Township of Lower Merion, PA PDF

11/24/2014
Township of Lower Merion, PA

Monday, November 24, 2014
Chapter 155. ZONING

[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.]
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.
155a Table of Zoning Map Amendments
155b Summary of Zoning Requirements
155c Required Parking Tables
Article I. General Provisions

155-1. Purpose; community development objectives.
A.
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.
http://www.ecode360.com/print/LO0641?guid=6532485&children=true
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(5) To permit this Township and adjacent municipalities to minimize such problems as may presently
exist or as may be foreseen.
B.
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.
C.
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[1] 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[2] 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.
[1]:
[2]:
Editor's Note: See Ch. 6 2, Building Construction, for the current building code of the Township.
Editor's Note: See, in particular, Ch. 9 0 , Health and Sanitation; Ch. 9 2, Housing-Property Maintenance; and
Ch. 115, Plumbing.
Article II. Definitions

155-4. Terms defined.
A.
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.
B.
Words and terms defined. Unless otherwise expressly stated, the following words and phrases shall be
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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 issued a
license by the State Department of Education or accredited by an accrediting association
approved by the State Department of Education; 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; amended 9-22-2010 by Ord. No. 3925]
AFFORDABLE HOUSING
(Reserved )
[Added 6-19-2008 by Ord. No. 3855]
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.
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APARTMENT
A room or group of rooms, designed for and occupied exclusively as a residence for only one family
or one student home in an apartment house, an apartment hotel, or a mixed use building.
[Amended 7-19-2000 by Ord. No. 3578; 3-20-2013 by Ord. No. 3998]
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.
3777]
ARCADE
A covered walkway attached to a building and supported on the sides but not attached to the
building by columns.
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 scale of buildings and spaces to achieve human scale.
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 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.
3777]
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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.[1]
[Amended 9-21-1977 by Ord. No. 1802]
BUFFER - LANDSCAPE
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 90% of through views up to a height of six 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.
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.
3776; 5-10-2006 by Ord. No. 3777]
BUILD-TO LINE
The location along a lots frontage where the buildings facade 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:
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(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,[2] 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 one-hundred-percent visual permeability.
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 a park-and-ride lot.
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.
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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 4-15-2009 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).
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
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 155-167.1A(4) and (4.1), 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 assistedliving 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
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nursing units on a limited basis as follows:

3755]
(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 preschool children.
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.
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[Added 3-15-2000 by Ord. No. 3560]

DIRECTOR OF BUILDING AND PLANNING
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.
[Amended 1-19-2002 by Ord. No. 3631]
DRIVE-THROUGH FACILITY
Facilities allowing transactions for goods or services without leaving a motor vehicle.
3961; 4-25-2012 by Ord. No. 3971]
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.
EMPLOYEE DAY CARE
A facility for the care of infants and preschool children of employees of the principal or accessory
uses.
[Added 9-22-2004 by Ord. No. 3718]
ENVIRONMENTALLY SENSITIVE AREA
See 101-3.
[Added 12-19-1990 by Ord. No. 3222]
EXPANDED USE
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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.
[Added 4-7-2010 by Ord. No. 3907]
(1) FOOD AND AGRICULTURAL PRODUCTS
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
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
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 semiprepared or prepared foods
for take-out or in-house consumption in disposable containers and serving walk-in and/or drivethrough 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 and 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.
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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.
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, multilayered 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.
GROCERY STORE
A food market with more than 7,500 square feet of floor area.
GROUND FLOOR
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The first floor of a building other than a cellar or basement.

3776; 5-10-2006 by Ord. No. 3777]
HEALTH CLINIC
An institution providing nonsurgical 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 4 1/2 feet above the lowest level of the ground surrounding the building, whichever is
the lower, to the highest point of the roof, subject to the following:
(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 eight 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 the ground surrounding the building in
the following instances:
(a) Openings up to 25 feet in length may be excluded when providing access to required
underground parking spaces.
(b) Openings may be excluded if required to comply with the building exit provisions in the
building and fire code.
(c) 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.
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(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.[3]
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 space 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.
The following shall not be considered as impervious surface:
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 six feet or less in width that employ grass pavers or porous paving and which are not
intended for automobile use.
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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.
INDOOR FAMILY ENTERTAINMENT CENTER
A structure or facility with multiple entertainment attractions, primarily for children under 15
years of age, accompanied by adults, including various games and facilities to accommodate
birthday parties.
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 and other racquet courts or other
similar activities, and conducted entirely within a building.
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.
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 this chapter, 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; 921-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777; 12-14-2011 by Ord. No. 3961; 4-25-2012 by
Ord. No. 3971]
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, CORNER
A lot bounded on at least two sides by streets connected at an intersection.
[Added 7-21-2010 by Ord. No. 3920]
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]
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MEDICAL CENTER
An institution which, in addition to providing primary health services, also provides tertiary and
quaternary care with an emphasis on subspecialty 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 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.
3777]
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.
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
A multiple-use building with one or more nonresidential uses occupying a minimum of 75% of the
ground floor level directly accessible from a public street or pedestrianway. 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.
3792; 10-21-2009 by Ord. No. 3892; 12-14-2011 by Ord. No. 3961; 4-25-2012 by Ord. No. 3971]
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]
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
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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]
OFFICIAL MAP
The maps designated in Chapter 107 hereof as the Official Map of the Township of Lower Merion.
[Added 4-25-2012 by Ord. No. 3972]
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 extend horizontally beyond the wall over a street or
walkway.
3776; 5-10-2006 by Ord. No. 3777]
PARCEL
See definition of "lot."
3777]
PARK-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.
PARKING FACILITY
A facility providing either off-street parking and/or parking in a structure.
3777]
PARKING, OFF-STREET
Marked or unmarked parking located within a lot and outside a private or public right-of-way.
3776; 5-10-2006 by Ord. No. 3777]
PARKING, ON-STREET
Marked or unmarked parking located outside of a lot and within a private or public right-of-way.
3776; 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.
3776; 5-10-2006 by Ord. No. 3777; 5-24-2006 by Ord. No. 3782]
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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.
3776; 5-10-2006 by Ord. No. 3777; 5-24-2006 by Ord. No. 3782]
PEDESTRIAN-ORIENTED STREET
A street where adjacent uses generate and encourage foot traffic.
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 sixteen-foot lamppost vs. a thirty-foot lamppost, or a facade with vertically oriented framed
windows vs. a facade with a continuous and unarticulated window wall.
3776; 5-10-2006 by Ord. No. 3777]
PEDESTRIANWAY
A public or private linear space or an area where the primary users are pedestrians and that may
also accommodate bicyclists.
3776; 5-10-2006 by Ord. No. 3777; 9-11-2013 by Ord. No. 4004]
PERGOLA
An arbor or passageway with a roof or trelliswork on which climbing plants can be trained to grow.
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 FACADE
The facade of a building facing onto a public or private street, or pedestrian accessway.
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3776; 5-10-2006 by Ord. No. 3777; 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 SPACE
Private outdoor space where the public is directly or indirectly invited to visit or permitted to
congregate.
PUBLIC PARKING STRUCTURE
A single or multistory parking structure owned, leased or rented by a federal, state, or local
government agency, which is used for short-term parking of vehicles by the general public.
[Added 9-11-2013 by Ord. No. 4004]
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.
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 6-19-2008 by Ord. No. 3855]
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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 a vehicle, nor shall it
include curbside service.
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.
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.
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.
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SPECIAL EDUCATION SCHOOL

A school which provides educational programs to serve children with special needs as defined in
the most current version of the Pennsylvania Code, or any successor.
[Added 11-17-2010 by Ord. No. 3929]
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]
STEPBACK
A setback 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 stepbacks, 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 6-19-2008 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.
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 6-19-2008 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.
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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.
3003]
TOWNSHIP
Township of Lower Merion.
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. Rail transit facilities include rail lines, platforms, passenger waiting
areas, passenger parking lots, passenger parking structures, passenger pickup and dropoff areas,
tracks, bridges, tunnels and accessory retail, including areas for sales of fares. Bus transit facilities
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include bus stops, bus terminals, passenger waiting areas, passenger parking lots, passenger
parking structures, passenger pickup and dropoff areas and retail including areas for sales of fares.
TRANSIT-ORIENTED DEVELOPMENT (TOD)
Moderate and high-density housing and commercial uses concentrated in mixed-use structures
located within a fifteen-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 6-19-2008 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 5-16-2007 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 6-19-2008 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.
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.
3776; 5-10-2006 by Ord. No. 3777]
WORKFORCE HOUSING
(Reserved).
[Added 6-19-2008 by Ord. No. 3855]
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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.
(2) SIDE YARD
A 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 Planning, 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]
[1]:
[2]:
[3]:
Editor's Note: This definition was added 2-20-1974 by Ord. No. 1710 but was not included in the
February 1974 reprinting of the complete Zoning Ordinance, as amended, adopted 5-15-1974 by Ord.
No. 1722 (see chapter history).
Editor's Note: See Ch. A 180 , Historic Resource Inventory.
Editor's Note: See Ch. A 180 , Historic Resource Inventory.
Article III. Classification of Districts

155-5. Classes of districts.
[Amended 9-22-2004 by Ord. No. 3718]
A.
For the purposes of this chapter, the Township is hereby divided into 27 districts which will be
designated as follows:
[Amended 5-11-2005 by Ord. No. 3742; 6-19-2008 by Ord. No. 3855; 12-14-2011 by Ord. No. 3961; 4-252012 by Ord. No. 3971; 9-17-2014 by Ord. No. 4029]
R AA
Residence Districts
RA
Residence Districts
R1
Residence Districts
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B.
R2
Residence Districts
R3
R4
R5
R6
R 6A
R7
CO
CL
C1
C2
M
ASDD
MC
BMMD-1
BMMD-2
BMMD-3
BMV1
BMV2
BMV3
BMV4
RCA
BCR
BV
Residence Districts
Residence Districts
Residence Districts
Residence Districts
Residence Districts
Residence Districts
Commercial Districts
Manufacturing and Industrial Districts
Ardmore Special Development District
Medical Center District
Bryn Mawr Medical District
Bryn Mawr Village District
City Avenue District - Regional Center Area
City Avenue District - Bala Cynwyd Retail District
City Avenue District - Bala Village
In addition one or more of these districts may by subject to additional regulations of an overlay district.
There are five overlay districts in the Township, designated as follows:
Open Space Preservation District
Historic Resource Overlay District
Floodplain District
Mixed-Use Special Transportation District (MUST)
Rock Hill Overlay District (ROHO)
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
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parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.
155-8. Boundary tolerances.

A.
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.
B.
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]
A.
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.
B.
The provisions of this chapter shall not apply to land and buildings owned by Lower Merion Township
and used for its governmental 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:
A.
Single-family detached dwelling.
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B.
Tilling of the soil.
C.
Greenhouse as an accessory use.
D.
(Reserved)[1]
[1]:
E.
Editor's Note: Former Subsection D, regarding clubs, fraternity houses and lodges, was repealed 7-181990 by Ord. No. 3199]
Public school. The following requirements shall apply to public schools in the RAA through R-3 Zoning
Districts:
[Amended 8-3-2005 by Ord. No. 3751]
(1) Area and width regulations.
(a) 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.
(b) 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.
F.
[2]
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.[3]
[3]:
Editor's Note: Said map is on file in the Township offices.
(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.
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(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.
[2]:
Editor's Note: Former Subsection F, which provided for private educational institution, hospital or
religious use, when authorized as a special exception, as amended 5-17-1989 by Ord. No. 3154, 7-181990 by Ord. No. 3199 and 1-20-1991 by Ord. No. 3226, was removed as having been superseded. For
current provisions, see Subsection S.
G.
Telephone central office.
H.
Municipal building and municipal use.
I.
Railway passenger station and bus passenger station.
J.
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)[4]
[4]:
Editor's Note: Former Subsection J(2), which provided for restrictions on the use of the
basement or first floor for an accessory use, was repealed 3-20-1985 by Ord. No. 2068.
K.
Signs, when erected and maintained in accordance with the provisions of Article XIX hereof.
L.
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
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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]
M.
Educational institution gallery or museum.

[Added 7-18-2007 by Ord. No. 3823[5]]
(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 450 daily
visitors to the gallery or museum, provided:
(a) On-site parking is provided for at least 50 vehicles for the exclusive use of such visitors;
(b) The maximum number of daily visitors are admitted in equal groups at regular intervals
throughout the day on a time-ticketed entry basis; and
(c) The hours of operation are limited to 9:00 a.m. to 5:00 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 155-11M shall not include the following:
(a) Up to 100 primary and secondary school students per day, provided they visit the
gallery/museum during school hours (9:00 a.m. to 4:00 p.m., Monday through Friday).
(b) The educational institutions own currently matriculated students.
(c) 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.
[5]:
Editor's Note: Former Subsection M, regarding home day care, added 12-21-1983 by Ord. No. 2041, was
repealed 7-18-1990 by Ord. No. 3199.
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N.
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]
O.
(Reserved)[6]
[6]:
P.
Editor's Note: Former Subsection O, regarding student homes, added 2-15-1989 by Ord. No. 3139, was
[7]
Community art center serving the general public, subject to the following:
[Added 4-15-2009 by Ord. No. 3879]
(1) A minimum lot size of 10 acres.
(2) The community-art-center use must be located within a building that exists as of the effective
date of this Subsection P, including any subsequent expansion thereof.
(3) Any structure used for a community art center shall be set back 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.
[7]:
Editor's Note: Former Subsection P, regarding group homes, added 5-17-1989 by Ord. No. 3154, was
Q.
Community residential program.

[Added 7-18-1990 by Ord. No. 3199]
R.
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]
S.
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]
(a) Club or lodge.
(b) Community center/senior center.
(c) Licensed adult or child day care.
(d) Licensed nursery school or similar nonresidential use for more than six children.
(e) 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
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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.
(f)
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.
(a) 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.
(b) 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:
(a) 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.
(b) In no case shall family day care be permitted on a lot with an area of less than 10,000 square
feet.
(c) 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.
(d) 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.
(e) 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]
(a) The preservation of land areas for outdoor recreation by or the education of the general
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public.
(b) The protection of a relatively natural habitat of fish, wildlife or plants or similar ecosystem.
(c) 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.
(d) The preservation of an historically important land area or historic structure certified as such
by the state or federal government.
(e) 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.
T.
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 155141.3.
U.
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]
V.
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]
W. 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]
X.
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]
Y.
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:
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[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]
(a) 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:
(a) 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.
(b) Age distribution of participants.
(c) Days and hours of operation, including normal periods of concentrated ingress and egress.
(d) 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:
(a) Within the same block, defined as both sides of an uninterrupted road segment between two
intersections; and
(b) 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:
(a) 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.
(b) One oversized loading/queuing space per bus loading or discharging at the site at any one
time.
(c) Loading and queuing areas shall not block on- or off-site through traffic or required parking
spaces.
(d) 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:
(a) Lighting shall be provided along all interior walkways and parking areas to be used after dusk.
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(b) Lighting for interior walkways shall be no more than 12 feet above finished grade.
(c) 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.
(d) 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:
(a) 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.
(b) Buffer area plantings shall comply with 101-9B through F thereof (which may include
existing, healthy trees and shrubs).
(c) 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.

A.
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]
B.
Building area. Not more than 15% of the area of each lot may be occupied by buildings.
C.
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.
D.
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.
E.
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
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F.
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

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

no other:
A.
A use permitted in R AA Residence Districts.

A.
used for any use permitted in this district
[Amended 2-18-1987 by Ord. No. 3034]
B.
C.
at least 50 feet.
D.
Side yards.
(1) Single-family detached dwelling. For a single-family detached dwelling there shall be two side
E.
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F.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

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 VI. R 1 Residence Districts

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

no other:
A.
A use permitted in R A Residence Districts.

A.
[Amended 2-18-1987 by Ord. No. 3034]
B.
C.
at least 50 feet.
D.
Side yards.
E.
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F.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

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 VII. R 2 Residence Districts


no other:
A.
A use permitted in R 1 Residence Districts.

A.
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
[Amended 2-18-1987 by Ord. No. 3034]
B.
C.
at least 40 feet.
D.
Side yards.
than 35 feet, but neither having a width less than 12 feet.
E.
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F.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

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


no other:
A.

A.
[Amended 2-18-1987 by Ord. No. 3034]
B.
C.
at least 40 feet.
D.
Side yards.
E.
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F.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

Article IX. R 4 Residence Districts


no other:
A.

A.
[Amended 2-18-1987 by Ord. No. 3034]
B.
C.
at least 30 feet.
D.
Side yards.
than 20 feet, but neither having a width less than eight feet.
E.
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F.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

Article X. R 5 Residence Districts


no other:
A.
A use permitted in R-4 Residence Districts.
155-36. Single-family detached dwellings.

For single-family detached dwellings, the following requirements shall apply:
A.
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.
(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.
(6) Impervious surfaces. Not more than 45% of the area of each lot may be covered with impervious
surfaces.
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[Added 10-17-1990 by Ord. No. 3208]

B.
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.
[Amended 8-14-1976 by Ord. No. 1772; 2-18-1987 by Ord. No. 3034; 10-17-1990 by Ord. No. 3208; 4-21-1999 by
Ord. No. 3526; 10-21-2009 by Ord. No. 3892]
For buildings other than single-family detached dwellings, the following requirements shall apply:
A.

erected or used for any use permitted in this district other than a single-family detached dwelling.
(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.
B.
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)
[1]:
Editor's Note: Former 155-38, Townhouses, added 8-14-1976 by Ord. No. 1772, as amended, was repealed 219-1990 by Ord. No. 3220.
Article XI. R 6 Residence Districts

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no other:
A.
B.
Single-family semidetached dwelling.
C.
Two-family detached dwelling.
D.
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:
A.

erected or used as a single-family detached dwelling.
[Amended 2-18-1987 by Ord. No. 3034]
(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.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of a single-family detached dwelling or a building accessory thereto shall
155-42. Single-family semidetached dwellings.

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

(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.
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[Amended 2-18-1987 by Ord. No. 3034]

(4) Side yard. There shall be one side yard, which shall be at least 10 feet wide.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
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:
A.

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 building.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of a two-family detached dwelling or a building accessory thereto shall
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
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detached dwellings, the requirements set forth in Article X, 155-37, shall apply.
155-45. Townhouses.
[Added 8-14-1976 by Ord. No. 1772]
For townhouses, the following requirements shall apply:
A.

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.
(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]
(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.
(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]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of any townhouse shall not exceed 40 feet.
[Amended 5-19-2004 by Ord. No. 3710]
C.
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.
D.
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
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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 13 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]
E.
Street frontage locations. Vehicular access to townhouse developments shall be provided by a private
road or common driveway.
F.
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

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

no other:
A.
B.
Two-family semidetached dwelling.
C.
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.
D.
Sanatorium, nursing home, convalescent home or home for the aged, when authorized as a special
exception, subject to the following additional restrictions:
[Amended 2-17-2010 by Ord. No. 3905]
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(1) A lot area of not less than 1,200 square feet shall be provided for each bed.
E.
[1]Home
occupations in apartment houses, subject to the following additional restrictions:

[Amended 3-20-1985 by Ord. No. 2068]
(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.
[1]:
F.
[2]
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]
[2]:
G.
Editor's Note: Former Subsection E, on motor vehicle parking, was repealed 11-81-1987 by Ord. No.
3071, which also redesignated former Subsection G as new Subsection E .
Editor's Note: Former Subsection F, permitting storage garages, was repealed 11-18-1987 by Ord. No.
3071, which also redesignated former Subsection H as new Subsection F.
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 twofamily 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:
A.

erected or used as a two-family semidetached dwelling.
[Amended 2-18-1987 by Ord. No. 3034]
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surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of a two-family semidetached dwelling or a building accessory thereto
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:
A.

(1)
[1]Lot
area and width. A lot area of not less than 3,000 square feet per family and a lot width of not
which an apartment house or houses are erected.
[1]:
Editor's Note: This subsection was amended 2-20-1974 by Ord. No. 1710, but that amendment
was not included in the February 1974 reprinting of the complete Zoning Ordinance, as
amended, adopted 5-15-1974 by Ord. No. 1722 (see chapter history).
(2) Building area. Not more than 25% of the area of each lot may be occupied by buildings, excluding
balconies.
shall be at least 30 feet. Bay/bow windows, chimneys, balconies, cornices and roof overhangs shall
not be subject to the thirty-foot 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 thirty-foot 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 thirty-five-foot rear
yard setback.
(6)
[2]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.
[2]:
Editor's Note: This subsection was added 2-20-1974 by Ord. No. 1710, but that amendment was
not included in the February 1974 reprinting of the complete Zoning Ordinance, as amended,
adopted 5-15-1974 by Ord. No. 1722 (see chapter history).
(7) The distance between two or more apartment buildings on the same lot shall be a minimum of 35
surfaces.
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(9) Floor area. The maximum floor area of any building shall be 20,000 square feet, excluding below
grade parking structures.
B.
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 feet in height.
(2) The maximum permitted building area and impervious surface percentages shall be decreased by
1/2 of a percentage point for every one foot or portion thereof by which the building exceeds
thirty-feet in height.
C.
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.
D.
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.
E.
In addition to the parking requirements in 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.
F.
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 facade 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 10 feet of the predominant front yard setback of such structures, but in no case
shall be less that the required front yard setback.
(2) Buildings.
(a) No apartment house may be built on a property that within the prior 10 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.
(b) All new buildings shall articulate the line between the ground and upper levels with a cornice,
canopy, balcony, arcade or other visual device.
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(c) 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 humanscale development. Such breaks in the facades and rooflines shall occur not more frequently
than every 50 feet.
(d) 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.
(e) Pitched roof material may include slate (either natural or man-made), 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.
(f)
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 oneand 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 facade 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.
(g) All rooftop 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:
A.

(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:
(a) Open space:
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(b) Municipal use; or

(c) Park and recreational uses.
(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.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
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.
C.
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 housing.

[Added 2-20-1991 by Ord. No. 3228; amended 10-15-2003 by Ord. No. 3692; 9-21-1994 by Ord. No. 3370; 7-182007 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:
A.
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.
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.
SUBSIDIZED HOUSING FACILITY
A facility comprised of single-family dwelling units at least 50% of which are subsidized.
B.

(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
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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:
(a) Open space;
(b) Municipal use; or
(c) 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 impervious
surfaces.
shall be at least 10 feet. Open porches may project up to five feet into the front yard.
(5) Side yards. There shall be two side yards, one on each side of a principal building, neither of which
shall be less than 10 feet in width.
(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.
C.
Height regulations. The height of a building in a subsidized housing facility shall not exceed 35 feet.
D.
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 155-95.
E.
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.
155-51. Buildings other than townhouses, single- or twofamily 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.
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[Added 8-14-1976 by Ord. No. 1772]

For townhouses, the following requirements shall apply:
A.

which a townhouse building or buildings are erected.
(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]
(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.
(7) The distance between two or more townhouse buildings on the same lot shall be a minimum of 35
[Added 2-19-1986 by Ord. No. 3003]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of any townhouse shall not exceed 40 feet.
[Amended 5-19-2004 by Ord. No. 3710]
C.
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.
D.
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
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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 18 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]
E.
Street frontage locations. Vehicular access to townhouse developments shall be provided by a private
road or common driveway.
F.
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


no other:
A.
A use permitted in R 6A Residence Districts.

B.
Apartment hotel, when authorized as a special exception.
C.
Home occupations in apartment houses and apartment hotels, subject to the following additional
restrictions:
[Amended 3-20-1985 by Ord. No. 2068]
(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.
D.
Student home units within an apartment building. Dwelling units within apartment building may be
occupied as student homes subject to compliance with the following provisions:
[Added 2-20-2008 by Ord. No. 3841]
(1) A maximum of 40% of the dwelling units in the apartment house may be occupied as student
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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 fully
matriculated students 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 3,500 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 XL 155-41
and 155-42, respectively, shall apply, except that the depth of required front yard shall be at least 30 feet.

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

hereafter erected or used as a two-family detached dwelling.
[Amended 2-18-1987 by Ord. No. 3034]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
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B.
Height regulations. The height of a two-family detached dwelling or a building accessory thereto shall

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

hereafter erected or used as a two-family semidetached dwelling.
[Amended 2-18-1987 by Ord. No. 3034]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Height regulations. The height of a two-family semidetached dwelling or a building accessory thereto
155-58. Apartment houses and apartment hotels.

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

(1)
[1]Lot
area and width. A lot area of not less than 2,500 square feet per family and a lot width of not
which an apartment house or houses are erected.
[1]:
Editor's Note: This subsection was previously amended 2-20-1974 by Ord. No. 1710, but that
amendment was not included in the February 1974 reprinting of the complete Zoning
Ordinance, as amended, adopted 5-15-1974 by Ord. No. 1722 (see chapter history).
(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]
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(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.[2]
[2]:
Editor's Note: This subsection was added 2-20-1974 by Ord. No. 1710 but was not included in the
February reprinting of the complete Zoning Ordinance, as amended, adopted 5-15-1974 by Ord.
No. 1722 (see chapter history).
(7) The distance between two or more apartment buildings on the same lot shall be a minimum of 35
[Added 2-19-1986 by Ord. No. 3003]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
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.
C.
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.
D.
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.
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Article XIV. CO Commercial Districts

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

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.
Bank or other financial institution.
B.
Office building, medical clinic building or public utility office.
C.
Radio or television studio and broadcasting station.
D.
Restaurant.
E.
Retail store or personal service shop.
F.
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.
G.
An apartment house, apartment hotel and hotel.
H.
Copy centers and job printing with not more than three full-time employees and two part-time
employees.
I.
Research laboratory, including commercial and industrial laboratory in which commercial production is
merely incidental to the research activity, when authorized as a special exception.
J.
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.
K.
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.
L.
Any use of the same general character as any of the uses hereinbefore specifically permitted, when
authorized as a special exception.
M.
Licensed child day-care facility.

A.
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
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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]
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.
(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.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
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.
(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).
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surfaces.
[Added 10-17-1990 by Ord. No. 3208]

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

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

[Amended 9-20-1989 by Ord. No. 3162]
A.
Office building or medical clinic building.
B.
C.
Restaurant, when authorized as a special exception.
D.
employees.
E.
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.

