maximum of 25 parking spaces in public parking lots may be designated under this section for buildings being expanded, and a maximum ten (10) spaces for new buildings. 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.
G. Service parking and loading
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. The minimum setback from a residential property line shall be 10 feet. If these areas must be located adjacent to residential uses or zoning districts then they shall be visually screened from view.
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 area 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 be at least six feet high.
§ 155-215. Development Design Standards
The following Development Design Standards shall apply in all Bryn Mawr Village Districts.
A. Purpose. The purpose of this section is to establish consistent requirements that promote pedestrian-oriented design and traditional Bryn Mawr Village character. The principles guiding the administration of these standards are as follows:
B. 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 texture, and relates to the human scale, without detracting from the overall sense of a consistent street wall. All new and rehabilitated 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.
C. Façade Composition. Façade composition is the arrangement of the materials and details to distinguish the components of the building, particularly its base and top. All new and rehabilitated buildings shall comply with the following standards:
D. Ground Level Façade
The ground level is the primary zone of interaction for pedestrians on the street, and includes the elements of uses, doorways, 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 and rehabilitated buildings shall comply with the following standards:
E. 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
Windows and Doors - Secondary Façades
Ground Floor 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 obstructing the Pedestrian Way.
Exterior Walls
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 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.
Section 3. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XIX, Signs, shall be amended by the addition of a new section 155-93.3.2, to provide as follows:
§ 155-93.3.2 Signs in the Bryn Mawr Village District.
In the Bryn Mawr Village Districts, 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.
A. Maximum Signage Square Footage
B. Fabrication Techniques
C. Prohibited Signs and Conditions
The following signs are not permitted:
D. 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:
E. 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:
F. Banner Signage
Fabric or rigid material mounted with use of poles, typically oriented perpendicular to structure façade.
G. Freestanding signs
H. 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.
I. 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:
J. 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:
K. 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:
L. Permanent Storefront Window Graphics. These are permanent window graphics with the tenant’s mark or hours of operation. The following standards shall apply:
Section 4. The Code of the Township of Lower Merion, Chapter 135, Subdivision and Land Development, Article V, General Standards, shall be amended by a new §135.41.4, Greening Standards, to provide as follows:
§ 135-41.4 Greening Standards. Development which is required to meet Greening Standards shall comply with the following regulations:
Land development plans must contain elevations and conceptual sketches demonstrating compliance with the greening standards set forth herein.
Each addition and new construction project shall comply with the greening standards in Table #1 and provide the greening elements set forth in Table #2.
The greening elements in Table #2 may be clustered or evenly spread along a property’s frontage provided that a minimum of 50% of the requirement is met within each 100 linear feet of frontage.
The total number of points required in Table #1 for an application are determined by dividing the total frontage of the subject property by 25. This total is then multiplied by the “Amount” column in Table #2.
The following standards apply to the “Urban Garden” item in Table #2:
A minimum of sixty percent (60%) of the garden area shall be landscaped with trees, vines, shrubs and seasonal flowers.
One fixed seating space is required for each 50 square feet of garden area. No additional points will be awarded for this item.
A trash container shall be provided in the garden area.
The following standards apply to the “Plaza, Square and Courtyard” item in Table #2:
The area shall be visible and accessible from a public walkway or sidewalk.
Thirty percent (30%) of the area shall be landscaped with trees, shrubs and mixed plantings with year-round interest. One tree is required for every 500 square feet.
Paving materials that may be used are limited to the following: unit pavers, paving stones or concrete. No more than 20% of the area may be concrete.
One seating space is required for each 50 square feet of plaza area.
No parking, loading or vehicular access is allowed other than for emergency vehicles.
Trash containers shall be provided throughout the area.
Shade shall be provided by trees, canopies, trellises, building walls or tables with umbrellas.
Whenever possible the area shall be connected to outdoor cafes, restaurants or building entrances and located with maximum direct sunlight to a south or west direction.
The applicant must submit a Maintenance Plan describing how improvements will be managed and maintained. The responsibility for maintenance shall rest with the owner of the property or the condominium association.
Where existing conditions of the lot are such that meeting the requirements of this section would be prohibitive, the applicant shall demonstrate that such conditions prohibit compliance. An alternative plan shall be submitted subject to approval by the Board of Commissioners.
Table 1. Required greening standards.
| Building Additions | New buildings in the BMV2, BMV3, and BMV4 Districts | New buildings in the BMV1 district |
| 3 points from Category A, B or C for each 25 linear feet of frontage | 6 points from Categories A, B or C for each 25 linear feet of frontage | 6 points from Categories A or B for each 25 linear feet of frontage; and 4 points from Category C for each 50 linear feet of frontage |
| Shade trees, in accordance with § 135.30 of the Lower Merion Subdivision and Land Development Code | Shade trees, in accordance with § 135.30 of the Lower Merion Subdivision and Land Development Code | Shade trees, in accordance with § 135.30 of the Lower Merion Subdivision and Land Development Code |
Table 2. Streetscape and Greening Elements
| Category | Item (to be provided for each 25 linear feet of frontage on streets) | Amount (to be provided per 25 linear feet of frontage on streets.) | Points
|
| A | Hanging Basket (minimum size 12 inches in diameter, planted with groundcovers or flowers) | 3 baskets | 1
|
| A | Window Box or Boxes along ground floor windows (Minimum size of 6 inches deep, vertically and horizontally, planted with shrubs, groundcovers, or flowers) | 48 total inches of length | 1
|
| A | Additional planting area including shrubs, trees, groundcovers, or flowers | 40 square feet | 2
|
| A | Street planter (minimum size 24 inches in diameter) | 2 planters | 2
|
| B | Raised Planting Bed (shrubs, groundcovers, and flowers) | 40 square feet | 2
|
| B | Bench | Minimum 5 feet length | 2
|
| B | Trellis (minimum size 30 square feet planted with vines or shrubs) | 1 trellis | 2
|
| B | Arbor or Pergola (minimum size 8 feet high by 6 feet wide by 4 feet deep, planted with vines or shrubs) | 1 arbor or pergola | 3
|
| B | Planting in Curb Extension (Planted Bulb outs/Large Planters with shrubs, groundcovers, and flowers) | 60 square feet | 3
|
| B | Window boxes or planters along upper story windows (Minimum size of 6 inches deep, planted with material visible from the sidewalk) | 48 total inches of length | 3
|
| B | Public Art/Sculpture/Mural | 1 per area | 3
|
| C | Urban Garden (See requirements in Section 135-41.4D) | 300 square feet | 4
|
| C | Water Feature (fountain, waterfall, etc.) | 1 per area | 4
|
| C | Plaza/Square/Courtyard (See requirements in Section 135-41.4.E | 300 square feet | 4
|
Section 5. Nothing in this Ordinance or in Chapters 135 and 155 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter 135 and 155 prior to the adoption of this amendment.
Section 6. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.
Section 7. This Ordinance shall take affect and be in force from and after its approval as required by law.