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DRAFT 1-18-08

AN ORDINANCE

NO. ___________

AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 155, Zoning, Section 155-54 To Permit Student Home Dwelling Units Within An Apartment Building In An R-7 Zoning District, Subject To Compliance With Separation Requirements And Regulations Applicable To Student Occupied Units.

The Board of Commissioners of the Township of Lower Merion hereby ordains:

Section 1. The Code of Lower Merion Township, Chapter 155, Entitled Zoning, Article XIII, R 7 Residence Districts, § 155-54, Use Regulations, subsection D thereof, shall be amended and new section D shall be added, to provide as follows:

§ 155-54. Use regulations.

  1. Student home units within an apartment building
    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 three students may reside in any dwelling unit. (As an alternative, the Board of Commissioners shall consider reducing this limit to two students.)
      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 1500 feet. (As an alternative, the Board of Commissioners shall consider a separation range between 1500 feet and 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.

Section 2. Nothing in this Ordinance or in Chapter 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 155 prior to the adoption of this amendment.

Section 3. 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 4. This Ordinance shall take effect and be in force from and after its approval as required by law.