A.
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.
B.
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C.
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]
D.
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]
E.
F.
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]
G.
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.
H.
surfaces.
[Added 10-17-1990 by Ord. No. 3208]

The height of any building shall not exceed 35 feet.
Article XVI. C 1 Commercial Districts

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

[Amended 9-20-1989 by Ord. No. 3162]
A.
B.
[1]
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.
[1]:
Editor's Note: Former Subsection B, permitting animal hospitals, was repealed 11-18-1987 by Ord. No.
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3071, which ordinance also redesignated former Subsection C through W as new Subsections B
through V.
C.
D.
Cemetery or greenhouse.
E.
Club, fraternity house and lodge.
F.
employees.
G.
Educational, religious and philanthropic uses, including student residence hall.

[Amended 7-19-2000 by Ord. No. 3578]
H.
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.
I.
Hotel, apartment hotel, rooming house, boardinghouse and tourist house.
J.
Laboratory (analytical and chemical), when authorized as a special exception.
K.
Motel and tourist court, when authorized as a special exception.
L.
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.
M.
Office, studio or telephone, telegraph or utility office, radio or television broadcasting station.
N.
Restaurant and tearoom.
O.
Restaurant, drive-in or takeout, when authorized as a special exception.
P.
Retail store and personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking or
similar shop.
Q.
Taproom.
R.
Theater, excluding open-air theater; auditorium and stadium.
S.
Undertaking parlor and undertaking supplies.
T.
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,
U.
specifically excluding off-track betting parlor.
[Amended 11-15-2000 by Ord. No. 3590]
V.
authorized as a special exception, but not including any use permitted only in a less restricted use
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district and not including an off-track betting parlor.

[Amended 11-15-2000 by Ord. No. 3590]
W. Farmers' market, subject to the following regulations:
[Added 4-7-2010 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 a.m.
and 7:00 p.m. 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.

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

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.

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.

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.
A motel and tourist court, when authorized as a special exception, shall meet the requirements set
forth in Article XIV, entitled "CO Commercial Districts."
B.
Any other building or use, when authorized as a special exception, shall meet the requirements set
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forth in Article XIII, 155-59, hereof.
155-77. Commercial buildings utilized for dwelling purpose.

by Ord. No. 3656]
For commercial buildings utilized also for dwelling purposes not accessory thereto, the following
requirements shall apply:
A.

(1) Lot area and width. A lot area of not less than 1,000 square feet per family shall be provided.
(3) Front yard.
(a) There shall be a front yard on each street on which a lot abuts, the depth of which shall be at
least 10 feet.
(b) 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.
surfaces.
B.
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.
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For commercial buildings not utilized for dwelling purposes, the following requirements shall apply:
A.
Area regulations.
(2) Front yard.
(a) There shall be a front yard on each street on which the lot abuts, the depth of which shall be
at least 10 feet.
residence district, provided that in the case of a comer lot held in single and separate
(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.
(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.
3563]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
Article XVII. C 2 Commercial Districts

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

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[Amended 9-20-1989 by Ord. No. 3162]

A.
A use permitted in C 1 Commercial Districts.
B.
Bowling alleys, when authorized as a special exception.
C.
Creamery, butter or cheese making, milk bottling and distributing station.
D.
Electric substation.
E.
Machine laundry and dry-cleaning and dyeing plant.
F.
Manufacture of jewelry, watches, clocks, optical goods and musical, professional and scientific
instruments.
G.
Metalworking, blacksmiths, tinsmith and pipe-fitting shop.
H.
Newspaper or job printing and bookbinding.
I.
Public garage, motor vehicle service and repair shop and gasoline service station.
J.
Storage house; stable; express, carting or hauling station; ice manufacturing; yard for storage and sale of
coal, fuel oil or building materials; animal farm.
K.
Trailer camp, when authorized as a special exception.
L.
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 [1]]
[1]:
M.
Editor's Note: This ordinance also redesignated former Subsection L as new Subsection N.
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 [2]]
[2]:
Editor's Note: This ordinance also redesignated former Subsection M as new Subsection O.
N.
specifically excluding off-tract betting parlor.
[Amended 11-15-2000 by Ord. No. 3590]
O.
authorized as a special exception, but not including an off-track betting parlor.
[Amended 11-15-2000 by Ord. No. 3590]

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

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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.

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.

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 also for dwelling purposes not accessory thereto, the following
requirements shall apply:
A.

(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.
(a) A front yard is not required.
residence district, provided that in the case of a corner lot held in single and separate
(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.
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(6) Buffer area. Where a C 2 Commercial District abuts a residence district, there shall be a buffer
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
exception.
surfaces.
B.
155-87. Commercial buildings not utilized for dwelling

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

(2) Front yard.
(a) A front yard is not required.
(b) For a corner lot which is immediately continuous 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.
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
(5) Buffer area. Where a C 2 Commercial District use abuts a residence district, there shall be a buffer
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
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exception.
3563]
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
B.
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:
A.
To improve the economic viability of the district by fostering an enhanced mix of stores and services.
B.
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 reason.
C.
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.
D.
To allow for uses which maintain the cultural quality of the district.
E.
To encourage a mix of goods and services which will produce variations among categories of uses.
[Amended 4-21-1993 by Ord. No. 3318]
F.
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.
G.
To encourage uses and structural architecture that reinforce and discourage uses and architecture that
interrupt the pedestrian orientation of the district.
H.
To encourage mixed uses, commercial on the first floor and either offices or residential on the second
and third floors.
I.
To encourage the establishment and survival of small, locally owned business, thereby contributing to
the vitality and diversity of the district.
J.
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.
K.
To ensure that new buildings, additions and renovations harmonize with and enhance the unique
character of the district.
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L.
To promote compatibility between the commercial area and the adjacent residential neighborhoods.
M.
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.
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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.

A.
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 - I 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.
B.
Use permits.
(1) Use permits shall be required for:
(a) 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.
(b) Conversion of commercial space.
(c) Removal of existing off-street parking.
(d) 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 11-16-2005 by Ord. No. 3759]
C.
The following uses are permitted in the Ardmore Special Development District - I 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.
(a) Alcoholic beverage sales, including private clubs.
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(b) Animal hospitals.

(c) Animal sales and grooming, including pet stores and boarding.
(d) Antique stores.
(e) Art, educational and office supplies and equipment.
(f)
Art galleries.
(g) Bakery goods.

(h) Banks, savings and loan associations.
(i)
Bicycles, including parts and service.
(j)
Books, periodicals, posters, stationery and stamps.
(k) Cards, gifts/novelty shops.

(l)
Clothing, accessories and jewelry.
(m) Community centers.

(n) Commercial recreation.
(o) Computer hardware, software sales and service.
(p) Craft goods, tools and supplies, including fabric, leather and paper.
(q) Electrical, audio, telephone and video sales and supplies.
(r) Fitness centers.
(s) Flowers and plants, including live, fresh-cut and/or dried.
(t) Food, meat, fish, beverage, candy or spice products for off-site consumption.
(u) Furniture and appliances, office or home.
(v) Household, hardware, garden goods, wares, furnishings and tools.
(w) Leisure, sports and play equipment, goods, toys and supplies.
(x) Motion-picture/other theaters/places of entertainment.
(y) Personal health and beauty care items, including cosmetics, prescription drugs.
(z) Photography equipment, accessories and supplies, except photoprocessing laboratories.
(aa) Restaurants (full service).
(bb) Restaurants (fast-food).
(cc) Sound and video sales and rentals, including discs, tapes, records, musical instruments and
accessories.
(dd) Used goods sales, including clothing or other secondhand furniture or household items.
(ee) Wall and floor coverings, including rugs, paint, wallpaper and window coverings.
(ff) Any other retail use of the same general character as a use herein specifically permitted.
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(2) Personal services.

(a) Beauty/barber shops.
(b) Dry cleaning and agents and laundry service, including self-service laundromats.
(c) Eye care (excluding professional office).
(d) Photograph studio.
(e) Repair of clothes, shoes and/or household items.
(f)
Travel and entertainment consulting and services.
(g) Weight control centers.

(h) 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.
(a) 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.
(b) 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.
D.
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.
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(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 [1]]
[1]:
Editor's Note: This ordinance also provided for the renumbering of former Subsection D(7) and
(8) as Subsections D( 8) and ( 9 ) , respectively.
(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) Restaurant; coffee/tea house.
[Added 3-16-2005 by Ord. No. 3739]
E.
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]
(1) Business/vocational schools.
(2) Copy center and job printing and magnetic reproduction services with not more than three fulltime 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]
(a) No more than five employees.
(b) The dry cleaning equipment must be hermetically sealed with an emission-free still.
(11) Restaurant (full service), subject to compliance with the following requirements:
(a) Maximum of 1,500 square feet of floor area used for restaurant purposes.
(b) 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.
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(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.
F.
The following uses are permitted in either the Ardmore Special Development District -- 1 or 2:
[Amended 4-7-2010 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:
(a) 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.
(b) 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.
(c) 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 a.m. and 7:00 p.m. Producers may set up and clean up for no more than an hour before
sales commence and an hour after sales conclude.
(d) 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.
A.
Amusement device arcades.
B.
Automobile sales and rental.
C.
Automobile repair, parts and service, including car washes.
D.
Automobile-oriented uses which provide service to customers in their vehicles.
E.
Hospitals.
F.
Laboratories.
G.
Manufacturing, storage and wholesale uses, except when incidental to permitted retail uses.
H.
Off-track betting parlor.

[Added 11-15-2000 by Ord. No. 3590]
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155-87.5. Criteria for securing use permit.

[Amended 1-19-2002 by Ord. No. 3631]
The Director of Building and Planning will issue a use permit under this article upon finding that the
proposed action:
A.
Is consistent with the purposes set forth in 155-87.1.
B.
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.
C.
Will not generate traffic or parking demand significantly beyond the capacity of the Ardmore Special
Development District.
D.
Will be compatible in design and character with the district and the adjacent residential neighborhoods.
155-87.6. (Reserved)
[1]:
Editor's Note: Former 155-87.6 and 155-87.7, Log of existing and permitted uses, and Review of provisions,
respectively, were repealed 4-21-1993 by Ord. No. 3318.
155-87.7. (Reserved)
[1]:
Editor's Note: Former 155-87.6 and 155-87.7, Log of existing and permitted uses, and Review of provisions,
respectively, were repealed 4-21-1993 by Ord. No. 3318.
155-87.8. Area and bulk standards.

A.
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.
B.
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.

A.
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.
B.
When reviewing plans for new construction, additions or renovations within the Ardmore Special
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Development District, the Board of Commissioners shall consult with Ardmore Alliance or such other
agency as determined by the Board.
155-87.10. Parking.
A.
The parking requirements as stated in Article XX shall apply to all parcels in the Ardmore Special
Development District containing commercial uses.
B.
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 offstreet 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.
155-87.11. Signs.
[Amended 4-21-1993 by Ord. No. 3318]
A.
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.
A.
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.
B.
No parking, signage or other similar intrusions will be permitted within the required buffer.
C.
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.
D.
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.
E.
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)
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[1]:
Editor's Note: Former 155-87.13, Conditional zoning bonuses, was repealed 4-21-1993 by Ord. No. 3318.
155-87.14. (Reserved)
[1]:
Editor's Note: Former 155-87.14, Nonconforming uses, was repealed 4-21-1993 by Ord. No. 3318.
155-87.15. (Reserved)
155-87.16. (Reserved)
155-87.17. (Reserved)
155-87.18. (Reserved)
155-87.19. (Reserved)
Article XVIIB. Mixed-Use Special Transportation District

[Added 4-26-2006 by Ord. No. 3776]
155-87.20. Purpose and applicability.

A.
General purpose.
(1) The Mixed-Use Special Transportation 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.
[Amended 9-11-2013 by Ord. No. 4004]
(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.
B.
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
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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, transitfriendly 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]
C.
Applicability.
(1) The Mixed-Use Special Transportation 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-foot radius of the Ardmore
Paoli/Thorndale Line commuter rail station. The 1,500-foot MUST boundary and all distances from
a train station shall be measured from and centered on the midpoint of the in-bound station
platform.
[Amended 9-11-2013 by Ord. No. 4004]
(2) When an entire lot within the MUST District is zoned residential as of the effective date of this
article 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 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 155-8.
(4) The use regulations in 155-87.21A and B and development design standards in 155-87.25A, 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
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Commissioners as a conditional use pursuant to 155-141.2A, provided the applicant complies with
the standards and criteria set forth in 155-141.2B and C, and that the applicant has achieved the
MUST development goals and standards set forth in 155-87.20A and 155-87.25C.
155-87.21. Use regulations.

[Amended 9-11-2013 by Ord. No. 4004]
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 155-87.25.
A.
The following residential uses are permitted on upper floors of buildings fronting on Lancaster Avenue
and on any floor elsewhere in the MUST District:
(1) Single-family semidetached dwellings.
(2) Townhouses.
(3) Apartment houses, which shall include condominiums.
(4) Apartments above nonresidential uses.
(5) 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.
(6) Student home use, subject to obtaining a special exception and compliance with the provisions in
155-11S(5). A student home use in the MUST District shall also be subject to a separation
requirement of 500 feet from another student home use in any zoning district.
(7) 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.
(8) Any use of the same general character as any of the uses hereinbefore specifically permitted,
excluding off-track betting parlors.
B.
The following nonresidential/commercial uses are permitted on upper floors of buildings fronting on
Lancaster Avenue and on any floor elsewhere in the MUST District. These uses are also permitted on
the ground floor of buildings fronting on Lancaster Avenue if the separation between these uses is at
least 300 linear feet, measured from the closest property lines as a pedestrian would walk. These uses
shall not be subject to the separation requirements when they are limited only to portions of the
building more than 50 feet from Lancaster Avenue.
(1) Adult or child day care.
(2) Nursery school or similar nonresidential use for more than six children.
(3) Bank or other financial institution, excluding drive-through windows.
(4) Professional offices or office building, medical offices or medical clinic building.
(5) Copy centers and job printing operating on a retail sales level.
(6) Indoor recreational facilities such as roller and skating rinks, skateboard parks and playgrounds.
(7) Dance, music, personal fitness training, or art studios.
(8) Accessory use on the same lot with and customarily incidental to any of the above permitted uses,
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including aboveground or below-ground parking structures and fitness centers, but specifically
(9) Any use of the same general character as any of the uses hereinbefore specifically permitted, but
C.
The following uses are permitted on grade level and upper level floors:
(1) Full-service restaurants, including walkup windows, excluding drive-through windows.
(2) Bakery, confectionery or custom shop for the production of articles to be sold at retail on the
premises.
(3) Parking structure, or public parking structure.
(4) Retail store with an area on each story equal to or less than 25,000 square feet and excluding
drive-through windows.
(5) Personal service shop, excluding fitness centers and massage parlors, but including tailor, barber,
beauty salon, shoe repair or similar type use.
(6) Grocery store with a floor area less than 35,000 square feet.
(7) Hand laundry, dry-cleaning or dyeing establishment operating on a retail sales level.
(8) Hotels.
(9) Theater.
(10) Real estate sales office
(11) Municipal office building.
(12) Transit facilities.
(13) Accessory use on the same lot with and customarily incidental to any of the above permitted uses,
including aboveground or below-ground parking structures and fitness centers, but specifically
(15) 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 and does not front on any street.
155-87.22. Dimensional standards for development.

A.
Land Use Zoning Chart.

[Amended 9-11-2013 by Ord. No. 4004]
Lot
Width
Building
Minimum
Area
Land Use
(feet) Maximum
Single-Use
Buildings:
Townhouses
20
80%
Front
Yard1
(feet)
Side
Yard2
(feet)
0-20
Rear
Impervious
Yard3
Surface4
Buffer
Minimum Maximum Minimum
(feet)
(feet)
(feet)
0-15
85%
20
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Apartments and
condominiums
50
80%
0-25
0-20
85%
20
Hotels
60
80%
0-25
0-25
85%
20
0-25
85%
20
0-25
85%
20
0-15
100%
20
0-15
100%
20
0-15
100%
20
Other
20
80%
0
0-25
commercial uses
Office
20
80%
0
0-25
Mixed-Use
Buildings:
Commercial/
------100%
0
-------residential
Other
------100%
0
-------commercial/
nonresidential
Parking
------100%
0
------structures and
transit facilities
Notes:
1 See Subsection C(2) for specific front yard requirements.
2 See Subsection C(3) for specific side yard requirements.
3 See Subsection C(4) for specific rear yard requirements.
4 See Subsection E for specific impervious cover requirements.
B.
Building area.
(1) Single-use buildings: limited to 80% of the lot area, as per 155-87.22A above, the Land Use Zoning
Chart.
(2) Mixed-use buildings, parking structures, public parking structures and transit facilities: permitted
to cover up to 100% of the lot area, as per 155-87.22A above, the Land Use Zoning Chart.
[Amended 9-11-2013 by Ord. No. 4004]
C.
Building setbacks.
(1) Build-to lines.
(a) The front facade of a building in the MUST District shall be set back from the street right-ofway 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]
(b) 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.
(c) 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.
(d) The front facade of the building may be set back from the street right-of-way to be
consistent with other buildings, and the street and the maximum set back shall be 15 feet
from the right-of-way. The area between the front facade and the street right-of-way shall be
used for enhanced pedestrian spaces and amenities, landscaped with shrubs and shade trees
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and furnished with seating areas.

(e) Features such as overhangs, upper floor balconies, loggias, arcades, covered (nonenclosed)
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 feet into the
right-of-way, but no closer than five feet to the curbline.
[Amended 9-11-2013 by Ord. No. 4004]
(f)
Projections into the right-of-way shall be subject to approval by any authority having
jurisdiction.
[Amended 9-11-2013 by Ord. No. 4004]
(g) The build-to line may be extended up to 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. The build-to
line may extend an additional 20 feet on streets other than primary streets.
[Amended 9-11-2013 by Ord. No. 4004]
(h) Where a street line separates the MUST District from a residential use in a residential zoning
district, a ten-foot landscaped front yard setback in the MUST District along the build-to line
is required.
[Amended 9-11-2013 by Ord. No. 4004]
(i)
For properties larger than 10,000 square feet fronting on a primary street and within 10 feet
of the right-of-way, 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 9-11-2013 by Ord. No. 4004]
(2) Front yards. There is no required minimum front yard setback.

(3) 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.
(a) 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 set back a minimum of 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.
(b) 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. The maximum setback
may be extended an additional five feet if the additional side yard is required to
accommodate a driveway providing access to a rear parking lot, subject to the approval of the
Township Engineer.
[Amended 9-11-2013 by Ord. No. 4004]
(c) 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.
(4) Rear yards.
[Amended 9-11-2013 by Ord. No. 4004]
(a) 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
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not required.
(b) 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 155-87.22A above, the Land Use Zoning Chart. The lot must also
comply with the minimum buffer requirements.
(c) 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 155-87.22A above may be reduced by up to five feet, but in no case may the
setback be less than 15 feet.
D.
Lot width.
(1) Single-use buildings. The minimum lot width is between 20 and 60 feet, depending upon use, as
per 155-87.22A above, the Land Use Zoning Chart.
(2) Mixed-use buildings. There is no minimum requirement.
(3) Public parking structures and transit facilities. There is no minimum requirement.
[Added 9-11-2013 by Ord. No. 4004]
E.
Impervious surface.
[Amended 9-11-2013 by Ord. No. 4004]
(1) Single-use buildings. Impervious surface is limited to 85% of the net lot area, as per 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.
(2) Mixed-use building. Impervious surface may go up to 100% of the net lot area.
(3) Public parking structures and transit facilities. Impervious surface may be increased to 100% of the
net lot area.
F.
Building height.
(1) The provisions of 155-137 (setbacks, impervious surface and building area) hereof shall not apply
to new and redeveloped structures developed in accordance with this article.
(2) The minimum height of any building shall be two stories and no less than 28 feet above grade. The
second-story floor area shall be equal to or greater than 75% of the grade level building area.
(3) Where a lot is split by the six-hundred-fifty-foot and one-thousand-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.
(4) The maximum height of any building in the MUST District shall be as follows:
(a) The maximum height of any mixed-use building within 650 feet from the midpoint of the inbound station platform shall be no more than 65 feet above grade. If the lot area exceeds
10,000 square feet, the maximum height shall be no more than 78 feet above grade.
(b) The maximum height of any single-use building within 650 feet from the midpoint of the inbound station platform shall be no more than 52 feet above grade.
(c) The maximum height of any mixed-use building between 650 and 1,000 feet from the
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midpoint of the in-bound station platform shall be no more than 52 feet above grade unless
the lot area exceeds 10,000 square feet, in which case the maximum height may be up to 65
feet above grade.
(d) The maximum height of any single-use building between 650 and 1,000 feet from the
midpoint of the in-bound station platform shall be no more than 39 feet above grade.
(e) The maximum height of any building more than 1,000 feet from the midpoint of the inbound station platform shall be no more than 39 feet above grade.
(5) 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 20 feet from the exterior walls of the building.
(6) 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 98 feet.
(a) The building height limits may be increased by 24 feet, provided at least one of the following
requirements is met:
[1] A single or mixed-use development that provides either five dwelling units or 20% of the
total number of dwelling units (whichever is greater) of affordable or moderate-income
housing units as described in 155-87.24A.
[2] 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 shall be dedicated to use
for affordable or moderate-income housing units as described in 155-87.24A. The
method of payment of this contribution shall be established during the land
development approval process.
[3] A mixed-use development that includes a parking structure with a minimum of 100
municipal or public parking spaces.
(b) The building height limits for mixed-use buildings permitted in Subsection F(4)(a), (c) and
(e) above may be increased by an additional 13 feet, provided at least one of the following
requirements is met:
[1] A minimum of 1,000 square feet of dedicated contiguous public gathering space is
provided for any lot with less than 10,000 square feet of land area. A minimum of 5% of
the total lot area shall be dedicated to contiguous public gathering space for lots over
10,000 square feet. Land area dedicated to public ingress/egress easements shall not be
included in the total lot area calculation for demonstrating compliance with the 5% of
public gathering space requirement; or
[2] The exterior of a Class I historic building that can be seen from a public way is preserved
and restored and a facade easement is recorded in a form approved by the Township
Solicitor.
(7) 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:
(a) No building more than 1,000 feet from the midpoint of the in-bound station platform shall
exceed by more than 28 feet the height of the tallest building or buildings that front on the
same street and are located within 150 feet of such building. For a corner lot, this provision
shall be applied to buildings within 150 feet on all street frontages.
(b) No portion of a building located within 50 feet of an existing one- or two-family dwelling in a
residential zoning district shall be permitted to exceed 42 feet.
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(c) No portion of a building located within 150 feet of an existing one- or two-family dwelling in a
residential zoning district shall be permitted to exceed 65 feet.
G.
Buffer area.
(1) 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 District.
(a) Where the district boundary line abuts a residential use in a residential zoning district, the
depth of this buffer shall be at least 20 feet.
(b) Where the district boundary line is the center of a street or at a street line and where a
residential use in a residential district is located across the street, there shall be a ten-footwide 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.
[Amended 9-11-2013 by Ord. No. 4004]
(c) Where the district boundary line is a railroad right-of-way, the depth of the buffer may be
reduced to 15 feet from the railroad right-of-way.
(2) 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.
(3) There may not be more than one vehicular entrance and one vehicular exit through the buffer
area to any street.
(4) 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-foot-wide
landscaped area with a continuous row of two-foot-high shrubs.
155-87.23. Parking and loading requirements.

A.
On-site parking.
[Amended 9-11-2013 by Ord. No. 4004]
(1) At-grade, aboveground or below-ground parking and loading facilities shall be permitted.
(2) Surface parking lots and exterior loading areas shall be placed between the structure and a rear lot
line:
(a) 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:
[1] Along the street with the least amount of commercial activity;
[2] 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.
(3) 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:
(a) In no case shall surface parking lots or exterior loading areas occupy more than 1/3 of a lot's
frontage along a pedestrian street or street segment.
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(b) Surface 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 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 to three feet.
(4) The primary front facade of a parking structure visible from a public or private street or
pedestrianway 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 usable commercial floor space shall occupy 75% of the ground floor facade.
Public parking structures more than 50 feet from the street are not subject to this requirement.
(5) Ground level parking beneath buildings shall be permitted, provided 75% of the primary front
facade is pedestrian-oriented and -scaled and shall be used for commercial and/or residential use.
Public parking structures more than 50 feet from the street are not subject to this requirement.
(6) Changing a nonresidential use in an existing building to another use or uses permitted in the
MUST District does not require additional on-site parking, provided that:
(a) The existing structure will become a mixed-use building;
(b) The new use requires no more than a maximum of 15 additional parking spaces above the
number of parking spaces required by the existing use; and
(c) Any exterior changes to the building must comply with the MUST development design
standards.
(7) 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 3,000 square feet with an
improved road frontage of 30 feet or less.
(8) Any facade of a parking structure that can be seen from an abutting residential zoning district shall
comply with the architectural design standards.
(9) Off-street surface parking shall not extend more than 70 feet in width along any street frontage
without an outdoor cafe, landscaped garden or public plaza with seating.
B.
Parking for single-use structures.

(1) 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.[1]
[1]:
C.
Editor's Note: Table 1 is included as an attachment to this chapter..
Parking for mixed-use structures.

(1) 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:[2]
(a) 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.[3] That
number serves as the base for calculating the percentages of peak demand for key times
values.
[3]:
Editor's Note: Table 1 is included as an attachment to this chapter.
(b) 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.
(c) Next, add the columns for each peak demand time to determine the number of spaces
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required for the mixed-use structure for each peak hour.

(d) The required number of parking spaces for the development is the highest total hour figure
for the mixed-use development.
[2]:
Editor's Note: Table 1 is included as an attachment to this chapter. A mixed-use building example
is included in Table 2, also included as an attachment to this chapter.
(2) If a minimum of 50% of the parking required by the parking table is below grade, the required
parking for nonresidential uses may be reduced by 10% and required parking for residential uses
may be reduced to no less than one space per unit.
[Amended 9-11-2013 by Ord. No. 4004]
D.
Dimensional standards for public parking structures and parking structures.

[Added 9-11-2013 by Ord. No. 4004[4]]
(1) Standard and compact parking space dimensions.
(a) All standard parking spaces shall be a minimum of 9 feet wide and 17 feet long except for
parallel parking spaces, which shall be a minimum of 22 feet long.
(b) All compact parking spaces shall be a minimum of 8.5 feet wide and 16 feet long except for
parallel parking stalls, which shall be a minimum of 20 feet long.
(c) All accessible parking spaces shall be a minimum of 8 feet wide and 17 feet long. The size of
the loading area for an accessible parking space shall comply with the International Building
Code requirements.
(2) Internal drive-aisle dimensions. Internal drive aisles shall be a minimum width of 18 feet for oneway traffic and a minimum of 22 feet for two-way traffic.
(3) The distribution of standard and compact spaces in a parking structure should be 2/3 standard to
1/3 compact parking spaces.
[4]:
E.
Editor's Note: This ordinance also redesignated Former Subsections D through G as Subsections E
through H, respectively.
Off-site parking.
(1) Off-site parking is permitted in the MUST District, except for student home uses, subject to the
regulations set forth below.
[Amended 9-11-2013 by Ord. No. 4004]
(2) 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.[5]
(a) Documentation confirming the ownership and/or management arrangement shall be
submitted to the Township prior to the Board of Commissioners approval of the preliminary
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.
[Amended 9-11-2013 by Ord. No. 4004]
[5]:
Editor's Note: Table 1 is included as an attachment to this chapter.
(3) Code-required parking for mixed-use structures may be provided off site, provided:
(a) 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.
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(b) Both the mixed-use development and the parking facility comply with the MUST
development design standards in 155-87.25.
(c) 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 Commissioners consideration of the preliminary 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.
(d) 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 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.
(4) Code-required parking for single-use structures may be provided off site when:
(a) The development lot is less than 8,000 square feet and improved street frontage is less than
40 feet;
(b) Parking must be within 900 feet of the single-use development using a pedestrian route
continually accessible to the public, measured from lot line to lot line;
(c) Both the single-use development and the parking facility comply with the MUST
development design standards in 155-87.25; and
(d) Documentation that the parking facility owner agrees to make the spaces available to the
proposed off-site single-use development within the MUST District shall be submitted prior
to the Board of Commissioners 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]
F.
On-street parking. Provided the new or rehabilitated building or buildings comply with the MUST
development design standards in 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.
G.
Bicycle parking. Convenient bicycle facilities shall be provided up to a maximum of 20 spaces, as follows:
(1) For residential uses, there shall be one bicycle space or locker for each three dwelling units or
portion thereof.
(2) For commercial uses, there shall be one bicycle space or locker for every 20 automobile parking
spaces or fraction thereof.
(3) 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.
H.
Service and loading.

[Amended 9-11-2013 by Ord. No. 4004]
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(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.
(a) Outdoor areas used for loading or trash collection purposes shall be no closer than 50 feet to
the property line of a residential use in a residential zoning district.
(b) If these areas must be located closer than 50 feet to residential uses in residential zoning
districts, they shall be located indoors. Noise, sound and odors associated with these uses shall
not be discernible at the lot line.
(c) Loading and service functions shall be located within the building envelope, unless otherwise
approved by the Board of Commissioners upon a finding that the proposed placement of the
service and/or loading facility will not be detrimental to the health, safety, and welfare of the
public.
(d) The visual impact of any outside loading and service functions shall be minimized through the
use of screen walls and landscaping. Screen walls shall be compatible in design and materials
with the building design.
(e) Loading and service activities shall not be visible from a public street.
(f)
Exterior loading access curb cuts and driveways shall be shared with parking access curb cuts
and driveways.
155-87.24. Density.
A.
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 moderateincome 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
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:
(1) Moderate-income dwelling units created as part of a qualified MUST development require 0.5
parking space per unit rather than the 1.5 spaces per unit required for market-rate housing.
(2) Building area may be increased to 85% and impervious surface may be increased to 90% for singleuse developments complying with 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 stories or higher and at least 10% of the dwellings units, but no less than two units, shall be
affordable to moderate-income families.
(3) Any additional residential units created under the provisions of this subsection are not required to
be included in the minimum parking calculations, provided that no less than one residential parking
space per unit is constructed.
B.
Public gathering space.

[Amended 9-11-2013 by Ord. No. 4004]
(1) If an applicant provides and maintains public gathering space on the lot, the Board of
Commissioners may authorize a density bonus by conditional use, upon finding that the space
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provides a public benefit. Public gathering space may include ornamental fountains, stairways,
waterfalls, sculptures, arbors, trellises, planted beds, drinking fountains, clock pedestals, 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:
(a) 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 155-87.25, Development
design standards.
(b) Any additional residential units and/or commercial space created under the provisions of this
subsection are not required to be included in the minimum parking calculations, provided
that no less than one residential parking space per unit is provided on the lot.
(2) The public gathering space shall be located where it is visible and accessible from either a public
sidewalk or pedestrian connection.
(3) Between 25% and 30% 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 concrete. No more than 20% of the public gathering space shall be concrete.
(5) Seating such as benches, chairs or seating walls shall be provided at a ratio of one seat for each 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 water features are encouraged.
155-87.25. Development design standards.

A.
Purpose.
(1) 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 accessways. Windows must
facilitate views into and out of buildings. Requirements for orientation and primary entrances are
intended to:
(a) Provide for convenient, direct and accessible pedestrian access to and from public sidewalks,
transit facilities, and residential and commercial uses;
[Amended 9-11-2013 by Ord. No. 4004]
(b) Provide a safe, pleasant and enjoyable pedestrian experience by connecting activities
between buildings in the MUST District and within a structure to the adjacent sidewalk and/or
transit stop; and
[Amended 9-11-2013 by Ord. No. 4004]
(c) Promote use of pedestrian and mass transit modes of transportation to access residential and
commercial facilities.
(2) 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-foot radius.
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(3) 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.
B.
Building orientation and primary entrance.

(1) General standards. All new and rehabilitated buildings shall comply with the following standards:
(a) Buildings shall be designed with window space, public access points and signage facing the
street and sidewalk.
(b) The facade treatment of walls facing residential uses or residential zoning districts shall be
similar to the primary front facade along the pedestrian-oriented street. Public parking
structures located more than 50 feet from the street are not subject to this requirement.
[Amended 9-11-2013 by Ord. No. 4004]
(c) 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. Public parking structures located more
than 50 feet from the street are not subject to this requirement.
[Amended 9-11-2013 by Ord. No. 4004]
(d) Primary building entrances shall be articulated and visible from the street.
[1] Building entrances shall incorporate arcades, roofs, porches, alcoves and awnings that
protect pedestrians from the sun and rain.
[2] 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.
(e) 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 155-87.25C.)
(f)
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.
(g) When one or more lot(s) is redeveloped such that 150 feet or more of new building facade 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.
C.
Architectural design standards.

(1) 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 stories of new buildings must relate to the street level heights of
existing buildings. The architectural features of the vertical and horizontal facade 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. Public
parking structures located more than 50 feet from the street are not subject to this requirement.
[Amended 9-11-2013 by Ord. No. 4004]
(2) Buildings. Public parking structures located more than 50 feet from the street are not subject to
the following requirements:
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(a) 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.
(b) All buildings shall articulate the line between the ground and upper levels with a cornice,
(c) The massing of all buildings shall be deemphasized 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 humanscale development. Such breaks in the facades and rooflines shall occur not more frequently
than the width of two historic shop fronts (generally about 25 feet each) nor less frequently
than 100 feet.
(d) The ground floor of the primary front facade shall contain an average of 65% to 70% clear
windows and doors. Smoked, reflective, tinted or black glass in windows is prohibited.
(e) Any walls with less than 25% of clear windows shall be articulated by two or more of the
following:
[1] Details in masonry courses;
[2] The provision of blank window openings trimmed with frames, sills and lintels;
[3] If the building is occupied by a commercial use, recessed or projecting display window
cases.
(f)
The ground floor design shall be based upon historic examples in the 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 to 12 feet above sidewalk level;
[3] The top of the display window shall be at least as high as door height.
(g) Second story and above of primary front facades shall contain a minimum of 50% of the
horizontal width of the facade 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 windows and doors on the ground level, including storefront
or display windows.
(h) 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.
(i)
Pitched roof material may include slate (either natural or man-made), shingle (either wood or
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.
(j)
Exterior wall materials may include stucco, wood clapboard (including aluminum imitation
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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 T111 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 facade
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.
(k) All rooftop mechanical equipment, including antennas, shall be screened visually and
(l)
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 do not
project into a required public walkway shall include a barrier to prohibit doors from swinging
into pedestrians.
(3) 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.
(4) Public walkways along streets shall:
(a) Be constructed of brick, concrete pavers, stamped colored concrete or integral colored
concrete with brick borders.
(b) 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.
[1] The unobstructed width of an existing public sidewalk may be reduced to four feet to
accommodate the installation of street trees when shown on the approved
development plan.
[2] 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 subsection may be reduced to six
feet. The reduced width must remain completely unobstructed to permit the free
passage of pedestrians.
(c) Create a completely linked network of walkways connecting transit stops, commercial
centers, institutional facilities and residential uses including parks and other open space areas.
(d) Not be used for exterior storage.
(e) 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.
D.
[1]
Parking structures.
[Added 9-11-2013 by Ord. No. 4004]
(1) Vertical articulation of the parking structure facade, including changes in building plane and
materials, shall be used to create a pedestrian scale and occur at a maximum interval of 65 feet.
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(2) Horizontal architectural features of the parking structure facade, including changes in building
materials, shall be used to create a pedestrian scale. The change in building material shall occur at
a maximum interval of 40 feet.
(3) The primary front facade of a parking structure shall be pedestrian oriented and scaled.
Pedestrian-oriented active uses, such as retail or commercial, shall occupy the ground-floor facade
to the greatest extent feasible. Parking structures may limit ground-floor window areas to lobbies,
entrances and retail uses facing public streets or pedestrianways. Public parking structures located
more than 50 feet from the street are not subject to this requirement.
(4) The facade treatment of walls abutting residential uses or residential zoning districts shall be
similar to the primary front facade.
(5) The visual impact of sloping floors from any public accessway shall be minimized through design
treatment of the parking structure's facade.
(6) In addition to the exterior wall materials listed in Subsection C(2)(j) above, precast concrete may
be permitted for parking structures.
(7) Parking structures shall be designed to conceal the view of all parked cars from adjacent public
rights-of-way and publicly accessible open space for the full height of the structure.
(8) The Board of Commissioners may, by conditional use, approve changes to the above requirements.
[1]:
E.
Editors Note: Former Subsection D, Signage, was repealed 3-16-2011 by Ord. No. 3939. For current
provisions, see 155-93.3.2.
Street/shade trees.
(1) Street trees shall be planted by a building 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.
[Amended 9-11-2013 by Ord. No. 4004]
(2) (Reserved)[2]
[2]:
Editor's Note: Former Subsection E(2), regarding the diameter and spacing of street trees, was
(3) Mature street trees shall be limbed up from the sidewalk to six feet to enhance pedestrian safety.
(4) The lot owner shall have the responsibility to replace any street trees on or in front of their lot
that die.
(5) Trees located under utility lines shall not be of a species that is expected to grow into the utility
lines.
(6) Tree species are to be selected according to the following criteria:
(a) Cast moderate to dense shade in the summer;
(b) Survive more than 60 years;
(c) Mature height of at least 50 feet, unless beneath utility lines;
(d) Street trees shall be deciduous, branching above six feet to facilitate viewing storefront and
signage;
(e) Tolerant of pollution and direct or reflected heat;
(f)
Require little maintenance by being mechanically strong (not brittle) and insect and disease
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resistant;
(g) Be able to survive two years with no irrigation after establishment; and
(h) Be of native origin, provided they meet the above criteria.
(7) Street trees shall be planted in Township-approved tree grates, or in planter areas at least four
feet long by four feet wide.
Article XVIII. M Manufacturing and Industrial Districts

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

A.
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.
B.
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
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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.
C.
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 4-30-2008 by Ord. No. 3849]
D.
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 4-30-2008 by Ord. No. 3849]
E.
A lot may be used for a farmers' market, subject to the requirements set forth in 155-71W.
[Added 4-7-2010 by Ord. No. 3907]
155-90. Manufacturing and industrial buildings.

For any manufacturing and industrial buildings, the following requirements shall apply:
A.
Area regulations.
(1) Building area. The building area shall not exceed 70% of the lot area.
(2) Front yard. For a comer 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.
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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
(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
surfaces.
[Added 10-17-1990 by Ord. No. 3208]
(7) Building setback. All buildings shall maintain a minimum setback of 50 feet from any building
designated as Class I or Class II on the Townships Historic Resource Inventory.
[Added 4-30-2008 by Ord. No. 3849]
B.
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 4-30-2008 by Ord. No. 3849]
A townhouse, apartment house and/or apartment hotel development is permitted on a lot subject to the
following requirements.
A.
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.
B.
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.
C.
Dimensional requirements.
(1) Permitted density.
(a) Townhouses. A lot area of not less than 2,500 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 1,500 square feet per dwelling unit when a development complies
with the requirements of 155-90.1E.
(b) Apartment houses and apartment hotels. A lot area of not less than 2,000 square feet per
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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 155-90.1E.
(c) 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 three 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 155-90.1E. 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 set back a minimum of 10 feet from all property lines,
except as provided below:
(a) Where a lot abuts the Schuylkill River, buildings shall be set back a minimum of 50 feet from
the top of the retaining wall abutting the edge of the 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 and driveways shall be
prohibited in the setback of 50 feet unless they comply with Subsection C(4)(b) below.
[1] The required setback of 50 feet may be reduced to 30 feet when more than 45% of the
building facade facing the river complies with the setback of 50 feet, and when the
average setback of this facade is 60 feet.
(b) Parking and driveways shall be prohibited in the setback of 50 feet except, however,
driveways shall be permitted up to 25 feet into the setback of 50 feet if public trail parking is
provided and the following requirements are complied with:
[1] The driveway shall have a maximum width of 20 feet 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 feet.
[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 101-9, Minimum 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.
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(6) Impervious surfaces.

(a) 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:
[1] A minimum of 10% of the lot area is occupied with buildings covered with a green roof
and the requirements of 155-90.1E are met. Green roofs may include impervious
walking paths or plaza areas covering a maximum of 10% of the green roof area.
(b) Provided the land development plan complies with 155-90.1E, the following improvements
shall not be counted against the maximum impervious surface limits:
[1] The multipurpose trail constructed within the river easement area and the public trail
parking.
[2] Plazas areas required by 155-90.1D(3)(b).
[3] Paved emergency access roads/driveways required by Lower Merion Township.
[4] The public gathering space authorized under 155-90.1E.
(7) Height regulations.
(a) Townhouses. The height of any townhouse shall not exceed 43 feet.
(b) 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 two feet of building height is permitted for every trail parking space; or
alternatively
[2] An additional two feet of building height is permitted for every 100 square feet of
additional plaza/courtyard area provided outside and adjacent to the river easement
area.
(c) 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.
(a) 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 four feet. There shall be no
fewer than three and no more than six townhouse units in a townhouse building.
(b) Apartment 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 four feet.
(9) Townhouse, apartment house and apartment hotel garage. If detached garages are built, each
garage shall be entirely separated from the principal building and shall 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 feet. Detached garages shall be separated by a minimum
of 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.
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(a) Townhouse: two spaces per unit.

(b) Apartment house and apartment hotel: two spaces per unit.
[1] Where 65% or more of the residential units on a lot are single bedroom, and where
public transportation services are available within 1,500 feet of the property, then the
parking requirements for each residential unit may be reduced to 1.5 spaces per unit.
(c) Buildings with both residential and commercial uses complying with Subsection E(2) below
may comply with the Rock Hill Overlay District Table 1 required parking requirements set
forth as 155 Attachment 3:3 at the end of this chapter.
(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 setback of 50 feet from any building designated as Class I or
Class II on the Township's Historic Resource Inventory.
D.
Design and open space standards. All proposed townhouse, apartment house, and apartment hotel
developments shall meet the following design and open space standards:
(1) A public easement area 22 feet wide 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 April 30, 2008.
(2) The easement of 22 feet 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.
(a) 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
(b) The parking spaces within the easement area cannot be relocated to another area on the
property; and
(c) 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 less than 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.
(3) The development shall include open courtyards or plazas for use by residents within the
development. These areas shall meet the following requirements:
(a) At least one plaza/courtyard shall abut the easement area and be oriented towards the river.
(b) The total plaza/courtyard areas provided shall be a minimum of 3% of the lot area but in no
case shall be less than 5,000 square feet.
(c) If several smaller spaces are created no one plaza/courtyard shall be less than 300 square feet.
(d) Courtyards and plaza areas shall be open air plazas and may not be enclosed.
(e) The individual plaza/courtyard shall include usable and easily accessible landscaping and
hardscaping improvements, subject to the following:
[1] Between 25% and 30% of the plaza/courtyard shall be landscaped with trees, shrubs, and
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[2] 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.
(f)
Seating space shall be provided in each plaza area as follows:

[1] One seating space for every 50 square feet of plaza/courtyard area up to 600 square
feet.
[2] One seating space for every 200 square feet of plaza/courtyard above 600 square feet
up to a maximum of 40 seats.
(g) The area shall not be used for parking, loading, or vehicular access.
(h) Public art and fountains are encouraged.
(4) 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.
(a) 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.
(b) 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 to contribute to human-scale development. The viewshed from the river shall
be considered a public way.
(c) 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 man-made), 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.
(d) 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).
(e) 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 facade shall only be permitted under Subsection D(4)(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 Subsection D(4)(g)
below.
[2] Unless authorized under Subsection D(4)(g) below, all forms of conventional unfinished
concrete block shall be prohibited, except on walls not visible from any public way. The
viewshed from the river shall be considered a public way.
(f)
All rooftop mechanical equipment, including antennas, shall be visually screened on all sides.
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Such screening shall be integral to the architectural design of the building.

(g) 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.
E.
Townhouses, apartment houses, and apartment hotels using the density modification allowed in 15090.1C(1) through (3) must meet all of the following additional design and open space requirements:
(1) The easement area required by 150-90.1D(1) shall be increased from 22 feet to 30 feet.
(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:
(a) 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.
(b) 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.
(c) A minimum of 25% of the public gathering space shall be landscaped with trees, shrubs, and
(d) 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.
(e) One seating space shall be provided for each 100 square feet of the public gathering space.
(f)
The public gathering space shall not be used for parking, loading, or vehicular access.
(g) Public art and fountains are encouraged. If public art or fountains are installed, required
seating space may be reduced to one seat per 200 square feet of public gathering space.
(3) A public multipurpose 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, two-foot-wide shoulders, shall be paved with
asphalt a minimum of 2 1/2 inches thick with a minimum aggregate subbase of four inches, 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 eight 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 shall be in close proximity to the
trail.
155-90.2. Regulations for other buildings.

[Added 4-30-2008 by Ord. No. 3849]
Buildings with uses other than those regulated under 155-90 and 155-90.1 shall comply with the
requirements set forth in Article XVI, subject to the following additional standards.
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A.
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.
B.
Parking spaces and driveways must be set back 30 feet from the retaining wall described in Subsection
A above.
C.
All buildings shall maintain a minimum setback of 50 feet from any building designated as Class I or Class
II on the Township's Historic Resource Inventory.
D.
The maximum building height shall be 120 feet.
E.
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, and building/architectural design standards under
155-90.1; and
(2) The density modification standards under 155-90.1E; and
(3) The parking and loading standards under 155-203.
(4) Mixed-use building development shall also comply with the provisions of 155-90.1E(1), (3) and
(4) above.
Article XIX. Signs

[1]:
Editor's Note: Signs in districts other than residence districts are regulated more specifically under Ch. 6 2,
Building Construction.
155-91. Legislative intent.

[Amended 7-21-2010 by Ord. No. 3919]
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:
A.
Encourage good design in the context of the overall image and visual environment of the Township,
thus preserving the right of citizens to enjoy the Townships scenic features.
B.
Support commercial speech and expression and to promote legal products and services while retaining
the visual character of the Township.
C.
Ensure that signs are adequate, but not excessive, for the intended purpose of identification or
advertisement.
D.
Prohibit the erection of signs in such numbers, sizes, designs and locations as may create a hazard to
pedestrians and motorists.
E.
Avoid excessive competition for large or multiple signs so that permitted signs provide adequate
identification and direction while minimizing clutter, unsightliness and confusion.
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F.
Allow for the coordination of signs to reflect the character of the architecture, landscape and visual
themes which the Township is supporting.
G.
Encourage nonconforming signs to be brought into compliance with this article.
H.
Preserve and promote the public health, safety, and welfare of the residents of the Township.
I.
Ensure that billboards are provided for at reasonable locations/districts in the Township and located
safely and appropriately where they can be viewed by motorists with the least distraction and
degradation of driving performance.
J.
Reasonably regulate the time, place and manner of sign regulations by placing reasonable limits on the
size, total number, separation from other signs, height, and other similar aspects of signs in order to
minimize possible adverse impacts on nearby public and private property, including roadways, by
balancing potential harms to the Township against individual freedom of speech and expression.
K.
Promote the quality, appearance, and safety of all signs.
155-92. Definitions.
As used in this article, the following terms shall have the meanings indicated, unless otherwise expressly
stated:
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, product, 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.
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.
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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.
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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.
MONUMENT SIGN
A freestanding sign supported primarily by an internal structural framework or integrated into
landscaping or other solid structural features other than support poles. The base of the sign structure is
on the ground or a maximum of 12 inches above the adjacent grade. The width of the top of the sign
structure can be no more than 120% of the width of the base.
[Added 3-16-2011 by Ord. No. 3939]
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 noncommercial announcement, declaration, demonstration, personal expression or insignia not in
excess of 12 square feet.
[Added 1-20-2010 by Ord. No. 3901 [1]]
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
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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.
STOREFRONT WINDOW GRAPHICS
Permanent window graphics with the tenant's mark or hours of operation.
[Added 3-16-2011 by Ord. No. 3939]
STREET ADDRESS PLAQUE
A small sign mounted to the front or side of a building at pedestrian level, or dimensional letters
mounted above the door, conveying the numerical street address of the building.
[Added 3-16-2011 by Ord. No. 3939]
TEMPORARY SIGN
Any sign erected for a period of time not to exceed 20 days in any three-hundred-sixty-five-day period.
WALL PLAQUES
Small pedestrian-oriented information signs that may convey information such as hours of operation or
take the form of directories, menu cases, or convey historical building information.
[Added 3-16-2011 by Ord. No. 3939]
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.
[1]:
Editor's Note: This ordinance also repealed the definition of "political 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:
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A.
Any sign which by color, shape or location conflicts with or resembles a governmental sign or traffic
signal device.
B.
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.
C.
Any off-premises sign, except as may be provided for within this article.
D.
Any portable sign, except as may otherwise be provided for within this article.
E.
Any sign which advertises or publicizes an activity or business not on the premises where the sign is
located, except where adjoining promises 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.
F.
Any sign erected without the permission of the property owner or authorized agent.
G.
Any sign on any awning, except on the front and side vertical face thereof, as provided herein.
H.
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]
I.
Any sign painted on any wall surface, or graphically projected or applied onto a building or an object,
except as may be otherwise provided for within this article.
[Amended 7-21-2010 by Ord. No. 3919]
J.
Any projecting sign, except as may be provided for within this article.
K.
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.
L.
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.
M.
Any sign which obstructs free ingress to or egress from a required exitway.
N.
Any banner, pennant, flag or balloon, except as may be otherwise provided for within this article.
O.
Any advertising sign painted on or attached to a vehicle or trailer not used primarily and consistently for
transportation.
P.
Any sidewalk and sandwich sign.
Q.
Any abandoned or dilapidated sign.
R.
Any sign which exhibits statements, words or pictures of obscene or pornographic subjects.
S.
Any internally illuminated sign, except as may be provided for herein.
T.
Any sign inconsistent with the provisions of this article.
155-93.1. Exempt signs.

[Amended 1-18-1995 by Ord. No. 3378]
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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.
A.
Governmental signs, as herein defined.
B.
Real estate and development signs, subject to height, area and number requirements as set forth in this
article.
C.
Personal interest signs.

[Amended 1-20-2010 by Ord. No. 3901]
D.
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.
E.
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.
F.
"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.
G.
Memorial signs.
H.
Interior signs.
I.
Public service signs which shall not exceed five square feet in sign area.
J.
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:
A.
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.
B.
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.
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(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.
C.
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.
D.
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.
E.
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 rightof-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]
F.
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.
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(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:
A.
Any signs permitted in residence districts, subject to the restrictions provided hereinabove.
B.
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.
C.
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]
(a) 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.
(b) 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.
(c) 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]
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(5) Freestanding and projecting signs. One freestanding and projecting sign shall be permitted for
each street frontage. Freestanding signs may be internally illuminated.
(a) Height. No freestanding sign shall exceed a height of 15 feet above grade.
[Amended 3-15-2000 by Ord. No. 3561]
(b) 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.
D.
Public service signs. Only one sign shall be permitted on a property. Public service signs may be
internally illuminated.
E.
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 ground to the highest point of the billboard.
(3) Billboards shall not be mounted to the facade of any building.
[Added 7-21-2010 by Ord. No. 3919[1]]
[1]:
Editors Note: This ordinance also renumbered Subsection E ( 3 ) through ( 5) as Subsection

E ( 4 ) through ( 6 ) .
(4) Illumination. Illumination of billboards shall be allowed only upon grant of a special exception by the
Zoning Hearing Board, subject to the following requirements:
[Amended 5-26-2010 by Ord. No. 3915]
(a) The illumination of billboards within 500 feet of a residential zoning district or residential use
shall not be permitted.
(b) All illumination shall be external, shielded, and shall be mounted directly above each
illuminated face of the billboard.
[Amended 7-21-2010 by Ord. No. 3919]
(c) The location, luminaire type, wattage, and illumination patterns, and the means of control
shall be specified. The lighting shall be designed to prevent the direct off-site transmission of
light directly from the light source, to shield the source of illumination and to prevent glare
as viewed from off-site.
[Amended 7-21-2010 by Ord. No. 3919]
(d) The source of illumination shall be screened from view from vehicles on adjacent roadways
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and from adjacent properties.

(e) No light source emanating from behind, within or on the face of the billboard shall be
permitted.
(f)
Rotating, flashing, pulsing, moving or oscillating light sources, lasers, light emitting diodes
(LEDs), organic LEDs, beacons or strobe lighting shall not be permitted.
[Amended 7-21-2010 by Ord. No. 3919]
(5) 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 or merging traffic lane of a limited access highway.
[Amended 7-21-2010 by Ord. No. 3919]
(6) Obstruction. No billboard shall overhang 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; 5-102006 by Ord. No. 3777]
A.
Permitted signage. 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:
(a) The area of any such sign shall not exceed 50 square feet.
(b) Such sign shall not exceed a height of 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.
(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.
(d) Freestanding signs may not be internally illuminated.
(e) 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.
(f)
Freestanding signs advertising specific buildings shall be within 50 feet of the buildings listed
on the sign.
(2) Wall signs, provided that:

(a) No wall sign shall be permitted to extend above any cornice, wall, parapet wall or building
facade.
(b) The total area of any single wall sign shall not exceed 60 square feet, and all wall signs and
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projecting signs on each building shall not exceed 10% of the area of the wall of the building,
including windows, doors and cornices, whichever is smaller.
(c) There shall be no more than two wall signs exceeding 20 square feet on any building.
(d) 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:
(a) The sign is located on or on top of emergency department canopy fascias.
(b) 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.
(c) Letter size shall not exceed 12 inches in height.
(d) The sign may be externally lit and directly illuminated from above.
B.
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.
(a) Directional and instructional signs, including those designating points of ingress and egress,
which do not exceed 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 10 feet above
existing grade. The maximum height for directional signs in the required perimeter onehundred-twenty-five-foot setback is six feet above existing grade.
(b) Directional signs must be set back from a street line a minimum of 125 feet and may not be
located in any of the required common open space.
(c) Directional signs must be located outside the required seventy-five-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 10 feet of
the edge of the driveway.
(2) Bryn Mawr Medical District.
(a) Directional and instructional signs, including those designating points of ingress and egress,
which do not exceed 10 square feet for each sign face. The maximum height of a directional
or instructional sign is six feet above existing grade.
(b) Directional signs must be located outside the required buffer area.
C.
General standards for all signs.

(1) All signs shall have letters no larger than 18 inches in height for signs located 30 or less feet above
grade; 24 inches in height for signs located 30 to 60 feet above grade; and 36 inches in height for
signs located 60 or more feet above grade.
(2) No sign shall extend closer than 1/2 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
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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 20% of the clear window surface.
D.
Awnings and canopies.

(1) Covered areas for patient dropoff and pickup 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 feet and
no more that seven feet. The furthest edge of the awning may be no closer than 24 inches to the
curb abutting a street and may cover no more than 2/3 of the sidewalk width.
(4) Ground floor awnings and canopies shall terminate no less than 18 inches below the second floor
windowsills.
(5) Ground floor awning and canopy height shall not exceed 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 feet.
(7) Fixed awnings may be used above the first story, provided they project no more than four 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 Bryn Mawr Village District and MixedUse Special Transportation District.
In the Bryn Mawr Village District and the Mixed Use Transportation 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.
A.
Signage dimensional standards.

(1) The total area of all signage for each lot shall not exceed one square foot for each foot of linear
building frontage. In all cases, individual signs are limited in square footage, as specified in this
article.
(2) Any lot with a lot width of less than 25 feet at the street line may use the lot width at the building
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line for calculating the maximum signage permitted under this section.
(3) No single sign shall exceed a maximum of 40 square feet.
(4) The maximum height of lettering shall be no larger than 12 inches in height for signs located 30 or
less feet above grade; 18 inches in height for signs located 30 to 60 feet above grade and 24 inches
in height for signs located 60 or more feet above grade.
(5) The letter height of signs on a building or a portion of a building more than 50 feet from the
curbline of Lancaster Avenue may be increased to 24 inches in height.
B.
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 and tubing 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) Signs shall be constructed only from wood, metal, stone or other similar material. The Board of
Commissioners may approve an alternative material by conditional use approval if it can be
demonstrated that the material will have the same appearance and texture as any of the approved
materials. Formed plastic, injection-molded, or easily damaged signage materials are prohibited.
(6) Location of all openings for conduit and sleeves in sign panels of buildings 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.
(12) Supports for projecting signs shall be affixed to a building facade, canopy or arcade and shall not
obstruct upper story windows or openings in any way.
C.
Wall signs: letters or marks mounted parallel to the building's facade that are either mounted as
individual letters or contained in a sign panel. Wall signs shall comply with the following standards:
(1) Number of signs: one per occupancy per street front. Where a storefront faces both a street and a
parking lot, a second sign is permitted to face the parking lot. Wall signs may not obstruct windows
or other building openings.
(2) Mounting height: twenty-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 wall-mounted sign is permitted to
exceed this height limit if either of the following conditions exist.
(a) The building fronts on Lancaster Avenue or Bryn Mawr Avenue, provided that the sign is
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more than 50 feet from any street right-of-way. The sign must be located below the cornice
line that separates the building wall from the roof structure, or in the case of a flat roof,
below the roof parapet; or
(b) Where there is a second floor commercial occupant that does not also occupy the first floor,
the sign for the second floor tenant must be located below the cornice line that separates
the building wall from the roof structure, or in the case of a flat roof, below the roof parapet.
(3) Depth of sign: Wall signs must not project more than 12 inches from the building wall.
(4) Methods of illumination shall be limited to the following:
(a) Natural lighting.
(b) External lighting, lit from above.
(c) Halo-lit or backlit letters.
D.
Projecting sign. Projecting signs shall be subject to the following standards:

(1) Maximum area of sign: nine square feet.
(2) Number of signs: one per ground floor occupancy, plus one for any public building entrance not
serving a ground floor establishment. Projecting signs on a single lot shall not be placed within 20
feet of each other.
(3) Mounting height: twenty-foot maximum, provided the sign is below the sill line of the second floor
windows or the lowest point of the roof, whichever is less. Projecting signs shall have a minimum
clearance of not less than 10 feet above grade or sidewalk.
(4) Perpendicular distance from building's facade: Projecting signs shall not project more than five feet
from the building. The maximum five-foot projection shall be measured at the location where the
sign support is attached to the building. The projecting sign or any portion of the support
structure shall be no closer than three feet to the curbline.
E.
Banner signage. Banner signs shall be subject to the following standards:

(1) The maximum area of a banner shall be less than or equal to 25 square feet.
(2) Only one banner sign is permitted per property.
(3) Mounting height: Bottom of banners shall be mounted at least 14 feet above grade or sidewalk to
avoid intrusion into a Projecting Sign or awning zone, and shall not extend beyond the third story
of the structure.
(4) Projection: Banners shall not project more than three feet into the public right-of-way.
(5) Banner signs shall be spaced no closer than 20 feet apart, and centered within architectural
elements.
F.
Freestanding signs.
(1) Freestanding signs existing as of June 19, 2008 may be replaced, provided that a permit was issued
for the existing sign.
(2) 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.
(3) The replacement sign may not obstruct vehicle site distance requirements, and the location must
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be approved by the Township Police Department's Traffic Safety Division.

G.
Illumination of signs.
(1) Halo-lit or backlit letters are permitted.
(2) Any others signs authorized in these districts may be illuminated only by natural light or external
lighting mounted above the sign. External lighting shall be shielded from adjacent properties and
public roadways or public rights-of-way by the use of either cutoff or full cutoff luminaires, or the
use of external shields if necessary.
H.
Awnings and 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 30 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 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
from the curbline.
(3) Mounting height. The bottom of awnings and canopies shall be at least eight feet above grade or
sidewalk, except in the case of a movable valance which may be seven feet above grade or
sidewalk.
(4) Illumination. Natural lighting only; backlit awnings are not permitted.
(5) Design. On multitenant facades, 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 that project into a street right-of-way more than 12 inches
must be retractable or collapsible.
(8) Fixed awnings may be used above the ground floor, provided that they project no more than four
feet maximum.
I.
Wall plaques. The following standards shall apply:

(1) Maximum area: up to six square feet in area, not projecting more than three inches from a building
wall.
(2) Number of signs: two per usable entry.
(3) Mounting height: five feet on center above grade or sidewalk.
(4) Illumination: menu cases may be internally lit.
J.
Street address plaque. The following standards shall apply:

(1) Area of sign: less than or equal to three square feet in area.
(2) Number of signs: minimum of one located at the main entry to the building.
(3) Mounting height: five 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 inches.
(4) Illumination: Natural lighting only is permitted, except for halo-lit or backlit letters.
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K.
Permanent storefront window graphics. The following standards shall apply:

(1) 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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
Materials. Signs shall be constructed only from plastic, wood, metal, stone or similar appropriate
materials with painted, engraved or raised messages.
B.
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.
C.
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.
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D.
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.
A.
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:
(a) The site plan, including lot dimensions, building frontage and existing rights-of-way and
drives.
(b) 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.
(c) 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.
(d) Such other information which may be required by the Director of Building and Planning.
B.
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.
A motor vehicle garage space or an outdoor motor vehicle parking space shall consist of an area of not
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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]
B.
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.

Ord. No. 1844; 5-16-1979 by Ord. No. 1865]
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.
A.
Apartment houses and hotels.

(1) At least two parking spaces for each apartment. Subject to the approval of the Director of Building
and Planning, 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]
(a) When the use of concrete grass pavers would not adversely affect the parking operation of
the proposed use.
(b) 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.[1]
[1]:
Editor's Note: This subsection was amended 2-20-1974 by Ord. No. 1710, but that amendment
was not included in the February 1974 reprinting of the complete Zoning Ordinance, as
amended, adopted 5-15-1974 by Ord. No. 1722. (See chapter history.)
B.
Boardinghouses or rooming houses: at least one parking space for each room for rent.
C.
Bowling alleys: at least five parking spaces for each lane.
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D.
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.
E.
Tourist houses: at least one parking space for each room for rent.
F.
Theaters: at least one parking space for each five seats.
G.
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.
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; 5-202009 by Ord. No. 3881]
I.
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.
J.
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.
K.
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]
L.
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]
M.
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.
N.
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
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devoted to repair or service facilities, which shall be in addition to the space allocated for the normal
storage of motor vehicles.
O.
Medical facilities:
(1) Medical center and hospital: One off-street parking space shall be provided per 600 square feet of
gross habitable floor area.
(2) Medical clinic and health clinic: One off-street parking space shall be provided per 300 square feet
of gross habitable floor area.
(3) Medical offices: One off-street parking space shall be provided per 300 square feet of gross
habitable floor area.
(4) Medical laboratory: One off-street parking space shall be provided per 600 square feet of gross
(5) Special medical treatment facility: One off-street parking space shall be provided per 400 square
feet of gross habitable floor area.
(6) Patient hostel: One off-street parking space per guest room and one parking space per employee
of the largest shift.
(7) Hospital staff dormitory: One off-street parking space per student or employee.
(8) Employee day-care center: One 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 10 participants in the day-care center.
P.
Other commercial buildings: at least one parking space for each 200 square feet of gross floor area or
fraction thereof.
Q.
Open areas used for commercial purposes: at least one parking space for each 1,500 square feet of area
or fraction thereof
R.
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.
S.
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.
T.
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.
U.
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.
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(4) Parking for home occupations shall not be permitted in the required front yard setback.
V.
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.
W. Student homes: three parking spaces for each student home occupying a premises.
[Added 7-18-1990 by Ord. No. 3199]
X.
Community residential programs: at least two parking spaces for each community residential program
occupying a premises.
[Added 7-18-1990 by Ord. No. 3199]
Y.
Sanatorium, nursing home, convalescent home or home for the aged: at least 0.7 parking space for each
bed.
Z.
Off-street public parking spaces.

[Added 6-18-1997 by Ord. No. 3454]
(1) 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:
Total Spaces in
Lots
Designated Spaces
Parking Lot
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
Ardmore Lots
#4 Cricket Avenue
80
159
#16 Ardmore West
45
88
(2) 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
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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).
AA. Educational uses, including student residence halls, day care and nursery schools.
(1) Number of space required.
(a) One and one-half spaces per two students/participants of driving age;
(b) One space per faculty/staff member or volunteer;
(c) One visitor space per 25 students/participants; and
(d) 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)[2]
[2]:
Editor's Note: Former Subsection AA(2), regarding parking spaces remaining unpaved, was
(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.
BB. 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]
CC. Community art center: at least one parking space for each 200 square feet of gross floor area devoted
to the community-art-center use.
[Added 4-15-2009 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:
A.
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.
B.
New or changed use. Where a new use regulated by 155-95 is created or there is a change of use on
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the property, and the Board determines that the number of parking spaces required are not currently
needed, it may authorize the applicant to hold in reserve up to 50% of the total number of spaces
required.
C.
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.
D.
The applicant shall install stormwater management facilities, as required by the Township, for the total
required 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 natural features on the site.
E.
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.
F.
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.

[Amended 7-20-2011 by Ord. No. 3948]
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.
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-ofway 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

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155-99. Nonconforming buildings or uses.

A.
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.
B.
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.
C.
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]
D.
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.
E.
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.
F.
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.
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A.
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.
B.
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.
C.
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:
A.
The existing porch and roof were lawful when built.
B.
An existing porch roof may be repaired or replaced but a roof shall not be constructed where one
formerly did not exist.
C.
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.
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
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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.

[Amended 2-20-2013 by Ord. No. 3995]
A building and/or zoning permit shall be required as designated below. If any of the improvements listed
below are located in the Floodplain District, they are also subject to compliance with the provisions of Article
XXVII, Floodplain District.
A.
A building 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.
B.
A zoning permit shall be required prior to performing any of the following improvements:
(1) Grading within the floodplain disturbing less than 1,000 square feet.
(2) Any fence or wall within the floodplain.
(3) The storage of any materials within the floodplain.
(4) Dredging of any waterway.
(5) Mining.
(6) Ground-mounted array of solar panels within the floodplain.
(7) Swings, playsets or other recreational equipment located within the floodplain.
(8) Revision or flood map amendment to floodplain.
(9) Any increase in impervious surface on a lot.
(10) The installation of a shed or other accessory structures less than 200 square feet.
(11) A retaining wall outside the floodplain exceeding four feet above grade.
[1]:
(12) A fence outside the floodplain exceeding four feet and located in the required front yard setback.
Editor's Note: For provisions pertaining to the issuance of building permits under the Township Building
Code, see Ch. 6 2, Building Construction.
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.
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155-105.1. Application for preliminary opinion.

A.
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.
B.
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.
C.
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:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected by the proposed exception or
variance.
C.
A brief description and location of the real estate to be affected by such proposed change.
D.
A statement of the present zoning classification of the real estate in question, the improvements
thereon and the present use thereof.
E.
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.
F.
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,
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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]
A.
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.
B.
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.
C.
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]
A.
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]
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(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.
B.
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.
C.
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,[1] 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.
[1]:
Editor's Note: See Ch. A 172, Zoning Hearing Board: Rules.
155-113. Public hearings.

A.
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.
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(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.
B.
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.

A.
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.
B.
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.
C.
[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.
D.
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]]
(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
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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]
[1]:
E.
Editor's Note: This ordinance also redesignated former Subsection D as new Subsection E .
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.[1]
[1]:
Editor's Note: For the current rules of procedure, see Ch. A 172, Zoning Hearing Board: Rules.
155-117. Expiration of special exceptions and variances.

[Amended 2-15-1995 by Ord. No. 3382]
A.
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.
B.
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
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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.

A.
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.
B.
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]
C.
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[1]]
[1]:
Editor's Note: This ordinance also repealed former Subsections D and E, pertaining to actions of the
Planning Commission and of the Board, respectively, which immediately followed this subsection.
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155-121. Times for public hearings; notice.

A.
No public hearings on proposed amendments will be held during the month of August.
B.
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]
C.
Notice.
(1) The Board will cause prompt notice of such public hearings to be given as follows:
(a) 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.
(b) 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.
(c) By posting a notice thereof on the property for which the change is sought.
(d) 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.

A.
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.
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(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.
B.
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)
[1]:
Editor's Note: Former 155-123, Protest against amendment, was repealed 12-20-2006 by Ord. No. 3799.
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.

A.
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
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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.
B.
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.
C.
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.
D.
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.

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:
A.
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.
B.
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]
C.
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
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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.
D.
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]
E.
The Board of Commissioners shall designate which of the required yards shall be the front yard for rear
lots.
F.
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.
G.
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.

by Ord. No. 3538]
A.
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.
(a) 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 2-15-2006 by Ord. No. 3770]
(a) Where a property abuts a railroad, the portion of the fence or wall abutting the railroad is not
required to be open.
(b) Where a residential property abuts a commercial property, any portion of the fence above six
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feet must be at least 50% open.

B.
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.
C.
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.
D.
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.

[Amended 6-19-2002 by Ord. No. 3647]
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 155-135A,
Projections.
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 15593.1J(1) hereof.
155-133. Conversion of buildings.

Ord. No. 3427]
A.
The Zoning Hearing Board may authorize as a special exception the conversion of a building used as a
single-family dwelling into a two-family dwelling or an apartment house 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:
[Amended 1-16-2013 by Ord. No. 3993]
(1) The minimum lot area requirement for the district in which the designated lot is located shall be
provided for each dwelling unit in the proposed converted dwelling. No future subdivision of the
property may reduce the lot area below the minimum requirement. A covenant shall be recorded
to document this restriction.
(2) The conversion must occur on a lot that complies with the area and width regulations for the
district in which the lot is located.
(3) There shall be no external expansion of the building except as may be necessary for reasons of
safety or to comply with the building code provisions of Chapter 143 and the fire code provisions of
Chapter 78. Exterior stairways shall, where practicable, be located to the rear of the building.
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(4) The Zoning Hearing Board shall specify the maximum number of families and dwelling units
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) If the building is used and occupied as an apartment house, either one of the units must be and
remain occupied as the primary residence of the owner, or the owners must designate an agent of
the property owner authorized to accept service on the owner's behalf.
(6) The property shall comply after conversion with the building area and impervious surface
requirements for a single-family dwelling in the district in which the property is located. To the
degree the lot is nonconforming to the building area or impervious surface requirements, the
existing and new improvements required to complete the building conversion may not result in an
increase in building area or impervious surface beyond the increases permitted in Article XXV and
XXVIA.
(7) A planted buffer 20 feet in depth that meets the buffer standards in 155-114D shall be required
unless the Zoning Hearing Board makes a specific finding that the use of adjacent properties will
be sufficiently protected from the impact of the converted building by a lesser buffer, or by no
buffer at all.
(8) If the net lot area exceeds five acres, the lot shall comply with the Open Space Preservation
District provisions in Article XXVI.
B.
[1]
The Board of Commissioners may authorize as a conditional use the conversion of a building listed as
a Class I or Class II Historic Resource being lawfully used for a religious, club or lodge use into a twofamily dwelling or an apartment house, or an accessory building on that same lot, subject to compliance
with 155-151B(1)(g).
[1]:
C.
Editor's Note: Former Subsection B, pertaining to certain conversations, was repealed 6-17-1998 by
Ord. No. 3491.
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:
(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
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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:
(a) One parking space for each employee working at the facility.
(b) One parking space for each participant who will drive to the facility.
(c) One visitor parking space for every 15 participants.
(d) 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.
(e) No parking shall be permitted in the front yard setback.
(f)
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.
(a) The adjacent property must be owned by the applicant.
(b) The adjacent property must provide adequate ingress and egress for the proposed use.
(c) The required driveways and parking on the adjacent lot are available during the hours of
operation of the facility.
(d) The required areas are within 200 feet of the building used for adult day care.
(e) 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
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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.
D.
A building may, upon the grant of a conditional use by the Board of Commissioners pursuant to 155141.2, be converted to a mandated emergency services use in any commercial zoning district subject to
the following provisions:
(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.

Projections into the required front yard setback are prohibited unless specifically permitted below.
Projections into the setback shall be subject to the following standards:
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A.
Cornices, eaves, gutters or chimneys may project up to 18 inches into the required setback. Steps and
canopies over entrances may project into the required 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.
B.
An open, roofed porch in the R 5, R 6 and R 6A Zoning Districts may project into the required front yard
setback, subject to compliance with all of the following requirements:
(1) The open porch projection is permitted only if the majority of the houses (other than subsidized
housing) on the same side of the block also project into the required front yard setback.
(2) This subsection shall not apply to subsidized housing uses authorized under 155-50.2.
(3) An open, roofed porch is permitted to project up to 10 feet into the required front yard setback. If
the average front yard setback of all of the houses on the same side of the block is closer to the
street right-of-way than the permitted ten-foot projection authorized above, the open porch may
project up to the average setback of the homes on the same side of the block.
(4) An open, roofed porch erected under this section may not be enclosed.
(5) The minimum setback from the right-of-way for any open porch authorized under this section shall
be five feet.
155-135. Projections and accessory buildings in side yards.

A.
Projections.
(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 columns.
[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:
(a) No part of the equipment is permitted more than four feet from the building.
(b) No part of the equipment is permitted less than four feet from the lot line.
(c) 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.
B.
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
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portion of the principal building, is 15 feet or less in height, and has a building area no larger than 600
square feet.
155-136. Projections and accessory buildings in rear yards.

A.
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:
(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.
B.
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.
155-136.1. One- and two-family detached dwellings on

corner lots.
[Added 7-21-2010 by Ord. No. 3920]
Where the dimensions of a corner lot are such that when front yard, side yard, and rear yard setbacks for the
district are imposed, the resulting area ("net area") on which a building can be located is less than the net
area would be on a conforming intermediate (or non-corner) lot in the same district meeting minimum area
and width standards, the following requirements shall apply:
A.
Side yards. There shall be two side yards, one on each side of the principal building not fronting on a
street. Together the side yards shall meet the minimum and aggregate width requirements for the
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zoning district in which the property is located.

B.
Rear yards. A corner lot with four property lines will have two front yards, two side yards and no rear
yard. A corner lot with more than four property lines will have one or more rear yards along the interior
property line(s) between the two required side yards. The depth of the rear yard(s) shall comply with
the provisions of the zoning district in which the property is located.
155-137. Building height requirements; exceptions.

A.
Residence districts.
[Amended 12-21-2005 by Ord. No. 3762]
(1) One- and 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:
(a) The roof slope must exceed eight units vertical for each 12 units horizontal.
(b) The depth of the front, side and rear yard setbacks for that limited portion of the building
area directly over which the roof creates a building height of between 35 feet 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.
(c) The depth of the front, side and rear yard setbacks for that limited portion of the building
area directly over which the roof creates a building height of between 40 feet 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 exceeds 35 feet in height.
B.
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.
C.
Reduction of building area and impervious surface coverage for buildings, other than one- and twofamily 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

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areas.
A.
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.
B.
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 section.
[Amended 3-15-2006 by Ord. No. 3773]
C.
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. (Reserved)
[1]:
Editor's Note: Former 155-139, Residential outdoor lighting, was repealed 9-19-2012 by Ord. No. 3983. For
current provisions on exterior lighting, see Ch. 10 5, Noise and Exterior Lighting.
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.[1]
[1]:
Editor's Note: Original Section 2516, Attached Dwellings (Row Houses) Prohibited, which immediately
followed this section, was deleted and repealed 5-14-1976 by Ord. No. 1772.
155-141. Certificates of occupancy.

A.
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]
B.
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]
C.
Existing buildings. Nothing in this chapter shall prevent the continuance of the lawful use and occupancy
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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]
D.
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]
E.
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]
F.
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.
G.
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]
[1]:
Editor's Note: For provisions pertaining to the issuance of certificates of occupancy under the Township
Building Code, see Ch. 6 2, Building Construction.
155-141.1. Antennas.
A.
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
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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]
B.
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]
C.
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.
D.
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.
E.
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.
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(3) The Board of Commissioners finds that:

(a) 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.
(b) 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.
(c) 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.
(d) 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 roofmounted 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.

In recognition of the quasi-public nature of wireless communication systems, the following special
regulations shall apply:
A.
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.
B.
Definitions. For the purposes of this section, the definitions in 140-2 shall apply.
C.
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.
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(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]
D.
General standards applicable to all wireless communication facilities.

(1) Height restrictions.
(a) 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.
(b) 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
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or ROW line shall be the largest of the following:

(a) 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]
(b) 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.
(c) These setback provisions shall not apply to Township property.
(d) 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:
(a) 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.
(b) Attached wireless communication facilities shall be screened in a reasonable and achievable
manner.
(c) 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.
(d) Equipment facilities shall, to the extent practicable, use materials, colors and textures that
blend in with the natural setting and built environment.
E.
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.
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(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:
(a) A description of how the applicants' construction plan addresses any adverse impact which
might occur as a result of approving the variance.
(b) A description of off-site or on-site factors which mitigate any adverse impacts which might
occur should the variance be granted.
(c) 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.
(d) 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.
F.
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-fourthmile 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
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interfere with other communications facilities.

G.
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]
A.
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. Such
recommendation may come at any time prior to the close of the public hearing.
[Amended 7-21-2010 by Ord. No. 3921]
(4) The Building and Planning Committee or the entire Board shall hold a public hearing on the
application. Upon completion of the public hearing, the Building and Planning Committee shall
consider the recommendation of the Planning Commission and shall promptly recommend a final
decision to the Board of Commissioners.
[Amended 7-21-2010 by Ord. No. 3921]
(5) The Board of Commissioners may appoint one of its members or an independent attorney to be a
hearing officer to conduct the public hearing and to recommend findings of fact and a decision to
the Building and Planning Committee. If the parties and the Board of Commissioners agree prior
to the presentation of any testimony, the decision of the hearing officer shall be final. Otherwise,
the Building and Planning Committee, after consideration of the Planning Commissions
recommendation, shall promptly recommend a final decision to the Board of Commissioners.
[Amended 7-21-2010 by Ord. No. 3921]
(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.
B.
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
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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.
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.
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.
C.
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:
(a) That his application falls within the provision of this chapter which accords to the applicant
the right to seek a conditional use; and
(b) 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:
(a) Adversely affect the public health, safety and welfare due to changes in traffic conditions,
drainage, air quality, noise levels, natural features of the land, neighborhood property values
and neighborhood aesthetic characteristics.
(b) Be in accordance with the Lower Merion Township Comprehensive Plan.
(c) Provide the required parking required under Article XX or as otherwise provided for in other
applicable provisions of this chapter.
(d) Adversely affect the logical, efficient and economical extension or provision of public services
and facilities such as public water, sewers, refuse collection, police and fire protection and
public schools.
(e) Otherwise adversely affect the public health, safety, 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
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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]
A.
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.
B.
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.

A.
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.
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(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.
B.
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.
C.
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:
(1) The additional five-percent impervious surface shall not be permitted on any lot where a new
principal building has been constructed within the prior 10 years, or, where, during that same
period, an addition has been added to the principal building following the demolition of more than
75% of its building area.
(2) One hundred percent of the direct volume of stormwater 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 dripline of trees greater than 15 inches dbh. Disturbance
of trees between six inches and 15 inches diameter at breast height is prohibited if an alternative
location for the recharge system is feasible. Every tree between six inches and 15 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 cannot 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 stormwater management system required by this section has been inspected
and is functioning as designed.
D.
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.
E.
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
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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 lift.

[Added 5-16-2007 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:
A.
The minimum setback from any street line shall be 100 feet.
B.
The minimum setback from any property line abutting a residentially zoned property used for
residential purposes shall be 20 feet.
C.
A row of trees designed to screen the lift and any supported vehicle shall be installed between the lift
and the street.
D.
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.
E.
The lift may not be raised to a height in excess of 10 feet above grade.
F.
The storage spaced provided on or under a vehicle lift shall not be counted as a parking space required
under this chapter.
G.
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]
[1]:
Editor's Note: Former Article XXVI, Planned Residential Developments, as amended, was repealed 10-181989 by Ord. No. 3165.

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In the interest of the public health, safety and welfare, the provisions of this article are intended to:
A.
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.
B.
Provide for the creation, retention and protection of historic sites and open space areas within the
Township.
C.
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.
D.
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.

A.
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.
B.
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:
A.
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.
B.
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.
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:
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(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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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:
D.
Building separation. Individual structures must have sufficient separation to meet applicable fire
protection codes.
E.
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. No. 3676]
F.
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 subsection, subject to the following conditions:
[Amended 1-19-2005 by Ord. No. 3733]
(1) An existing residence on the tract being developed is listed on the Townships 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.
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(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 proposed 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 proposed 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 is offered in recordable form, subject to the approval of the Township
Solicitor, binding all of the lots in the development to the development limitations of this
subsection 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.
G.
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.
H.
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.
I.
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.
J.
Viewsheds. The applicant shall identify and preserve viewsheds of natural features and cultural
landscapes.
K.
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.

A.
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.
B.
Land designated as preservation area shall conform to the following:
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(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:
(a) Woodland, meadow, wetland, watercourse, wildlife sanctuary or similar conservation-oriented
area.
(b) Park, pedestrian or equestrian trails or outdoor recreation area.
(c) Pasture land, open field or lawn.
(d) 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:
A.
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.
B.
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).
C.
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 subsection
subject to all of the conditions for the grant of conditional use set forth in 155-146F.
[Amended 1-19-2005 by Ord. No. 3733]
D.
Ownership. The following methods may be used, either individually or in combination, to own common
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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.[1] All land and facilities shall be held as "common element."
[1]:
Editor's Note: See 68 Pa.C.S.A. 3101 et seq.
(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:
(a) Any common facilities are accessible to the residents of the Township.
(b) There is no cost of acquisition (other than any costs incidental to the transfer of ownership,
such as title insurance).
(c) 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:
(a) Any common facilities are accessible to the residents of the Township.
(b) There is no cost of easement acquisition (other than any costs incidental to the transfer of
ownership, such as title insurance).
(c) 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:
(a) The organization is acceptable to the Township and is a bona fide conservation organization
with perpetual existence.
(b) 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.
(c) 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:
(a) The organization is acceptable to the Township and is a bona fide conservation organization
with perpetual existence.
(b) 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.
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(c) 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.[2] In addition, the homeowners' association shall be governed
according to the following:
(a) 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.
(b) 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.
(c) Membership in the organization shall be mandatory for all purchasers of dwelling units
therein and their successors and assigns.
(d) The organization shall be responsible for maintenance of and insurance on common facilities.
(e) The members of the organization shall share equitably the costs of maintaining, insuring and
operating common facilities.
(f)
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.
(g) 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.
(h) The organization shall have or hire adequate staff, as necessary, to administer, maintain and
operate common facilities.
[2]:
E.
Editor's Note: See 53 P.S. 10705(f).
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:
(a) Define ownership;
(b) Establish necessary regular and periodic operation and maintenance responsibilities; and
(c) 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
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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]

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:
A.
Promote the general welfare by protecting the integrity of the historic resources of Lower Merion
Township.
B.
Establish a clear and public process by which proposed land use changes affecting historic resources can
be reviewed.
C.
Discourage the unnecessary demolition of historic resources.
D.
Provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
E.
Encourage the conservation of historic settings and landscapes.
F.
Promote retention of historical integrity in the context of proposed land use and/or structural changes.
G.
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.[1] 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.
[1]:
Editor's Note: The Township Zoning Map is on file in the Township offices.
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155-151. Permitted uses.

The following uses and no other shall be permitted in the Historic Resource Overlay District:
A.
Any use permitted in the underlying zoning district in which the property is located.
B.
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 except as authorized under Subsection B(1)(g)
below, 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:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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:
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[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.
(f)
A Class I building in a residential zoning district presently being put to a nonconforming,

nonresidential use may be converted to a multifamily use, provided each dwelling unit shall
have no fewer than 1,250 square feet of occupied area.
[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 multifamily use, provided there exists
between the multifamily 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 multifamily use, provided there exists
between the multifamily use and the nearest adjacent permitted use at least 500 feet.
(g) Conversion of a building where the principal use of the building is being lawfully used for a
religious, club or lodge use into a two-family dwelling or an apartment house in all zoning
districts. If a nonhistoric accessory building also exists on the subject lot, the nonhistoric
building may be converted under this section, provided that the historic resource is subject
to the guarantee referenced in 155-153B(4). Any conversion under this section shall be
subject to compliance with all of the following requirements:
[1] The minimum lot area requirement for the district in which the subject lot is located
shall be provided for each dwelling unit in the proposed converted building. No future
subdivision of the property may reduce the lot area below the minimum requirement. A
covenant shall be recorded to document this restriction.
[a] Where any portion of the lot containing a building to be converted includes a
cemetery, the lot area devoted to the cemetery use shall not be included as part of
this minimum lot area requirement.
[2] The entire historic resource and/or building must be converted to dwelling units. No
partial building conversions shall be permitted under this section. The current edition of
the building code shall be used to determine whether a building is designed and built as
a separate building.
[3] The uses on the subject lot shall comply with the building area and impervious surface
requirements for the district in which the buildings are located. To the degree the lot is
nonconforming to the building area or impervious surface requirements, the existing
and new improvements required to complete the conversion may not result in an
increase in building area or impervious surface beyond the increases permitted in
Articles XXV and XXVIA.
[4] There shall be no external alteration of the converted building except as permitted
below. Any changes to the exterior of the building shall be recommended for approval
by the Historical Commission or the Historical Architectural Review Board for properties
located in a local historic district.
[a] Those necessary for reasons of safety or compliance with the accessibility and
exiting requirements in the International Building Code.
[b] Openings required to accommodate new windows and doors; grade level patios or
wood decks.
[c] Vents or exhausts for mechanical systems.
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[d] Upper floor balconies on the side or rear of the building.

[e] Building additions:
[i]
For buildings with 5,000 or more square feet of total habitable floor area, the
permitted expansion is limited to no greater than 10% of the existing
building's total habitable floor area but in no case exceeding 1,000 square
feet.
[ii] For buildings with less than 5,000 square feet of total habitable floor area, the
building may be expanded by up to 20% of the existing building's total
habitable floor area or 1,000 square feet, whichever is less.
[f] New stairways located to the rear of the building unless required by the building
code to be located on the side of the building.
[g] Open porches up to 300 square feet.
[5] A detached private garage or parking structure is permitted subject to a finding by the
applicable historic advisory board and the Board of Commissioners that the new
construction does not negatively impact the historic resource and the new construction
complies with all applicable Code requirements, subject to compliance with the
following requirements:
[a] A detached private garage shall be located to the rear or side of the existing
building to be converted and each garage is limited to a maximum of two cars and
is no larger than a total of 600 square feet. A detached private garage(s) shall be
subject to the setback requirements in the zoning district but in no case may be
less than 10 feet from the side or rear property line.
[b] A parking structure shall be designed to fit into the topography with as many
parking spaces below grade as possible.
[6] The Board of Commissioners shall specify the maximum number of families and dwelling
units 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 it deem appropriate to achieve the following objectives:
[a] Does not increase the number of dwelling units permitted above the limits set
forth in Subsection B(1)(g)[1] above.
[b] Retains the visual character of the building and the grounds surrounding it as they
were designed and/or as they have traditionally been maintained.
[c] Assures the quiet enjoyment of residents living adjacent to the property and the
quiet enjoyment of those future residents living in the converted building.
[d] Assures that adequate parking is provided for residents of the building and their
guests.
[e] Traffic generated by the proposed use, when combined with the current use, shall
not result in a level of service lower than C for adjacent streets and/or the nearest
intersections thereof, or, if the level of service is already C or below, shall not alter
such level of service. The Director of Building and Planning may 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 Board of Commissioners may impose conditions to mitigate the
adverse impact of traffic generated by the proposed use consistent with the
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requirements set forth above.

[7] If the building is used and occupied as an apartment house, then one of the units must
be and remain occupied as the primary residence of the owner or by a designated agent
of the property owner authorized to accept service of process on the owner's behalf.
[8] A planted buffer shall be required meeting the buffer standards in 155-114D unless a
specific finding is made that the use of adjacent properties will be sufficiently protected
from the impact of the converted building by a lesser buffer, or by no buffer at all;
however, surface parking spaces shall be located a minimum of five feet from any
property line abutting a residential use.
[9] Conversions permitted under this section shall be limited to the building area devoted
to the religious, club or lodge uses existing as of the effective date of this subsection.
[10] All new dumpsters, mechanical equipment and any other similar improvements added to
the exterior of the building or property, whether appurtenant thereto or on the
property where the building is located, shall be visually screened from adjacent
properties by a wall, fence or landscaping.
[11] The required parking shall comply with 155-95 except as noted herein:
[a] Where a residential use is created in accordance with this subsection, then the
existing on-site parking may be shared by both uses, provided that there is at least
one parking space on the lot dedicated for each dwelling unit.
[b] Unrestricted on-street parking for residents along the frontage of the subject lot
may be utilized to meet the minimum parking requirements, provided that at least
one off-street parking space is provided for each dwelling unit and the subject lot is
located outside a local historic district.
[12] All surface parking spaces added to comply with required parking for the conversion shall
be screened from the view of adjacent properties at ground level, to the extent
practicable, by planting a mix of deciduous and evergreen trees and shrubs or a
combination of fencing, walls or plantings.
[13] Noise from mechanical units or other similar mechanical devices shall not exceed the
background noise levels by more than five decibels when measured at the property line.
[14] If the net lot area exceeds five acres, the lot shall comply with the Open Space
Preservation District provisions in Article XXVI.
[15] If there is a cemetery on any portion of the lot where conversion is proposed, then the
cemetery shall be subdivided and located on a separate lot. The applicant shall submit
documents demonstrating compliance with all of the following:
[a] That a cemetery company has been established and a permanent lot care fund has
been created according to law and is being maintained in an amount which will
guarantee the perpetual maintenance of the cemetery in the reasonable opinion of
the Board of Commissioners. In no case may the amount be less than the amount
required by the state for a cemetery company established as of the date of
application.
[b] The applicant shall submit on behalf of the cemetery company a maintenance
program for the lot(s) and structures within it detailing the means by which both
shall be cared for to keep them in neat, orderly and good appearance.
[c] A plan must be submitted documenting the location of the cemetery plots
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occupied and/or sold as of the date the application for conversion is filed. No new or
future cemetery plots may be located closer than 20 feet from any property line.
[d] With respect to the cemetery lot and the adjacent lot(s) on which the converted
buildings are located, adequate provision shall be made for traffic circulation and
parking to accommodate funeral processions.
[e] There shall not be any new curb cuts permitted for providing access to the
cemetery unless it is demonstrated that a new curb cut is needed to improve
circulation for funeral processions or cemetery maintenance.
[16] An historic resource impact study as outlined in 155-153.1 shall be performed and
submitted with the conditional use application.
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.
(a) Professional office, limited to one employee per 500 square feet of gross habitable floor area
devoted to professional office use.
(b) 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.
(c) 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.
(d) Food preparation or catering facility not involving food consumption, employing not more
than three persons on the premises.
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.
(a) 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.
(b) 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.
(c) Artist studio or crafts workshop producing objects which may be sold at retail on the
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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.
(d) 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.
(e) Community center.
[Added 2-20-2002 by Ord. No. 3633]
C.
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:
(a) One additional off-street parking space is required when the home occupation includes one
or more employees.
(b) In R AA, R A, R 1, R 2, R 3, R 4, R 5, R 6 and R 6A Residence Districts, no historic resource home
occupation shall be located within 300 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 Board of Commissioners for a conditional use, 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.
(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]
(a) The accessory apartment can be the only other single-family dwelling unit on the property.
(b) Two off-street parking spaces shall be required for the accessory apartment.
(3) The conversion of a building being lawfully used for a religious, club or lodge use into a two-family
dwelling or an apartment house in all zoning districts. If a nonhistoric accessory building also exists
on the subject lot, then the nonhistoric building may be converted to a two-family dwelling or an
apartment house, provided that the historic resource is subject to the guarantee referenced in
155-153C and the conversion complies with all of the provisions in 155-151B(1)(g).
[Added 1-16-2013 by Ord. No. 3993]
D.
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
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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. and 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.
E.
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]
F.
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 subsection
shall only be applicable to a property or properties held in single ownership as of the effective date of
this subsection, and further subject to the following conditions:
(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
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District.
(7) Off-street parking shall be provided at a rate of 0.6 parking space 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.

[Amended 7-16-2003 by Ord. No. 3684]
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.
A.
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.
B.
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.
C.
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 possible to maintain the historic resource, the Board of Commissioners may, by
conditional use, reduce such requirements to a greater degree than permitted by this section to
protect the historic resource.
155-153. Specific requirements for conditional use approval.

A.
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]
(a) Name and address of the record owner and applicant (if different).
(b) Site plan showing all buildings and structures on the property.
(c) Recent photographs of the historic resource.
(d) A detailed narrative description of the proposed use(s).
(e) Any physical changes proposed for the affected historic resource(s) and their surrounding
landscape.
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(f)
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:
(a) Any property that contains any Class I or Class II Historic Resource(s).
(b) 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 Building and Planning 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.
B.
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:
(a) The exact location of the area in which the work is to be done.
(b) The exterior changes to be made or the exterior character of the structure to be erected.
(c) A list of the surrounding structures with their general exterior characteristics.
(d) The effect of the proposed change upon the general historic and architectural nature of the
property.
(e) The appropriateness of exterior architectural features of structures involved with the
proposed work.
(f)
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.
(g) That rehabilitation work will not destroy the distinguishing qualities or character of the
historic resource and its environment.
(h) In the event that replacement of contributing architectural features is necessary, the new
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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.
(i)
Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.
(j)
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.
(k) 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. 3655]
(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
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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.

A.
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.
B.
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.
(a) If not otherwise provided by the applicant, a site plan, including existing structures,
topography, watercourses, vegetation, landscaping, existing drives, etc.
(b) 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.
(c) Statement of the significance of each Class I or II Historic Resource, both relative to the
Township and region in general.
(d) 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.
(e) Narrative description of the historical development of the subject tract.
(2) Proposed change.
(a) General description and site plan of the project, including time table or phases.
(b) 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.
(c) 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

155-154. Statutory authorization; purpose.

[Added 2-20-2013 by Ord. No. 3995[1]]
The State Legislature of Pennsylvania has in Government Code Section 60.3(a) conferred upon local
governments the authority to adopt regulations designed to promote the public health, safety, and general
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welfare of its citizenry. Therefore, the Board of Commissioners of Lower Merion Township does hereby
adopt the following floodplain management regulations.
[1]:
Editor's Note: This ordinance also renumbered former 155-154 as 155-154 .1.
155-154.1. Legislative intent.

In the interest of the public health, safety and welfare, the provisions of this article are intended:
A.
To protect areas of the Township which are subject to floodwaters and erosion.
B.
To prevent excessive development in areas unfit therefor by reasons of flooding, erosion, unsanitary
conditions and related hazards.
C.
To minimize danger to public health by protecting water supply and natural drainage.
D.
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.
E.
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.
F.
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.
G.
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.
H.
To prohibit nonessential or improper installation of public utilities and public facilities in flood-prone
areas.
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 onehundred-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.
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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.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas
of special flood hazards and the risk premium zones applicable to the community.
[Added 2-20-2013 by Ord. No. 3995]
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood
profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
[Added 2-20-2013 by Ord. No. 3995]
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
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order
to carry and discharge the base flood without cumulatively increasing the water surface elevation more
than one foot.
[Amended 2-20-2013 by Ord. No. 3995]
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]
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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 onehundred-year-flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
[Added 11-20-1996 by Ord. No. 3433]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of
a structure.
[Added 2-20-2013 by Ord. No. 3995]
HISTORIC STRUCTURE
Any structure that is:
[Added 11-20-1996 by Ord. No. 3433]
A.
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;
B.
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;
C.
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
D.
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]
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when attached to the required utilities. The term
includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
[Added 2-20-2013 by Ord. No. 3995]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
[Added 2-20-2013 by Ord. No. 3995]
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]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots
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on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
[Added 2-20-2013 by Ord. No. 3995]
RECREATIONAL VEHICLE
A vehicle which is:
[Added 11-20-1996 by Ord. No. 3433]
A.
Built on a single chassis;
B.
Not more than 400 square feet measured at the largest horizontal projections;
C.
Designated to be self-propelled or permanently towable by a light-duty truck;
D.
Not designed for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is
shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
[Added 2-20-2013 by Ord. No. 3995]
STRUCTURE IN A FLOODPLAIN
Any form or arrangement of building materials involving the necessity of providing proper support,
bracing, tying and anchoring, including a gas or liquid storage tank that is principally above ground, as
well as a manufactured home.
[Added 2-20-2013 by Ord. No. 3995]
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:
A.
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]
B.
Any alteration of an historic structure, provided that the alteration will not preclude the
structure's continued designation as an historic structure.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Existing structures built prior to the date the Floodplain District was enacted that have not been
substantially improved shall not be considered in violation of the floodplain provisions.
[Added 2-20-2013 by Ord. No. 3995]
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A.
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 Building 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.
B.
The Floodplain District shall be deemed an overlay on any zoning district now or hereafter applicable to
any lot.
C.
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:
(a) There are changes in the floodplain data reflecting natural or man-made physical changes; or
(b) 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 Subsection C(2)(a)
through (c) below and shall require a zoning permit from the Zoning Officer. No earth disturbance
or construction work in the modified floodplain area shall proceed until this approval has been
obtained and the zoning permit has been issued. 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
FEMA. Flood map revisions shall be subject to the following requirements:
[Amended 2-20-2013 by Ord. No. 3995]
(a) Technical and/or scientific data shall be submitted by the applicant to the Zoning Officer for
review by the Township Engineer. A flood map amendment shall not go into effect until the
Zoning Officer has received approval from the Township Engineer and has issued a zoning
permit.
(b) Technical and/or scientific data shall also be submitted by the applicant to FEMA for a Letter
of Map Revision (LOMR) as soon as practicable but no later than six months of any new
construction, development, or other activity resulting in changes in the BFE. The situations
when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required are:
[1] Any development that causes a rise in the base flood elevations within the floodway; or
[2] Any development occurring in Zones A1-30 and Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation; or
[3] Alteration or relocation of a stream (including but not limited to installing culverts and
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bridges).
(c) A notice shall be sent to all adjacent property owners, including adjacent property owners
across any street abutting the property, providing notice of the flood map amendment
application and informing adjacent owners where the application can be reviewed. This notice
shall also provide the appeal process if an adjacent owner decides to appeal the zoning
permit.
155-157. Permitted uses.

The following uses and no other shall be permitted in the Floodplain District:
A.
Cultivated, forested and grazing areas according to recognized soil conservation practices.
B.
Outdoor plant nurseries or orchards according to recognized soil conservation practices.
C.
Wildlife sanctuary, woodland preserve or arboretum.
D.
Game farms, fish hatcheries and reserves for the protection and propagation of wildlife, but permitting
no structures.
E.
Forestry, lumbering and reforestation according to recognized natural resources conservation

practices.
F.
Front, side and rear yards for required lot area in any district.
G.
Normal accessory uses (except enclosed by fencing, or otherwise enclosed, freestanding structures)
permitted within residential zones.
H.
Sanitary, storm sewers and utility lines, so long as they are floodproofed.
I.
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.
J.
Outlets for sewage treatment plant effluent with the approval of the Pennsylvania Department of
Environmental Resources.
K.
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.
L.
Parking of recreational vehicles, provided that the following conditions are met in Zones A, A1-30, AH
and AE on the Flood Insurance Rate Map:
[Added 2-20-2013 by Ord. No. 3995]
(1) The recreational vehicle shall be on the site for fewer than 180 consecutive days; or
(2) The recreational vehicle shall be fully licensed and ready for highway use.
155-158. Prohibited uses.

Notwithstanding the rule that any use not permitted is prohibited, for the guidance of the Zoning Hearing
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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:
A.
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.
B.
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:
(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.
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(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.
C.
Sewage treatment plants.
D.
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.
E.
The filling of land in the floodplain and the removal of soil from the floodplain, except in accordance
with 155-160B.
F.
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.
A.
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.
B.
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.
C.
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,
proposed improvements, and the following information:
[Amended 2-20-2013 by Ord. No. 3995]
(1) The proposed lowest floor elevation of any proposed building based upon North American Vertical
Datum of 1988;
(2) The elevation of the base flood; and
(3) Detailed information concerning any proposed floodproofing measures and corresponding
elevations.
D.
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.
E.
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.
F.
The Secretary of the Zoning Hearing Board shall maintain a record of all variance and special exception
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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.
G.
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.
A.
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]
B.
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.
C.
Swimming facilities and tennis courts.

[Amended 4-18-1984 by Ord. No. 2050]
D.
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.
[Amended 4-18-1984 by Ord. No. 2050]
(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
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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]
(7) Where an existing building is being altered or expanded and the alterations or expansion qualifies
as a substantial improvement, the entire building must comply with all of the provisions above.
[Added 2-20-2013 by Ord. No. 3995]
(8) Upon completion of the framing of the first occupied floor level, an as-built certificate verifying
compliance with the provisions above shall be submitted to the Zoning Officer.
[Added 2-20-2013 by Ord. No. 3995]
(9) Hospitals, nursing homes, jails, new mobile home parks, subdivision or substantial additions to
mobile home parks or subdivisions shall also be required to obtain approval from the Department
of Community and Economic Development in accordance with the administrative regulations of
the Pennsylvania Flood Plain Management Act No. 166.[1]
[Added 2-20-2013 by Ord. No. 3995]
[1]:
E.
Editor's Note: See 32 P.S. 679.101 et seq.
On-site disposal systems shall be located to avoid impairment to them, or contamination from them
during flooding, and shall be subject to the approval of the Pennsylvania Department of Environmental
Protection.
[Amended 2-20-2013 by Ord. No. 3995]
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:
A.
Variances shall not be issued within any designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
B.
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.
C.
Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
D.
Variances shall only be issued in conformity with 155-114B, C and D of this chapter.
155-162. Official responsible.

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A.
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.
B.
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.

A.
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.
B.
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[1]
[1]:
Editor's Note: This ordinance also provided for the renumbering of former Art. XXVIII as XXIX, as well as for
renumbering of the sections thereof.

A.
To minimize runoff and soil erosion which is caused by inappropriate development of steep slope land
areas.
B.
To protect the Township from development of steep slopes of land which may cause a subsequent
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expenditure for public works and disaster relief which affects the economic well-being of the Township
and its residents.
C.
To protect residents from property damage and personal injury due to runoff and erosion and landslides
attributable to nearby development on steeply sloping land.
D.
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.
E.
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.[1]
[1]:
Editor's Note: See Ch. 13 5, Subdivision and Land Development.
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=
xIxL
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.[1]
[1]:
Editor's Note: The definition of "impervious surfaces," which immediately followed this definition, was
repealed 10-17-1990 by Ord. No. 3208. Such repeal was reiterated 11-21-1990 by Ord. No. 3212.
155-166. Steep slope regulations.

[Amended 2-18-1981 by Ord. No. 1940]
In every zoning district, the following regulations shall apply:
A.
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]
B.
at least 15% but not more than 25% shall have the minimum lot area increased by a factor of 1.5 and shall
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not have impervious surfaces exceeding 15% of the lot area.

[Amended 11-21-1990 by Ord. No. 3212]
C.
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]
D.
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.
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 2-15-1989 as Ord. No. 2046]
155-167.1. Requirements and standards.

A.
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]
(a) Four and zero-tenths dwelling units per acre in an R-AA, R-A, R-1 or R-2 Residence District.
(b) Six dwelling units per acre in an R 3 and R 4 Residence District.
(c) Eight dwelling units per acre in an R 5 and R 6 Residence District.
(4.1) 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
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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 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]
(5) No lot line of a continuing care facility may be closer than 2,640 feet to the lot line of another such
facility.
(6) 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.
(7) 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 50 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]
(a) The proposed structures are for independent residential living purposes only.
(b) The maximum number of dwelling units in a building may not exceed four.
(c) The proposed structures are less than 30 feet in height as measured at the front of the
building.
(d) 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.
(e) Additional preservation area is designated as compensation area on the CCF property equal in
size to two times the area of which the one-hundred-fifty-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 155148. 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.
(8) 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.
(a) 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.
(b) 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.
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(c) 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.
(d) 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 oneinch 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.
(e) 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 1 1/2 shrubs per tree.
(f)
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.
(g) 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.
(h) 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.
(i)
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.
(9) A lot legally improved with a continuing care facility for the elderly and which thereafter became
nonconforming 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
nonconforming 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]
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(a) 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 fully
recharged, subject to the judgment and approval of the Township Engineer.
(b) The design and location of the recharge system must be approved by the Township Engineer.
The Township Engineer shall require that a percolation test be submitted with the
development application showing percolation rates sufficient to empty the system within 24
hours.
(c) The property owner shall provide to the Township a certification from a qualified engineer
every two years that the stormwater management system required by this section has been
inspected and is functioning as designed.
(d) A covenant running with the land shall be recorded requiring the property owner to maintain
the recharge system at all times so that it will operate as designed.
B.
In districts other than RAA, RA, R1, R2, R3, R4, R5, and R6 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:
A.
The long-range aims and goals pertaining to physical and social development of the Township as
embodied in the Comprehensive Plan.
B.
The integration of the proposed land use with the existing development and existing land use adjacent
to the site.
C.
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.
D.
Additional public services made necessary by the proposed development.
E.
The amount, location and proposed use of permanent open space achieved by the development.
F.
The preservation of trees, groves, waterways, scenic points, historic spots and other community assets
and landmarks.
G.
Accessibility of the site to public transportation.
H.
The proximity of commercial and institutional facilities, including medical facilities for use by the
residents.
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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:
A.
Preserve the natural amenities of the Township.
B.
Encourage landowners to develop their property in such a way as to minimize destruction of existing
trees.
C.
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:
A.
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.
B.
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.
C.
Development plans for wooded lots shall contain information in sufficient detail to assure the Township
that the requirements of this section are met.
D.
The developer or the successor in title shall be responsible for the viability of all trees covered by these
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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]
A.
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]
B.
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.
C.
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,
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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.
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:[1]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[1]:
Editor's Note: For the current Schedule of Fees, see Ch. A 16 7, Fees.
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155-173. (Reserved)
155-174. (Reserved)
Article XXX. Alternative Housing Options for the Elderly

[Added 6-15-1988 by Ord. No. 3097]

In order to promote the general welfare and meet the specialized housing needs of the elderly, the
provisions of this article are intended:
A.
To provide for small-scale housing facilities for elderly persons in residentially zoned districts in the
Township.
B.
To provide housing which will integrate elderly persons into the community as a whole in harmony with
surrounding residential areas.
C.
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:
A.
Each apartment shall be a self-contained unit with separate bath, kitchen and living facilities for no more
than two persons.
B.
At least 1 1/2 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.
C.
The exterior of the building will not be structurally altered to accommodate the conversion.
D.
No part of any apartment unit can be above the second floor of the building.
E.
(Reserved)[1]
[1]:
Editor's Note: Former Subsection E, regarding proximity to other lots used for alternative housing
facilities, was repealed 7-18-1990 by Ord. No. 3199.
F.
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]
G.
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.
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H.
The owners shall apply for and receive an annual permit from the Township.
I.
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.

conversion of a single-family dwelling into two nonprofit housekeeping units, each with its own cooking
facilities, provided that the following criteria are met:
A.
All individuals living in the dwelling are related by blood, marriage or legal adoption.
B.
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]
C.
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.
D.
All provisions of the Lower Merion Township Code, Chapter 62 thereof, entitled "Building
Construction," shall be complied with.
E.
At least 1 1/2 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.
F.
[1]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]
[1]:
Editor's Note: Former Subsection F, regarding proximity to other lots used for alternative housing
facilities, was repealed 7-18-1990 by Ord. No. 3199.
G.
by elderly persons as herein provided, and the dwelling shall revert back to a single-family dwelling.
H.
The owner shall apply for and receive an annual permit from the Township.
I.
One housekeeping unit shall have no less than three times the square footage of occupied space than
the other.
J.
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]
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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:
A.
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.
B.
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.
C.
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 1 1/2 baths shall be
provided for every three residents. Higher ratios are encouraged.
D.
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.
E.
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.
F.
At least 1/2 on-site, off-street parking space shall be provided for every resident of the group shared
residence.
G.
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]
H.
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:
(a) 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
(b) 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.
I.
by elderly persons as herein provided, and the dwelling shall revert to a use permitted in the district in
which it is located.
J.
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
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Board shall further find that the grant of the special exception is not in conflict therewith.
155-179. (Reserved)
Article XXXI. MC Medical Center District

[Added 9-22-2004 by Ord. No. 3718]

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:
A.
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.
B.
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.
C.
To encourage long-range planning for health care facilities due to the unique impact of expansion on
the provision of public services.
D.
To recognize that medical facilities are large-scale developments, dynamic and prone to change.
E.
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.
F.
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.
G.
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.

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

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
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in this article and all other applicable provisions of this chapter.

A.
Medical center.
B.
Hospital.
C.
Medical clinic.
D.
Health clinic.
E.
The following accessory uses when associated with or in support of the primary health care mission of
one of the above medical facilities:
(1) Medical and administrative offices.
(2) Medical laboratory.
(3) Special medical treatment facility.
(4) Patient hostel.
(5) Hospital staff dormitory.
(6) Employee day-care center.
(7) Ambulance service.
(8) Parking.
155-183. Area, width and bulk regulations.

A.
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.
B.
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%.
C.
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.
D.
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%.
E.
Open space.
(1) 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
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district and subject to a common covenant together contains no less than 50% open space.
(2) Land designated as common open space in the Medical Center District shall conform to the
following:
(a) No more than 50% of the common open space shall be comprised of designated flood hazard
districts or slopes in excess of 25%.
(b) 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.
(c) 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.
(d) The common open space may be used for the following:
[1] Woodland, meadow, wetland, watercourse or similar conservation-oriented area.
[2] Park, pedestrian trails, or outdoor recreation area.
[3] Stormwater management facilities, open field or lawn.
(e) Common open space shall not include streets, driveways, and off-street parking areas.
155-184. Height regulations and density limitations; setback

requirements.
A.
The maximum building height shall be 105 feet.
B.
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.

A.
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.
B.
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:
(1) 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
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by a barrier or gate the design of which shall be subject to the approval of the Board of
Commissioners.
(2) 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.
(3) 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.
C.
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:
(1) 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.
(2) 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.
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.
B.
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.
C.
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)
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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. BMMD Bryn Mawr Medical District

[Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; amended in its entirety 5-10-2006 by Ord.
No. 3777[1]]
[1]:
Editor's Note: This ordinance repealed and replaced Ord. No. 3742, adopted 5-11-2005, and Ord. No. 3753,
adopted 9-21-2005.

A.
To recognize the need to provide for the special requirements of health care and related uses in Lower
Merion Township and surrounding communities.
B.
To provide for the logical, orderly and appropriate expansion and development of health care and
related uses to meet the long-term health care needs of the community.
C.
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 155-194.
D.
To encourage long-range planning for health care facilities due to the unique impact of expansion on
the provision of public services.
E.
To recognize that medical facilities are large-scale, dynamic developments.
F.
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 155-194.
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G.
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 155-194.

To implement these stated objectives, the BMMD - 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
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.
A.
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 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.
B.
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 20% of the floor area of any building.
(8) Employee day care.
(9) Upper story residential uses above another permitted use.
(10) Parking facility.
(11) Single-family detached dwelling.
(12) Single-family semidetached dwelling.
(13) Townhouse.
C.
The following uses are permitted in the BMMD-3 District.
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(1) Any use permitted in the BMMD-2 District, excluding upper story residential uses.
(2) Single-family detached dwelling.
(3) Single-family semidetached dwelling.
(4) Townhouse.
D.
Accessory uses are permitted on the same lot that are customary and incidental to any of the
permitted uses within the BMMD District, including surface, above ground or below ground parking
structures.
155-192. Area, width and bulk regulations.

A.
Setback requirements.
(1) Tracts designated BMMD-1. Portions of buildings up to 65 feet in height shall be set back at least
30 feet from the street right-of-way. Portions of buildings located 30 feet to less than 120 feet
from the right-of-way shall be no taller than 65 feet in height. Portions of buildings higher than 65
feet shall be set back an additional one foot for each additional foot of height as measured from
the building setback up to the maximum one-hundred-and-forty-foot height limit.
(2) Tracts designated BMMD-2. To maintain a strong sense of streetscape and encourage pedestrian
activity, buildings permitted under 155-191B are encouraged to be located close to the street
right-of-way line, except as provided for below.
(a) Minimum 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.
[1] When a permitted nonresidential use or aboveground parking structure in the BMMD
District is across the street from a residential use in a residential zoning district, the
minimum front yard setback in the BMMD District shall be 50 feet.
[2] When a permitted residential use in the BMMD District is across the street from a
residential use in a residential zoning district, the minimum front yard setback in the
BMMD District shall be 10 feet.
(b) Maximum front yards. The maximum front yard setback shall be 12 feet unless the BMMD
District property is across the street from a residential use in a residential zoning district, in
which case the minimum front yard requirements set forth above shall apply.
(3) Tracts designated BMMD-3.
(a) Minimum 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.
[1] When a permitted nonresidential use or aboveground parking structure in the BMMD
District is across the street from a residential use in a residential zoning district, the
minimum front yard setback in the BMMD District shall be 50 feet.
[2] When a permitted residential use in the BMMD District is across the street from a
residential use in a residential zoning district, the minimum front yard setback in the
BMMD District shall be 10 feet.
(4) Tracts designated BMMD-2 and BMMD-3
(a) The primary pedestrian access point to nonresidential buildings shall face onto the street
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right-of-way, rather than onto rear or side parking lots or alleys. Secondary accesspoints may
be located along other facades.
(b) 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.
(c) Building separation. If new or expanded structures are not connected by a common wall, the
buildings shall be separated by a minimum of 10 feet.
(d) Side yards. There is no required minimum side yard setback except as follows:
[1] A nonresidential use permitted under 155-191B shall provide a minimum side yard
setback of 25 feet where it abuts a single-family detached residential use.
[2] A use permitted under 155-191B(11), B(12) or B(13) shall comply with the side yard
setback requirements that would be applicable pursuant to Article XI (R6 Residence
District) of this chapter.
(e) Rear yards. There is no required minimum rear yard setback except as follows:
[1] A nonresidential use permitted under 155-191B shall provide a minimum rear yard set
back of 25 feet where it abuts a single-family detached residential use.
[2] A use permitted under 155-191 B(11), B(12) or B(13) shall provide a twenty-five-foot
rear yard.
B.
Covered areas for patient dropoff and pickup at medical uses permitted by 155-191A, B and C are not
considered part of the building for setback and coverage purposes.
C.
Enclosed pedestrian bridges connecting medical uses permitted by 155-192A 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.
D.
Impervious surface.
(1) The area of each lot that may be covered with impervious surfaces shall be limited to the
following:
(a) BMMD-1: not more than 80% of the lot area.
(b) BMMD-2 and BMMD-3: not more than 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 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.
E.
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 140 feet, subject to the setback
requirements of 155-192A(1). The maximum height of a building in the BMMD-2 and BMMD-3
Districts shall be 60 feet.
(2) The provisions of 155-137 (setbacks, impervious cover and building area) hereof shall not apply to
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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 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 rooftop equipment housing, provided that they do not exceed 18 feet in height or
occupy more than 40% of the roof area.
(5) The maximum height of any building at the right-of-way line shall not exceed three stories or 45
feet, unless there is a minimum of 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-ofway line shall not exceed four stories or 60 feet. Portions of the building exceeding these limits
shall be set back a minimum of 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:
(a) Portions of the proposed building located more than 25 feet but less than 40 feet from the
residential property line shall be no taller than 35 feet in height.
(b) Portions of the proposed building located more than 40 feet but less than 60 feet from the
residential property line shall be no taller than 45 feet in height.
(c) Portions of the proposed building located more than 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 50 feet. If the townhouse building is not serving
as the buffer described above, the maximum height shall be 45 feet.
F.
Floor area ratio. The floor area ratio (FAR) in the BMMD-1 Zone shall not exceed 2.2. For uses permitted
by 155-191B, the FAR in the BMMD-2 Zone shall not exceed two and the FAR in the BMMD-3 Zone
shall not exceed 0.85%.
G.
Building area. Not more than 60% of the area of each lot in the BMMD-1 Zone may be occupied by
buildings. Not more than 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.
H.
Buffer regulations.
(1) In all BMMD Districts, a use permitted under 155-191A and B shall maintain a twenty-five-footwide landscape buffer along the side and rear property lines abutting a property devoted to singlefamily detached residential use. A use permitted under 155-191B(13) shall maintain a twentyfoot-wide landscape buffer along the side and rear property lines abutting a property devoted to
single-family detached residential use. The width of the landscape buffer required by this
paragraph may be reduced to no less than five feet if a solid fence or wall eight feet in height is
erected within the buffer area no less than five feet from the property line. In addition, the
following regulations shall apply:
(a) In a BMMD-2, where a street separates a nonresidential use within the District from a
residential use in a residential zoning district, a six-foot-wide buffer shall be provided between
any building and the street. This buffer shall be in addition to required street trees. This area
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shall be planted with a combination of accent low-level plants such as shrubs, perennials,
ornamental grasses, and ground covers located in groupings and may include a wall. Plantings
shall not obstruct a pedestrians 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.
(b) In a BMMD-3, where a street separates a nonresidential use within the District from a
residential use in a residential zoning district, a landscape buffer shall be provided along the
street line for a depth of 150 feet. In lieu of a landscape buffer, such area may be developed
with a permitted residential use.
(c) Any lot which becomes vacant through the removal of a structure for any reason other than
during the land development approval process or construction of a new facility must be
screened from all abutting public streets by planting street trees and providing a six-footwide landscaped area with a continuous row of two-foot-high shrubs.
I.
Density requirements. A minimum lot area of 1,250 square feet is required for each dwelling unit. When
a lot contains both residential and nonresidential uses, the residential density shall be based on the total
lot area that contains both uses.
155-193. Parking and street access requirements.

A.
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 off-street parking space shall be provided per 600 square feet of
gross habitable floor area.
(2) Medical clinic and health clinic: One off-street parking space shall be provided per 300 square feet
of gross habitable floor area.
(3) Medical office building: One off-street parking space shall be provided per 300 square feet of gross
(4) Medical laboratory: One off-street parking space shall be provided per 600 square feet of gross
(5) Special medical treatment facility: One off-street parking space shall be provided per 400 square
feet of gross habitable floor area.
(6) Patient hostel: One off-street parking space per guest room and one parking space per employee
of the largest shift.
(7) Hospital staff dormitory: One off-street parking space per student or employee.
(8) Day-care center: One off-street parking space per faculty/staff member or volunteer. The day-care
center shall have one queuing space dedicated to dropoff-pickup for every 10 participants in the
day-care center.
(9) Changing an existing nonresidential use to another use or uses permitted in the BMMD does not
require additional parking, provided that:
(a) The existing structure will be a mixed-use building;
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(b) The new use requires a maximum of 15 additional parking spaces above what the existing use
currently requires; and
(c) Any exterior changes to the building comply with the District development design standards.
B.
Location of required parking.

(1) Required parking spaces for any use located within the BMMD may be located either on the lot, or
on any lot within the District. Required parking is also permitted off site, outside the BMMD,
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 1,000 feet.
(2) Surface parking lots and loading areas shall be placed between a structure and a rear lot line
whenever possible.
(a) On a corner lot, if surface parking and loading cannot be behind a structure or otherwise
screened from view as described in 155-194C(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.
C.
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
pedestrianway by planting street trees and providing a six-foot-wide landscaped area with a
continuous row of two-feet-high shrubs, or a fence or wall.
pedestrianway shall be pedestrian-oriented and scaled and designed to relate to adjacent active
commercial facades.
D.
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.
E.
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.
F.
Bicycle parking. Convenient bicycle facilities shall be provided as follows:

(1) All parking facilities containing between 10 and 50 parking spaces shall provide at least four bicycle
parking spaces.
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(2) All parking facilities containing more than 50 parking spaces shall provide one bicycle parking space
for each 20 automobile parking spaces in excess of the first 50 spaces in the facility. Not more than
20 bicycle parking stalls shall be required for any one facility.
(3) Bicycle parking facilities shall be so located as to be safe from motor vehicle traffic and secure from
theft.
G.
Loading.
located adjacent to residential uses and residential zoning districts. If these areas are located
adjacent to residential uses/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.
(2) Buildings and structures, excluding parking structures, must provide adequate area for
loading/unloading.
H.
The required parking for nonresidential uses permitted under 155-191A 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.

A.
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 pedestrianoriented in design. For such buildings and parking structures, entrances should be oriented toward
the streets, sidewalks and public accessways. Requirements for orientation and primary entrances
for such buildings are intended to:
(a) Provide for convenient, direct, and accessible pedestrian access to and from public sidewalks,
transit facilities, residential and commercial uses;
(b) 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
(c) Promote use of pedestrian and mass transit modes of transportation to access residential and
nonresidential 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,[1] 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.
[1]:
Editor's Note: See Ch. 13 5, Subdivision and Land Development.
(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.
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(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.
B.
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:
(a) Buildings shall be designed with public access points and signage facing the street and
sidewalk.
(b) The facade treatment of walls facing residential uses or residential zoning districts shall be
similar to the primary front facade along the pedestrian-oriented street.
(2) Primary building entrances shall be articulated and visible from the street.
(a) Building entrances shall incorporate arcades, roofs, porches, alcoves, awnings or other similar
devices that protect pedestrians from the sun and rain.
(b) 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 150 feet or more of new building facade is
constructed along the primary front facade, an accessway or some method of access shall be
provided to reach available shared parking facilities located on the same lot.
C.
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.
(a) 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.
(b) All buildings shall articulate the line between the ground and upper levels with a cornice,
canopy, balcony, arcade, material change or other visual device.
(c) The massing of all buildings shall be deemphasized in a variety of ways, including but not
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limited to the use of projecting and recessed elements such as porches, windows, roof
dormers, mullion articulation, and facade 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.
(d) Any walls with less than 25% of clear windows shall be articulated by any of the following:
[1] Details in masonry courses.
[2] The provision of blank window openings trimmed with frames, sills and lintels.
[3] Variations in materials.
[4] Projections and/or recesses.
[5] Landscaping elements where setbacks are required.
(e) For uses permitted under 155-192B and C, second story and above of primary front facades
shall contain a minimum of 50% of the horizontal width of the facade 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.
(f)
Buildings shall he topped with either pitched roofs with overhanging eaves or flat roofs with
articulated parapets and cornices.
(g) Pitched roof material may include slate (either natural or man-made), shingle (either wood or
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.
(h) 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.
(i)
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.
(j)
Mechanical and other rooftop equipment shall be screened with a wall or other barrier that is
consistent with the architectural design standards in this article.
(k) 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 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. This
section shall not apply to sound levels associated with construction noise or emergency
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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.
(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:
(a) Be constructed of brick, concrete, concrete pavers, stamped colored concrete or integral
colored concrete with brick borders.
(b) Be constructed of consistent materials within a block.
(c) Have a minimum unobstructed width of six feet.
(d) Create a completely linked network of walkways connecting transit stops, commercial
centers, institutional facilities and residential uses including parks and other open space areas.
(e) Not be used for exterior storage.
155-195. Landscaping.
A.
Landscaping for the Bryn Mawr Medical District shall be provided in accordance with 101-7, 101-8,
101-9A(2), 101-9B(2) and (3), 101-9C through F, 101-10 and 101-11. Section 101-9A(1)5 shall apply to
adjoining residential uses on residential zoned properties only.
B.
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- to three-and-one-half-inch caliper when planted and shall be
spaced at intervals no greater than 40 feet along the public/pedestrian right-of-way.
(4) Street tree species are to be selected from those provided in Chapter A177.
(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.
155-196. (Reserved)
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155-197. (Reserved)
155-198. (Reserved)
155-199. (Reserved)
Article XXXIII. ROHO Rock Hill Overlay District

[Added 5-24-2006 by Ord. No. 3782]
155-200. Purpose and applicability.

A.
General purpose. The ROHO Rock Hill Overlay District 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:
(1) 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;
(2) Encourage location-efficient, pedestrian-oriented design and development consistent with high
standards of architecture and design;
(3) Support new development that includes a diverse mix of pedestrian-compatible, higher density
residential and nonresidential uses, expand economic development opportunities and minimize
distances between destinations by requiring linked pedestrianways and pedestrian-oriented
access;
(4) 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;
(5) Maintain a scale, balance and variety of residential, nonresidential and recreational uses;
(6) 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;
(7) 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;
(8) Promote the smooth and safe flow of vehicular traffic through the corridor while reducing cutthrough traffic in the neighboring residential districts;
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(9) Protect existing natural features, including Gully Run Creek, a direct tributary to the Schuylkill
River which runs through the corridor;
(10) Encourage subsurface parking in non-floodplain areas, and shared parking;
(11) Promote the increase and attractiveness of landscaped areas; and
(12) Connect the ROHO to the Township's park system and developing waterfront open spaces,
including pedestrian trails along the Schuylkill River.
B.
Applicability.
(1) The provisions of this article shall be deemed an overlay on all lots which are located within the
ROHO District, the boundaries of which are described as follows:
(a) That portion of all properties having frontage on Rock Hill Road between Conshohocken State
Road and Belmont Avenue, and having frontage on Belmont Avenue between the Schuylkill
River and Rock Hill Road, which are zoned in the CL, C1, C2 and/or CO Commercial Zoning
District on the effective date of this article.
(2) The regulations, requirements and restrictions set forth in this article are mandatory and
subdivision/land development applications within the overlay district shall comply with the
requirements of this article in lieu of those applicable to the underlying zoning district, unless
application of the underlying district's regulations is approved by conditional use pursuant to 155141.2A. Conditional use may be granted only if the applicant proves compliance with the standards
and criteria set forth in 155-141.2B and C, and if the Board of Commissioners determines that the
applicant has achieved the ROHO development goals and standards set forth in 155-200 and
155-205 above.
(3) The development design standards in 155-205 apply to all parcels in the ROHO, including, but not
limited to those which are approved by conditional use for development pursuant to the standards
applicable to the underlying commercial district.
155-201. Use provisions.

A building may be erected or used and a lot may be used or occupied for one or more of the uses set forth
below:
A.
Residential uses.
(1) Townhouses.
(2) Apartment houses, which shall include condominiums.
(3) Upper story residential uses above nonresidential uses.
(4) Live/work units for artisans.
(5) Live/work units for professionals and service providers, provided the work area does not exceed
50% of the floor area of the dwelling unit.
(6) Accessory uses on the same lot with, and customarily incidental to, any of the above permitted
uses, including aboveground or below-ground parking structures, but specifically excluding offtrack betting parlors, slot parlors and other gaming uses.
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excluding off-track betting parlors, slot parlors and gaming uses.

B.
Nonresidential/commercial uses.
(1) Adult or child day care.
(2) Nursery school or similar nonresidential use for more than six children.
(3) Bank or other financial institution, excluding a drive-through facility.
(4) Professional offices, office building.
(5) Medical clinic building.
(6) Restaurant, including walk-up windows, but excluding a drive-through facility.
(7) Bakery, confectionery or custom shop for the production of articles to be sold at retail on the
premises.
(8) Copy center and job printing operating on a retail sales level.
(9) Retail store with an area on each retail story equal to or less than 15,000 square feet, excluding
drive-through windows.
(10) Personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking, fitness
center or similar type use.
(11) Grocery store.
(12) Hand laundry, dry-cleaning or dyeing establishment operating on a retail sales level.
(13) Hotel.
(14) Theater.
(15) Indoor recreational facilities such as roller and skating rinks, skateboard park and playground
(16) Coffee house or convenience store, without a gasoline station.
(17) Municipal use.
(18) Commercial parking facility that uses pedestrian-oriented design and is at pedestrian scale.
(19) Accessory use on the same lot with, and customarily incidental to, any of the above permitted
uses, including aboveground or below-ground parking structures, but specifically excluding offtrack betting parlors and slot parlors.
excluding off-track betting parlors and slot parlors.
C.
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 155-201B(6) through
(16) above.
(1) 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.
(2) This requirement shall not apply to any development with a lot width less than 41 feet.
(3) Where it can be demonstrated that the minimum depth of 50 feet cannot be provided due to the
limited depth of the lot, the Board of Commissioners may, by conditional use, permit a retail depth
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less than 50 feet.

(4) 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 gradelevel slab to top of slab of the first floor above grade to accommodate proposed or future retail
uses.[1]
[1]:
Editors Note: Former 155-201.1, Mixed-use, standards, added 12-12-2007 by Ord. No. 3833, which
immediately followed this section, was repealed 4-30-2008 by Ord. No. 3850.
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 commercial lot area shall be occupied by buildings.
C.
Floor area ratio. The floor area ratio (FAR) shall be calculated using the net commercial lot area and
shall be a maximum of 1.20. FAR may be increased as set forth in 155-204 hereof.
D.
Building setbacks:
(1) Front yards. The front yard setback in this overlay district shall be measured from the curbline
directly in front of the property.
(a) Where the distance from the right-of-way line to the closest slopes exceeding 25% is equal to
or less than 100 feet, the minimum front yard setback is 20 feet, or the street right-of-way
line, whichever is farther from the curbline.
(b) Where the distance from the right-of-way line to the closest slopes exceeding 25% is greater
than 100 feet, the minimum front yard setback is 30 feet.
(2) Side yards. The minimum side yard setback is 15 feet for each side yard.
(3) Rear yards. Depending on the proposed use and subject to the buffer requirements set forth in
155-202G below, all parcels shall provide the following minimum rear yard setback.
(a) There is no required minimum rear yard setback where the rear property line of a parcel
abuts another commercially zoned parcel.
(b) Where the rear property line of a parcel abuts a residentially zoned parcel, the rear yard
setback is 25 feet.
E.
Impervious cover. Impervious cover is limited to 80% of the net commercial lot area. Impervious cover
may be increased as set forth in 155-204 hereof.
F.
Building height:
(1) The provisions of 155-137 (setbacks, impervious cover and building area) hereof shall not apply to
structures developed in accordance with this article.
(2) The minimum height of any building shall be 24 feet above grade.
(3) Building height shall include any portion of the structure or equipment that projects above the
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roofline.
(4) 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 155-204 hereof.
(a) 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:
(1) Where a parcel on the south side of Rock Hill Road abuts a residential use in a residential zoning
district, there shall be a twenty-foot buffer area, as defined in 155-4B, along the district boundary
line within the ROHO.
(2) 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 two feet.
H.
Pedestrianways. 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.
(1) At-grade, above- or below-ground parking and loading facilities shall be permitted.
(2) 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.
(3) 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.
(4) Parking and exterior loading areas shall be screened from any adjacent pedestrianway by planting
shade trees and providing a six-foot-wide landscaped area with a continuous row of two-foot-high
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 to three feet.
pedestrianway shall be pedestrian-oriented and -scaled, and shall comply with the development
design standards in 155-205.
(6) Ground level parking beneath buildings shall be permitted, provided the primary front facade
complies with the development design standards in 155-205.
(7) Any facade 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.[1]
[1]:
Editor's Note: Table 1 is included at the end of this chapter.
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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.[2]
(1) First, determine the number of parking spaces required for each individual use within the mixeduse structure by using the single-use peak hour demand values in Table 1.[3] That number serves as
the base for calculating the percentages of peak demand for key times.
[3]:
(2) 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.
(3) 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.
(4) The required number of parking spaces for the development is the highest total hour figure for
the mixed-use development.
[2]:
D.
Editor's Note: Table 1 is included at the end of this chapter. A mixed-use building example is included
in Table 2 at the end of this chapter.
Off-site parking.
(1) 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.[4]
(a) 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.
[4]:
(2) Code required parking for mixed-use structures may be provided off site, provided:
(a) 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.
(b) 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;
(c) Both the mixed-use structure and the parking facility comply with the ROHO development
design standards set forth in 155-205;
(d) 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
(e) If adequate on-site parking is not available, the parking requirements for the nonresidential
portion of the building may be met by designating public parking spaces in a public parking lot
within 900 feet of the proposed use. Each such public parking space may only be counted
once when this parking provision is utilized.
(3) Code required parking for single-use structures may be provided off site when:
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(a) The development parcel is less than 8,000 square feet and improved street frontage is less
than 40 feet;
(b) 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;
(c) 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;
(d) Both the single-use structure and the parking facility comply with the ROHO development
design standards in 155-205; and
(e) 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:

(1) 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.
(2) 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.
(3) 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.
(1) Areas used for loading or trash receptacle purposes shall be located in the rear of, or inside, the
buildings.
(2) 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. Required parking spaces for dwelling units may be reduced to 1.2 spaces per unit,
subject to compliance with the following reserve parking requirements:
[Added 4-30-2008 by Ord. No. 3850
(1) The area designated for reserve parking shall not be paved but must be shown on the approved
site plan.
(2) All parking spaces to be held in reserve shall be limited to grade-level parking only.
(3) The applicant must demonstrate that the reduced number of parking spaces will be adequate to
provide sufficient parking for the uses on the property.
(4) 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

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determination.
All buildings in the ROHO shall be eligible for increases in FAR, height, and impervious coverage, calculated
by using the net commercial lot area, as more fully set forth in this section.
A.
Shared driveways. If an application for development provides a shared driveway with an adjacent
property that results in fewer curb cuts, then:
[Amended 4-30-2008 by Ord. No. 3850]
(1) FAR may be increased to 1.30.
(2) 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.
B.
Parking. If an application provides that no parking spaces can be seen from a street, and that all required
parking spaces that are at surface level are within a building and to the rear of surface level floor space
used and occupied for a use permitted hereunder, then:
[Amended 4-30-2008 by Ord. No. 3850]
(1) FAR may be increased to 1.30.
(2) 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; and
(3) Impervious coverage may be increased to up to 90%.
C.
Multiple factors. If an application provides for a combination of more than one of the increases
permitted under Subsections A and B above, then, by conditional use, the Board of Commissioners may
authorize the following:
[Amended 4-30-2008 by Ord. No. 3850]
(1) FAR may be increased up to 1.60.
(2) Height may be increased by up to 24 feet but no greater than 70 feet.
D.
Issues of general applicability to increases in density, height and impervious coverage.

(1) The amount of the density increase, height increase and impervious coverage increase shall be
noted on the plan and recorded in the Montgomery County Recorders office in the book
containing deeds.
(2) 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:
(a) Eighty feet above grade; or
(b) Five feet below the topmost 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.

A.
Purpose. The purpose of this section is to require pedestrian-oriented buildings and to require building
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entrances to be oriented toward the streets and pedestrianways. Windows must facilitate views into
and out of buildings. Requirements for orientation and primary entrances are intended to:
(1) Provide for convenient, direct, and accessible pedestrian access to and from pedestrianways and
residential and commercial uses;
(2) Provide a safe, pleasant and enjoyable pedestrian experience by providing designated corridors
designed for pedestrian use while limiting pedestrian/vehicle conflicts; and
(3) Promote walking and biking as viable modes of transportation to access residential and
nonresidential facilities.
B.
Building orientation and primary entrance. General standards. All buildings shall comply with the
following standards:
(1) Buildings shall be designed with window space, public access points and signage facing the street
and sidewalk.
(2) The facade treatment of walls visible to residential uses or residential zoning districts shall be
similar to the primary front facade along the pedestrian-oriented street.
(3) All buildings shall provide clear windows along the ground floor of the primary front facades.
(4) Primary building entrances shall be articulated and visible from the street.
(a) Building entrances shall incorporate arcades, roofs, porches, alcoves and/or awnings that
protect pedestrians from the sun and rain.
(b) 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.
(5) 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.
(6) 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.
(7) When one or more lot(s) is redeveloped such that 150 feet or more of new building facade is
constructed along the primary front facade, an additional accessway connecting to an accessible
building entrance for each 75 feet of new building facade shall be provided perpendicular to the
street.
(8) 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 facades.
(9) 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.
(1) All buildings shall comply with the following:
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(a) All rooftop equipment, including antennas, shall be screened visually and acoustically. Such
screening shall be integral to the architectural design of the building.
(b) The massing of all buildings shall be deemphasized 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 humanscaled development.
(c) A minimum of 70% of the primary front facade of the ground floor of any space used for
nonresidential purposes shall be clear windows and clear doors.
(d) If less than 25% of any wall of a nonresidential building is composed of windows, the wall shall
be articulated by two or more of the following:
[2] The provision of blank window openings trimmed with frames, sills and lintels;
[3] If the building is occupied by a retail use, recessed or projecting display window cases;
(e) A minimum of 50% of the area of the second floor of primary front facades shall be windows.
(f)
No reflective glass shall be permitted. Tinted windows shall allow a minimum of 85% light
penetration into the building.
(g) Flat roofs must have articulated parapets and cornices.

(h) Pitched roof material may include slate (either natural or man-made), shingle (either wood or
materials. Specifically prohibited are white, tan or blue shingles, and corrugated plastic or
corrugated metal.
(i)
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 4-30-2008 by Ord. No. 3850]
[1] All forms of conventional concrete block shall be prohibited, unless authorized by the
Board of Commissioners under Subsection C(2) below in locations that cannot be seen
from adjacent properties.
[2] Exterior insulation and finishing system (e.g., drivit) shall be limited to a maximum of
50% of any single facade, subject to approval by the Board of Commissioners under
155-205C(2) below.
(2) 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.
(3) Pedestrianways that are intended to connect one property to another shall:
(a) Have a minimum unobstructed width of 10 feet.
(b) Be separated from the curbline by a minimum ten-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 pedestrianway on an adjacent
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property. In accordance with 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 pedestrianway 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 pedestrianway can be connected to the complying
pedestrianway on the adjacent parcel.
(c) Contribute to completely linked network of pedestrianways connecting residential and
nonresidential uses.
(d) Not be used for exterior storage.
(e) 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.
(1) 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.
(2) Pedestrian-scaled signage, which may include projecting signs or wall signs:
(a) No portions of a sign or its supports are to be higher than 12 inches below the bottom of
second-story windows.
(b) Projecting signs on a single property shall not be placed within 50 feet of each other. There
shall be no more than one projecting sign per storefront.
(c) A clear space of not less than eight feet shall be provided below all parts of projecting signs.
(d) Be affixed to a building facade, canopy or arcade and shall not obstruct upper story windows
or openings in any way.
(e) Projecting and wall signs shall not be internally illuminated.
(f)
Projecting signs shall not project more than five feet from the building and shall not project
closer than 35 feet to the curbline.
(g) Freestanding signage:

(h) No more than one freestanding sign shall be permitted for each property's street frontage.
(i)
Freestanding signs, other than existing signs or replacement signs of like kind which were
required to be removed as the result of road reconfiguration, shall not be internally lit.
(j)
The maximum height of a freestanding sign, including monument signs, shall be five feet
above grade.
(3) General standards for all signs:

(a) The total sign area for a lot shall be a maximum of 1.0 square foot of signage for each linear
foot of building frontage.
[Amended 3-20-2013 by Ord. No. 3997]
(b) No single sign shall exceed a maximum of 50 square feet.
[Amended 3-20-2013 by Ord. No. 3997]
(c) All signs shall have applied, carved or painted letters no larger than 24 inches in height for
signs located 30 or less feet above grade.
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[Amended 3-20-2013 by Ord. No. 3997]

(d) All signs shall extend no closer than 1/2 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.
(e) 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.
(f)
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.
(g) 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.
(h) Only traditional canvas awnings without interior illumination shall be permitted.
(i)
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.
(4) Signage shall not reduce visual permeability of street facing windows to less than 85%.
(5) Portable signs are prohibited.
(6) Temporary window graphics shall not exceed 10% of the window surface, provided the standard
set herein for visual permeability is met.
(7) 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.

(1) Awnings and canopies shall be made of fire-resistant canvas and may not be backlit.
(2) The furthest extension of a ground floor awning and/or canopy shall be no less than three feet and
no more that seven feet.
(3) Ground floor awnings and canopies shall terminate no less than 18 inches below the second floor
windowsills.
(4) Ground floor awning and canopy height shall not exceed 15 feet above pavement and shall be
below the cornice or frieze.
(5) Awnings shall have side flaps.
(6) Business logos or emblems are permitted on the top or angled 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.
(1) 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.
(2) 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.
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(4) Tree species are to be selected according to the following criteria:

(a) Cast moderate to dense shade in the summer;
(b) Survive more than 60 years;
(c) Mature height of at least 50 feet;
(d) Street trees shall be deciduous, branching above six feet to facilitate viewing storefronts and
signage;
(e) Tolerant of pollution and direct or reflected heat;
(f)
Require little maintenance by being mechanically strong (not brittle) and insect and disease
resistant;
(g) Be able to survive two years with no irrigation after establishment; and
(h) Be of native origin, provided they meet the above criteria.
155-206. Steep slope provisions.

[Amended 10-18-2006 by Ord. No. 3793]
A.
Section 155-166 shall not apply within the ROHO.
B.
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.
155-207. through 155-209. (Reserved)
Article XXXIV. Bryn Mawr Village District

[Added 6-19-2008 by Ord. No. 3855]
155-210. Purpose; division into four districts.

A.
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:
(1) Encourage economic development while maintaining the traditional main street environment.
(2) Protect existing residential neighborhoods.
(3) Establish a walkable community by promoting pedestrian-oriented streets and pedestrian-scaled
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buildings.
(4) Encourage lively, human-scaled activities within a mix of residential, commercial, cultural and other
uses separately or in the same building.
(5) Ensure a vibrant street life by encouraging active ground floor retail, and discouraging certain uses
on Bryn Mawr and Lancaster Avenues.
(6) Promote the reuse of existing structures in a manner that maintains the historic and visual
character architecture and building scale of the neighborhood.
(7) Reduce auto dependency by promoting transit ridership, bicycling and walking.
(8) Accommodate parking in a convenient and unobtrusive manner and encourage shared parking,
where possible.
(9) Promote residential uses in upper stories.
(10) Concentrate commercial uses on the ground level of mixed-use buildings.
B.
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 for BMV2 Village District.

In the BMV2 Village District, the following regulations shall apply.
A.
Use restrictions in the BMV2 Village District. The following uses are permitted in this district:
[Amended 3-20-2013 by Ord. No. 3998]
(1) Apartment house.
(2) Townhouse buildings.
(3) Structured parking facilities.
155-11S(5). A student home use in the Bryn Mawr Village District shall also be subject to a
separation requirement of 500 feet from another student home use in any zoning district.
B.
Conditional uses.
(1) The following uses are permitted by conditional use in the BMV2 Village District:
(a) Office.
(b) Accredited or certified education institution.
(2) A conditional use may only be granted if the following criteria are met:
(a) 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.
(b) Building area. Not more than 40% of the area of each lot may be occupied by buildings.
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(c) 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.
(d) 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.
(e) Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet.
(f)
Buffer area. Where a property abuts a residence district, there shall be a buffer area along
the district boundary line within the BMV2 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
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.
(g) Impervious surfaces. Not more than 70% of the area of each lot may be covered with
impervious surfaces.
(h) The height of any building shall not exceed 38 feet.
C.
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 for BMV1, BMV3 and BMV4 Village

Districts.
In the BMV1, BMV3 and BMV4 Village Districts, the following regulations shall apply.
A.
The following uses are permitted on grade level and upper level floors:
(1) 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.
(2) 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.
(3) Galleries and museums.
(4) Theater, including motion pictures and live performances.
(5) Inn and bed-and-breakfast.
(6) Hotels.
(7) Rail transit facilities.
[Amended 12-3-2008 by Ord. No. 3870]
(8) Public gathering space, park, and plaza.
(9) Farmers market.
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(10) Personal services shop, such as tailor, barber, salon, shoemaker, dressmaker, dry cleaner (excluding
on-site cleaning operations), but not including a check cashing store.
(11) Parking structure, municipal or commercial.
(12) Municipal office.
(13) Accessory uses on the same lot with and customarily incidental to any of the above permitted uses,
including parking structures, fitness centers and day-care centers but specifically excluding offtrack betting parlors, slot parlors and other gaming uses.
B.
The following residential uses are permitted on upper floors of buildings fronting on Lancaster Avenue
and Bryn Mawr Avenue and on any floor elsewhere:
[Amended 3-20-2013 by Ord. No. 3998]
(1) Single-family detached and semidetached dwellings.
(2) Townhouses or townhouse building.
(3) Apartment houses which shall include condominiums.
(4) Apartment(s) above nonresidential uses.
(5) 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.
(6) Reserved for affordable housing
(7) Home or continuing care facility for the elderly.
(8) Sanatorium, nursing home and convalescent home.
155-11S(5). A student home use in the Bryn Mawr Village District shall also be subject to a
separation requirement of 500 feet from another student home use in any zoning district.
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:
(1) Business offices, such as real estate sales, travel agency, advertising, hospital administrative office,
and other offices of a similar nature.
(2) Professional office, such as medical office, law, engineering, architecture, or accounting.
(3) Teaching facility.
(4) Research facility.
(5) Day-care center, including adult day care and employee day care.
(6) Bank or loan institution without drive-through facilities.
(7) Dance, music, personal fitness training, or art studios.
D.
The uses permitted in Subsection C above shall also be permitted on grade level without being subject
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to the separation requirements when they are limited only to portions of the building more than 50
feet from the Lancaster Avenue or Bryn Mawr Avenue right-of-way.
E.
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:
(1) Government offices.
(2) Funeral homes.
(3) Religious institution and accessory uses affiliated with a religious institution.
155-213. Dimensional standards for development.

The following development standards shall apply within all Bryn Mawr Village Districts.
A.
Build-to line.
(1) The build-to line shall be the street right-of-way.
[Amended 3-20-2013 by Ord. No. 3998]
(a) However, where the right-of-way is closer than 10 feet from the curbline, the build-to line
shall be a minimum of 10 feet to 15 feet from the curbline.
(b) On Lancaster and Bryn Mawr Avenues, the build-to line shall be a minimum of 12 feet to 15
feet from the curbline, unless the construction is an expansion of an existing building which is
less than 12 feet from the curbline. In such case the expansion may continue the build-to line
established by the existing building, but in no case shall the expansion be less than 10 feet
from the curbline.
[Amended 9-17-2014 by Ord. No. 4031]
(c) This subsection shall not apply to a parking structure in the BMV2 District.
(2) 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.
[Amended 3-20-2013 by Ord. No. 3998]
(3) 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.
(4) 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 dropoff area in front of its primary entrance.
(5) Any portion of a new building or addition to an existing building above three stories or 38 feet
above grade must be stepped back from the build-to line a minimum of 10 feet.
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.
(1) In the BMV1 Village District the permitted impervious surface is 90%. The impervious coverage
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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.
(2) 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.
(3) In the BMV3 and BMV4 Village Districts the permitted impervious surface is 100%, subject to
compliance with the greening standards, and 70% if the greening standards are not complied with.
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 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 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.
F.
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 limit of 13,000 square feet
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.
G.
Building 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.
H.
Floor area ratio. The floor area ratio limits shall be as listed in Table 3 below.
I.
Height and density.
Requirement
Minimum height
Street wall height
(maximum)
Total height
(maximum)
Stepback (minimum)
FAR (maximum)
J.
Table 3
Height and Density Chart
BMV1
BMV2
2 stories
2 stories
(26 feet)
(26 feet)
3 stories
3 stories
(38 feet)
(38 feet)
4 stories
3 stories
(50 feet)
(38 feet)
10 feet
--2.1
1.6
BMV3
2 stories
(26 feet)
3 stories
(38 feet)
3 stories
(38 feet)
--1.6
BMV4
2 stories
(26 feet)
3 stories
(38 feet)
3 stories
(38 feet)
--1.6
Buffer area.
(1) 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 Bryn Mawr Village
District, as set forth below:
(a) Where the district boundary line abuts a residential use in a residential zoning district, the
depth of the buffer shall be at least 20 feet.
(b) Where the district boundary line is the center of a street or at a street line, there shall be a
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planted landscape area along the curbline. Other than the required street trees, the
plantings shall not exceed 30 inches in height.
(c) Where the district boundary line is a railroad right-of-way, the depth of the buffer area may
be reduced to 15 feet from the railroad right-of-way. When part of a land development
application, the Board of Commissioners may by conditional use authorize a further reduction
in the buffer area, provided that the following standards are met:
[Amended 9-17-2014 by Ord. No. 4031]
[1] The applicant shall establish by credible evidence that the average elevation of the
proposed development site within 15 feet of the railroad right-of-way is at least seven
feet higher than the elevation of the railroad tracks.
[2] The applicant shall establish by credible evidence that the residential structures on the
opposite side of the railroad right-of-way in the area where the proposed buffer area is
being reduced shall be no closer than 75 feet from said right-of-way.
[3] The applicant shall establish by credible evidence that the development utilizes the
maximum available shared parking spaces provided by 155-214D and/or E.
[4] The applicant shall establish by credible evidence that the views from and to adjacent
properties, including views of and from the rail line, are visually screened by a lesser
buffer area or alternative technique, such as the installation of a vegetative/topiary
fence, wall or other appropriate design element. The applicant for the conditional use
shall have the burden of demonstrating that approval of the conditional use is consistent
with and promotes the relevant purposes of 155-210 of this article and that the buffer
reduction will not adversely affect the public health, safety and welfare specifically with
respect to drainage, light, noise, air quality, natural features of the land, and
neighborhood aesthetic characteristics.
(d) 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.
(e) There may not be more than one vehicular entrance and one vehicular exit through the
buffer area to any street.
(f)
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-foot-wide
landscaped area with a continuous row of two-foot-high shrubs.
(2) 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.
K.
Height and density increases.

(1) The 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:
(a) Reserved for affordable or workforce housing.
(b) 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.
(c) Underground parking. If at least 15% of the required parking is below grade, the FAR may be
increased by up to 0.2.
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(d) Green roof. If a building is constructed with a green roof, the FAR may be increased by up to
0.2.
(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:
(a) 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 article.
(b) A parking structure may not front on or gain access from Lancaster Avenue or Bryn Mawr
Avenue.
(c) 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 75 feet of a residentially zoned property.
(d) The maximum height of any building wrapping the parking structure shall be four stories or
50 feet, whichever is lower, with a 15 foot stepback above any portion of the building over 38
feet, if the building is more than 75 feet from a residentially zoned property.
(3) 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
District
Requirement
BMV1
BMV2
BMV3
BMV4
Minimum height
2 stories
2 stories
2 stories
2 stories
(26 feet)
(26 feet)
(26 feet)
(26 feet)
Street wall height
3 stories
3 stories
3 stories
3 stories
(maximum)
(38 feet)
(38 feet)
(38 feet)
(38 feet)
Total height (maximum)
5 stories
3 stories
4 stories*
3 stories
(62 feet)
(38 feet)
(50 feet)
(38 feet)
Stepback (minimum)
15 feet
--10 feet**
---FAR (maximum)
2.5
1.6
2.0
2.0
NOTES:
*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 155-213K(2).
**A fifteen-foot stepback is required for a building authorized under 155-213K(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.
(1) Additional parking in the Bryn Mawr Village District is not required for an expansion to existing
buildings if the expansion complies with Bryn Mawr Village District regulations and the building is
on a lot smaller than 3,000 square feet.
(2) Changing a nonresidential 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:
(a) The new use requires not more than 15 additional parking spaces above that required by the
existing use; and
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(b) Any exterior changes to the building comply with the development design standards in 155215.
(3) All other single and mixed-use developments in the Village District must provide parking spaces
according to the following ratios:
(a) Single-family dwelling unit: 1.5 spaces per unit.
(b) Single-family dwelling units exceeding two bedrooms: 2.0 spaces per unit.
(c) Student home single-family dwelling unit: 3.0 spaces per unit. Student home units shall not
be permitted to utilize any of the off-site parking provisions in Subsections D and E below.
(d) Affordable or workforce housing, each single-family dwelling unit: 1.0 space per unit.
(e) Continuing care facility for the elderly, each single-family dwelling unit: 1.0 space per unit.
(f)
Commercial (retail, restaurant, office, etc.): 4 spaces per 1,000 square feet.
(g) Hotel: 1 space per room.

(h) 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.
B.
(i)
Fitness center: 5 spaces per 1,000 square feet.
(j)
All other uses: 4 spaces per 1,000 square feet of floor area.
Surface parking.
(1) Vehicular access to surface parking shall be from an alley or side street where possible.
(2) Surface parking and exterior loading areas shall be placed between the structure and rear lot line
and shall comply with the following standards:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
C.
Parking structures.
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(1) Except in BMV2 District, a parking structure shall be:

(a) Placed underground; or
(b) The facade facing a street shall be wrapped with other permitted uses, such as retail or
residential.
(2) In all Bryn Mawr Village Districts a parking structure shall comply with the following:
(a) Sloping floors and bare slabs shall not be visible from any public street except at access points;
and
(b) Vehicular access to parking garages shall be from side streets or alleys wherever possible.
(3) 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.
D.
Off-site and shared parking.

(1) Parking requirements may be met using off-site parking, subject to the following requirements:
(a) On-street parking spaces directly in front of the building may be counted to comply with the
required parking.
(b) All off-site required parking shall be located within 1,000 feet of the proposed building.
(c) The applicant shall demonstrate that they have entered into a perpetual agreement with the
property owner providing the required parking spaces.
(d) The applicant shall demonstrate that the off-site parking spaces are not required parking for
another building.
(2) Shared use of parking spaces for a building containing both residential and nonresidential uses shall
be permitted using the peak demand calculations listed in Table 5 as follows:[1]
(a) First, calculate the minimum amount of parking required for each land use as if it were a
separate use.
(b) 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.
(c) Calculate the column total for each time period.
(d) The column (time period) with the highest value shall be the minimum parking requirement.
[1]:
E.
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 of 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 subsection shall not apply to parking required for a student home use.
[Amended 7-20-2011 by Ord. No. 3948]
F.
Service parking and loading.
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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.
(2) 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.

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 pedestrianoriented 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:
(1) New buildings should complement the pattern of existing landmark structures and have a building
fabric that relates to their site and surroundings.
(2) Buildings should respond at street level to a pedestrian scale.
(3) Emphasis should be provided at prominent locations to buildings:
(a) With prominent facades that terminate view corridors; or
(b) Whose corners are at gateway locations; or
(c) That either surround or are surrounded by open space.
(4) New and existing development should have a consistent character.
(5) Active ground floor uses should have multiple entrances and distinctive entrance treatments.
(6) Texture and variety should be provided through facade articulation and composition.
(7) Architectural expression should be provided in windows, doors, walls, and roofs.
(8) Pedestrian pathways should be provided that are safe and attractive.
(9) Street trees and shade trees should be employed to enhance development.
B.
Facade articulation. Facade 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:
(1) The main facade of buildings shall be designed to emphasize entryways, windows, corners, and
vertical elements of the building facade, as well as other special features.
(2) The depth of the articulated elements shall fall within a range of two to five feet.
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C.
Facade composition. Facade 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 facades 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 facade 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.
D.
Ground floor facade. 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.
(a) On retail, restaurants, and office buildings, windows must be at street level and allow
pedestrians to see the activity inside the building.
(b) On residential buildings with units at the ground level, windows are allowed to permit privacy
by raising them half a level above the sidewalk.
(4) When a building facade 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.
E.
Architectural elements.
(1) 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.
(2) All new, renovated or expanded nonresidential/commercial buildings shall comply with the
following standards:
(a) Windows and doors: primary front facade.
[1] The ground floor of the primary front facade 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 facade must occur
in a ratio of at least 3:1 between openings and solid surfaces.
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[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]
[a] Where the primary front facade of an existing building is being renovated, the wallto-window ratio along the horizontal width of the facade must be within a range of
1:1 to 2.5:1.
[b] If the wall-to-window ratio in an existing building is currently less than 2.5:1, the
existing wall-to-window ratio shall be maintained.
[5] Individual windows in upper stories of the primary front facade(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 Bryn Mawr Village
District, with commercial uses having large, clear window displays:
[a] The maximum sill height above the adjacent sidewalk elevation shall be two feet or
lower;
[b] Window heads shall be nine feet to 12 feet above sidewalk level;
[c] The top of the display window(s) in the primary front facade shall be at least as high
as door height.
(b) Windows and doors: secondary facades. Any building wall with less than 25% of clear windows
shall be articulated by two or more of the following methods:
[2] Blank window openings trimmed with frames, sills and lintels;
[3] Where the building is occupied by a commercial use, recessed or projecting window
cases.
(c) 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.
(d) 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.
[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 155-215E(3) below.
[2] All forms of conventional unfinished concrete block shall be prohibited, except on walls
not visible from any public way.
(e) All buildings shall articulate the line between the ground and upper levels with a cornice,
(f)
The massing of all buildings shall be deemphasized through the use of projecting and
recessed elements, such as porches, windows, and roof dormers to reduce overall bulk and
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volume, enhance visual quality and contribute to human-scale development. Such breaks in
facades and rooflines shall occur not more frequently than the width of two Bryn Mawr
Village District shop fronts (generally about 25 feet each) nor less frequently than 100 feet.
(g) Roofs.
[1] The tops of buildings must express the roofline 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.
[2] Pitched roofs shall have a minimum slope of 4:12.
[3] Pitched roof material may include:
[a] Slate, either natural or manmade; or
[b] Shingle, either wood or asphalt composition; or
[c] Metal formed to resemble standing seams or other similar materials.
[4] Corrugated plastic or metal roofs are specifically prohibited.
[5] 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.
(3) 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.
Article XXXV. City Avenue District

[Added 12-14-2011 by Ord. No. 3961; amended 4-25-2012 by Ord. No. 3971 [1]]
[1]:
Editor's Note: This ordinance also provided that it takes effect 4-30-2012.
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.
A.
The intent of this article is to encourage development that combines residential, institutional, and
commercial uses in close proximity thus decreasing auto dependency, encouraging pedestrian access,
transit use and shared parking and accessways, and mitigating the effects of congestion, vehicular traffic
and pollution. The regulations promote pedestrian friendly development 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 growth, attractiveness, convenience
and stability of the City Avenue area.
B.
The City Avenue corridor binds the uses within the City Avenue District into a unique configuration
with many common development characteristics. However, because of the diverse concentration of
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commercial, institutional, office and residential uses within the districts geographical boundaries, the
City Avenue District is being divided into three separate zoning districts, the Regional Center Area
(RCA), the Bala Cynwyd Retail District (BCR), and the Bala Village (BV).
[Amended 9-17-2014 by Ord. No. 4029]
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.
A.
Purpose and applicability.

(1) General goals and objectives. The City Avenue District Regional Center Area (RCA) is intended to
encourage higher-density, multiple-use, pedestrian-oriented development, and more
economically productive use of land parcels in the vicinity of City Avenue (U.S. Route 1) (as shown
on Map 1). It recognizes the importance of City Avenue as both a gateway and as an economic
generator for Lower Merion Township by permitting higher densities with a mix of land uses while
providing sufficient off-street parking.
(2) These general goals and objectives include the following specific purposes:
(a) Enable the development of a mix of commercial, institutional and residential uses.
(b) Minimize pedestrian and vehicular conflicts and encourage the renovation and erection of
buildings that provide direct connections from buildings to the street and sidewalk.
(c) Discourage the dependence on automobile use by promoting alternate modes of
transportation, including buses and trains, improving connections and links to public transit
and creating safe and inviting pedestrian accessways, thereby reducing traffic congestion.
(d) Create transition in bulk and scale between higher-density development and existing
residential neighborhoods.
(e) Enhance the visual character and identity of the district through building mass, scale and
design, landscaping and signage, all appropriate to the goals and objectives of the RCA zoning.
(f)
Promote the smooth and safe flow of vehicular traffic through the corridor while reducing
cut-through traffic in the neighboring residential districts by creating pedestrian-scaled
blocks, separated by public access streets with sidewalks.
(g) Encourage the development of shared parking, wrapped structure parking, underground
structure parking, and attractive and convenient off-street parking facilities to reduce onstreet congestion and facilitate vehicular and pedestrian circulation.
(h) Promote the creation and maintenance of landscaped open areas among buildings for public
gathering space.
(i)
Protect the character and quality of existing residential neighborhoods proximate to the RCA.
(3) Applicability.
(a) The Regional Center Area regulations set forth in this section apply to all lots within the area
of the RCA set forth on the Zoning Map appended (Map 1).
(b) Boundary tolerances: The provisions of 155-8 shall not apply in the Regional Center Area.
(c) Any new or expanded building shall comply with the standards in the RCA except as provided
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in this article.
(d) Any building that is rehabilitated (where such rehabilitation is equal to or exceeds 50% of the
existing area of the building on the effective date of this article) shall comply with the
development design standards, except as noted below.
[1] The standards provided in 155-217F(4)(b)[2] through [4] shall not apply when the
building is located further than 40 feet from the curbline. However, the existing
percentage of openings on each floor shall not be decreased.
Map 1 Regional Center Area

B.
Use regulations. A building or group of buildings may be erected or used and a lot may be used or
occupied only for the purposes listed below.
(1) Residential uses.
(a) Townhouse building(s).
(b) Apartment house.
(c) Accessory uses on the same lot with and customarily incidental to any of the above-permitted
uses.
(d) Any residential use of the same general character as any of the uses hereinbefore specifically
permitted.
(2) Nonresidential uses.
(a) Retail store, excluding a drive-through facility.
(b) Hotels, or bed-and-breakfast.
(c) Indoor entertainment facilities, up to 35,000 square feet, provided that this use is located a
minimum of 800 feet from a lot with a residential use in a residential zoning district.
(d) Indoor family entertainment center, up to a maximum of 35,000 square feet, subject to the
following separation requirements:
[1] Facilities up to 15,000 square feet in size shall be located a minimum of 400 feet from a
lot in a residential zoning district and from a lot with an existing residential use as of the
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effective date of this article. This distance shall be increased to 800 feet where alcoholic
beverages are served on the premises.
[2] Facilities larger than 15,000 square feet, but no greater than the maximum 35,000
square feet, shall be located a minimum of 800 feet from a lot in a residential zoning
district and from a lot with an existing residential use as of the effective date of this
article.
(e) Indoor recreational facilities. The following specific uses shall be subject to the separation
requirements listed in Subsection B(2)(e)[1] below: athletic fields, skating rinks, and bowling
alleys.
[1] The above-mentioned indoor recreational facilities shall be located a minimum of 400
feet from a lot in a residential zoning district and from a lot with an existing residential
use as of the effective date of this article. This distance shall be increased to 800 feet
where alcoholic beverages are served on the premises.
(f)
Restaurants, excluding a drive-through facility.
(g) Bakery, confectionery or custom shop for the production of articles to be sold at retail on the
premises, excluding a drive-through facility.
(h) Personal service shop, including tailor, barber, laundry, dry cleaning (excluding on-site
cleaning operations), beauty salon, shoe repair or similar type use, excluding a drive-through
facility.
(i)
Bank or other financial institution, excluding a drive-through facility.
(j)
Transit facilities.
(k) Business service facilities, including copy centers and job printing operating on a retail sales
level, excluding a drive-through facility.
(l)
Real estate sales and travel agency.
(m) Apartment hotel.

(n) Business and professional office.
(o) Nursery school or similar nonresidential use for more than six children.
(p) Educational uses.
(q) Radio or television studio and broadcasting station.
(r) Research facility.
(s) Cultural studios.
(t) Health clinics.
(u) Accessory uses on the same lot with and customarily incidental to any of the above-permitted
uses, including aboveground or below-ground parking structures and excluding drive-through
facilities.
(v) Any use of the same general character as any of the uses herein before specifically permitted,
but specifically excluding off-track betting parlors, slot parlors and other gaming uses.
(w) No entertainment use permitted under Subsection B(2)(c) or (d) above shall be permitted
if any other use listed in those subsections is located within 500 feet, measured by the
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shortest distance between the lot on which the proposed use will be located and the lot or
lots which contain the existing use.
(3) Mixed-use building.
(a) Uses permitted on the ground floor in a mixed-use building shall be limited to those listed in
155-217B(2)(a) through (k) listed above.
(b) Any use permitted in 155-217B(1) or (2) above shall be permitted on upper floors of a
mixed-use building.
(4) Multiple-use development. A multiple-use development for purposes of this district shall be
defined as an integrated, complementary development of two or more buildings on one or more
lots, provided that the lots are adjacent to and abut one another. The multiple-use development
can be phased, and shall include residential and nonresidential uses as listed under Subsection B(1)
and (2). No single use shall occupy more than 80% of the total gross floor area of the buildings on
the subject lot(s).
[Amended 9-17-2014 by Ord. No. 4030]
(5) Only residential uses are permitted within 100 feet of the curbline for the portions of properties
fronting on Righters Ferry Road located within 500 feet of Belmont Avenue. A use permitted
under this section shall also be subject to the fifty-foot setback regulation in 155-217C(2)(a)[3].
(6) Residential uses are not permitted on the ground floor of buildings facing City Avenue.
C.
Dimensional standards.
(1) Building area. The building area shall be limited as follows:
(a) Single-use buildings. The building area is limited to 50% of the net lot area.
(b) Mixed-use buildings or multiple-use development. The building area is limited to 60% of the
net lot area.
(2) Build-to line.
(a) The primary front facade of a building in the RCA shall be set back from the curbline a
distance sufficient to create a landscaped or hardscaped verge adjacent to the curb and a
pedestrianway as required in 155-217F(5)(e). The area between the pedestrianway and the
building shall be improved with landscaping or hardscaping. A safe and direct pedestrian
access shall be provided from the pedestrianway to the building entrance.
[1] A primary front facade facing City Avenue shall be located a minimum of 25 feet, and a
maximum of 40 feet from the curbline (Figure 1).
[2] Primary front facades facing streets other than City Avenue shall be located a minimum
of 20 feet and a maximum of 30 feet from the curbline (Figure 2) except as listed in
Subsection C(2)(a)[3] below.
[3] No structure shall be permitted within the first 50 feet of the curbline on those portions
of properties fronting on Righters Ferry Road located within 500 feet of Belmont
Avenue.
[4] No structure shall be permitted within the first 150 feet of the curbline on those
portions of parcels fronting on Belmont Avenue between St. Asaphs Road and Righters
Ferry Road. Paved access/egress driveways, other than one providing access to Belmont
Avenue, shall not be permitted.
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Figure 1 Build-to-Line for Facades Facing City Avenue
Figure 2 Build-to-Line for Facades Facing Streets Other than City Avenue
(b) The build-to-line shall be measured from the curbline shown on the approved development
plan.
(c) The primary pedestrian access point to buildings shall be located on one or more primary
front facades, rather than on the rear or side of the building unless approved by the Board of
Commissioners, by conditional use. Secondary access points may be located along other
facades. In addition to the conditional use standards in 155-141.2, the following standards
shall apply if the primary pedestrian access point is not located along the primary front
facade:
[1] The applicant must demonstrate that the primary pedestrian access point to the
buildings may not feasibly be located along the primary front facade.
[2] The primary pedestrian access point shall be accessible by a public walkway connected to
the pedestrianway.
[3] The primary pedestrian access door(s) shall meet the minimum glazing requirements
set forth in the architectural design standards.
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(d) Parking lots, driveways, loading/unloading zones and other auto-related areas are prohibited
in front of the building. Such access driveways shall not pass in front of the building, except as
noted below:
[1] The primary pickup and dropoff area for hotel guests.
[2] Transit facilities, limited to passenger waiting areas and pickup and dropoff areas.
(e) Any portion of a new building above three stories or 45 feet above grade shall be set back
from the build-to line a minimum of 10 feet.
(f)
The build-to line may be extended as follows:

[1] Up to 20 feet further from the curbline if the additional area is used for outdoor dining.
[2] Up to 20 feet further from the curbline where a public gathering space is provided
between the build-to line and the building entrance, subject to compliance with 155217E(1).
(g) Exceptions to the build-to-line setback requirement.

[1] The build-to-line requirement shall not apply to additions to an existing building where
the addition is up to 10,000 square feet in total area or 10% of the total floor area,
whichever is greater.
[2] The build-to-line requirement shall not apply where a greater setback is required in this
article.
(3) Side yards.
(a) Minimum. Where a shared party wall exists with the adjoining property, there shall be no
required side yard setback. Where a shared party wall does not exist, the minimum side yard
setback shall be 10 feet.
(b) For a lot immediately contiguous to a residential use in a residential zoning district, the side
yard abutting the residential use shall be a minimum of 25 feet.
(4) Rear yards.
(a) Where a shared party wall exists with the adjoining property, there shall be no required rear
yard setback. Where a shared party wall does not exist, the minimum rear yard setback shall
be 10 feet.
(b) When a new, expanded or redeveloped building is on a lot that backs up to a residentially
zoned lot, then the rear yard setback is 50 feet. The lot must also comply with the minimum
buffer requirements.
(5) Lot width.
(a) There is no minimum lot width.
(b) The maximum lot width is 600 feet.
(c) Where additional development is proposed on an existing lot wider than 600 feet, new minor
streets shall be constructed to conform to the requirements for a maximum frontage of 600
feet between intersections with public or private access streets. This requirement shall apply
to all new buildings and additions to an existing building that exceed 10,000 square feet in
total area or exceed 10% or more of the floor area, whichever is greater.
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(d) This requirement shall not apply when the applicant can demonstrate that the creation of a
new street would result in an unsafe traffic condition, subject to confirmation by the
Township Engineer or Traffic Safety Division of the Lower Merion Township Police. In this
instance, the lot width requirement may be extended and the roadway may be moved to a
location where a new street can comply with all current safety standards.
(e) Where lots front on more than one street, the maximum lot dimension of 600 feet applies to
all street frontages.
(f)
The land area required to provide new public or private streets to comply with the lot width
provisions may continue to be counted as lot area, provided that the new streets include
public on-street parking on both sides of the street.
(6) Impervious surface. The impervious surface shall be limited as follows:

(a) Single-use buildings. The impervious surface is limited to 60% of the net lot area.
(b) Mixed-use buildings or multiple-use developments. The impervious surface is limited to 70%
of the net lot area.
(c) A lot or lots nonconforming to the impervious surface provisions in this article shall be subject
to the following:
[1] Any building, more than 75% of the floor area of which has been damaged or destroyed
by fire or other natural cause, may be replaced. When the floor area of the new building
exceeds the floor area which existed prior to the damage by more than 10%, the lot shall
comply with the impervious surface requirements in this article.
[2] Any land development application to expand the floor area of an existing building on a
lot(s) by more than 10% above the floor area that existed as of the effective date of this
zoning district shall be required to bring the lot into compliance with the impervious
surface requirements in this article.
(d) Pervious areas created by this section shall be consolidated whenever possible and shall
connect to areas developed for public multipurpose trails, pedestrianways, public gathering
spaces and plazas.
(7) Greening standards. The greening standards set forth in Chapter 135, Subdivision and Land
Development, at 135-41.4 shall apply.
(8) Building height.
(a) The minimum height of any building shall be two stories and no less than 28 feet above grade.
The second story floor area shall be equal to or greater than 75% of the grade level building
area.
(b) The maximum height of any building within the RCA shall be as shown on Map 2 and as further
described below. The provisions of 155-137B(1) through (3) shall apply to the portion of any
property abutting a residential use in a residential zoning district.
[1] The maximum height of that portion of a building located between 50 feet and 100 feet
of the curbline of Righters Ferry Road between Belmont Avenue and Monument Road
shall be 45 feet.
[2] The maximum height of that portion of a building located between 100 feet and 150
feet of the curbline of Righters Ferry Road between Belmont Avenue and Monument
Road shall be 65 feet.
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[3] The maximum height of that portion of a building located between 150 feet and 250
feet of the curbline of Belmont Avenue between St. Asaphs Road and Righters Ferry
Road shall be 120 feet.
(c) The maximum height of a building within the district boundary within the general area
bounded by the Norfolk Southern railroad, Glenn Road, Presidential Boulevard, St. Asaphs
Road, including properties fronting on Kings Grant Road, and City Avenue, as identified on
Map 2 shall be 200 feet.
(d) Penthouses. A penthouse shall not be included in measuring the height of a building if it is set
back a minimum of 20 feet from the exterior walls and occupies less than 50% of the floor
area of the story immediately below.
Map 2 Building Heights

(9) Floor area ratio (FAR).
(a) Subject to the following sentence, the FAR in the RCA, in the area south of St. Asaphs Road, as
shown on Map 3, shall not exceed 0.6 (60% of lot area) for single-use buildings and 0.7 (70%
of lot area) for mixed-use buildings or multiple-use developments. Total FAR with density
increases as set forth in 155-217E hereof may not exceed FAR 1.75 (175% of lot area). Floor
area of aboveground or below-ground parking structures are not included in FAR calculations.
(b) Subject to the following sentence, the FAR in the RCA in the area north of St. Asaphs Road, as
shown on Map 3, shall not exceed 0.6 (60% of lot area) for single-use buildings and 0.7 (70%
of lot area) for mixed-use buildings or multiple-use developments. Total FAR with density
increases as set forth in 155-217E may not exceed FAR 1.5 (150% of lot area), except where a
1.75 FAR is shown on Map 3. Floor area of aboveground or below-ground parking structures
are not included in FAR calculations.
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Map 3 Floor Area Ratio

(10) Building height and spacing.
(a) Each portion of a building that does not exceed 30 feet in height:
[1] Shall be separated from any portion of another building less than or equal to 30 feet in
height a minimum distance of 30 feet.
[2] The maximum diagonal dimension of that portion of the building shall be 420 feet.
(b) For each portion of a building taller than 30 feet in height, but not taller than 45 feet in
height:
[1] That portion of the building shall be separated from any portion of another building as
follows (Figure 3):
[a] For the nearest portion of the other building that is not taller than 45 feet, a
separation of 30 feet shall be maintained.
[b] For the nearest portion of the other building that is taller than 45 feet but less than
or equal to 65 feet, the separation distance shall be the average of the sum of the
height of each of the two relevant portions of the two buildings, but in no case less
than 40 feet.
[c] For the nearest portion of the other building that is taller than 65 feet in height but
less than or equal to 120 feet, the separation distance shall be the average of the
sum of the height of each of the two relevant portions of the two buildings, but in
no case less than 60 feet.
[d] For the nearest portion of the other building that is taller than 120 feet, the
separation distance shall be the average of the sum of the height of each of the two
relevant portions of the two buildings, but in no case less than 75 feet.
[2] The maximum diagonal dimension of the building footprint shall be 420 feet (Figure 3).
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Figure 3 Height, Bulk and Spacing for Buildings 45' High

(c) For each portion of a building that is taller than 45 feet, but no greater than 65 feet in height:
[1] The portion of the building shall be separated from any portion of another building as
follows (Figure 4):
[a] For the nearest portion of the other building that is no taller than 45 feet, a
separation of 30 feet shall be maintained.
[b] For the nearest portion of the other building that is taller than 45 feet, but less
than or equal to 65 feet, the separation distance shall be the average of the sum of
the height of each of the two relevant portions of the two buildings, but in no case
less than 40 feet.
[c] For the nearest portion of the other building that is taller than 65 feet, but less
less than 60 feet.
[d] For the nearest portion of the other building that is taller than 120 feet, the
[2] The maximum diagonal dimension of this portion of the building footprint shall be 375
feet (Figure 4).
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Figure 4 Height, Bulk and Spacing for Buildings 65' High

(d) For each portion of a building that is taller than 65 feet, but not taller than 120 feet:
follows (Figure 5):
[a] For the nearest portion of the other building that is taller than 65 feet, but less
less than 60 feet.
[b] For the nearest portion of the other building that is taller than 120 feet, the
feet.
Figure 5 Height, Bulk and Spacing for Buildings 65' to 120' High
(e) For each portion of a building taller than 120 feet:
follows (Figure 6):
[a] The separation distance shall be the average of the sum of the height of each of
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the two relevant portions of the two buildings, but in no case less than 75 feet from
the other building.
feet.
Figure 6 Height, Bulk and Spacing for Buildings 120' to 200' High
(f)
The maximum diagonal dimension of any building footprint of varying heights shall be 420
feet. Buildings that incorporate portions of varying height are encouraged. Each portion of
the building within the specified height limits shall be subject to the building bulk and spacing
controls as described in Subsection C(10)(a) through (e) (Figures 7 and 8).
(g) For L-shaped buildings, the diagonal dimension shall be measured between two points of the
"L" furthest from one another (Figure 7).
(h) For the avoidance of doubt, the building separation requirements shall apply to buildings
regardless of their being located on the same or on different lots.
(i)
Accessory parking structures.

[1] An accessory parking structure that is screened from view from any public or private
street shall not be subject to the spacing requirements.
[2] Underground parking structures shall not be subject to the diagonal limits.
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Figure 7 Height and Bulk for Buildings with Portions of Varying Height
Figure 8 Separation for Buildings with Portions of Varying Height

(11) Buffer regulations.
(a) Where development within the RCA abuts a residential use in a residential zoning district,
there shall be a landscaped buffer area at least 25 feet deep along the district boundary line
within the RCA District. Where such a line is along a street or at a street line, there shall be a
twenty-foot-wide planted landscape area that shall be located between the pedestrianway
and the building facade.
(b) The landscaped buffer that exists along Belmont Avenue between St. Asaphs Road and
Righters Ferry Road as of the effective date of this article shall be preserved and maintained
to a depth of 120 feet from the curbline of Belmont Avenue, except for the improvements
required for the pedestrianways as authorized in 155-217F(5)(e). If the existing tree canopy
is diminished to a point that it no longer provides a visual screen, new deciduous trees shall be
planted with the goal of reestablishing a comparable visual screen.
(c) There may not be more than one vehicular point of ingress and egress lane through the
landscaped area to any street. Such point of vehicular ingress/egress shall not exceed two
lanes and 22 feet in width, except for transition areas at the curb face, unless a dedicated
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separate left-turn egress lane is required based on a traffic study.

D.
Parking, loading and traffic requirements.

(1) On-site parking.
(a) At-grade, above- or below-grade parking and loading facilities shall be permitted.
(b) Surface parking lots and exterior loading areas shall be placed between the building and a
rear lot line, except as noted below:
[1] On a corner lot, if surface parking and exterior loading cannot be behind the buildings,
then parking and loading shall be located along the least traveled street and screened
from view.
[2] Off-street surface parking shall not extend more than 70 feet along any public or private
street.
(c) Views of parking and exterior loading areas shall be buffered from any adjacent street or
sidewalk by planting street trees and by providing a minimum six-foot-wide landscaped area
from the right-of-way. Plantings other than street trees shall be limited in height to three
feet.
(d) Only one curb cut/driveway is permitted on each street frontage of each lot. Maximum
driveway width is two lanes and 22 feet unless a dedicated separate left-turn egress lane is
required, based on a traffic study. Where a lot has frontage on two streets, principal access
shall be from the least traveled street.
(e) Any facade of a parking structure that can be seen from a public way shall comply with the
development design standards.
(2) Parking for single-use buildings and developments. The minimum required parking for new and
redeveloped buildings or developments within the RCA shall be calculated by using the minimum
single peak-hour demand values noted in Table 6.[1] Parking shall not be provided in excess of the
maximum parking provisions noted in Table 6.
[1]:
(3) Parking for mixed-use buildings or multiple-use developments.

(a) The minimum parking required for new and redeveloped mixed-use buildings or multiple-use
development within the district shall be calculated by using the following process and the
percentages provided in Table 6:
[1] First, determine the number of parking spaces required for each individual use within
the multiple-use building or development by using the single-use peak-hour demand
values in Table 6. That number serves as the base for calculating the percentage of peak
demand for key times values.
[2] 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 value.
[3] Next, add the columns for each peak demand time to determine the number of spaces
required for the multiple-use building or development for each peak hour.
[4] The required number of parking spaces for the building or development is the highest
total-hour figure for the multiple-use building or development.
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(b) If a minimum of 50% of the required parking as outlined in the parking table is provided below
grade, the required parking for nonresidential uses may be reduced by 10% and required
parking for residential uses may be reduced to one space per unit.
(4) Off-site parking. Off-site parking is permitted in the RCA subject to the regulations set forth
below.
(a) Shared parking. When land uses on adjacent lots within the RCA 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 6.[2]
[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, such as a legal easement included in the deed.
[2]:
(b) Code required parking may be provided off-site, provided that:

[1] Off-site parking must be within 1,000 feet of the development using a pedestrian route
continually accessible to the public, measured from lot line to lot line; and
[2] Both the development and the parking facility shall comply with the development
design standards in Subsection F; and
[3] An easement agreement or other documentation that the private parking facility owner
agrees to make the spaces available to the proposed off-site development shall be
submitted to and approved by the Township with 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, such as a legal easement included in the deed.
(5) On-street parking.
(a) Provided that the new, expanded or rehabilitated building or buildings comply with the
development design standards in Subsection F, legal on-street parking along the lot street
frontage may be counted toward the development's minimum parking requirements. Each
such on-street public parking space may only be counted once.
(b) On-street parking spaces shall be required on both sides of all newly constructed minor
streets.
(6) Car share parking.
(a) "Car share" shall be defined as a short-term car rental service whereby customers can reserve
a rental car for short periods of time, can pick up the car at a designated place, and can return
the car to the same location.
(b) Car share parking spaces shall be provided for all new developments containing over 50
residential units or 50,000 square feet of commercial space at the rate of one space per 50
units or one space per 50,000 square feet of commercial space. Such space may be included
in the total parking requirements under Subsection D.
(7) Bicycle parking.
(a) Convenient bicycle facilities shall be provided up to a maximum of 20 spaces, as follows:
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[1] For residential uses, there shall be one bicycle space or locker for each two dwelling
units or portion thereof.
[2] For commercial uses, there shall be one bicycle space or locker for every 20 automobile
parking spaces or fraction thereof.
(b) The Board of Commissioners may, by conditional use, hold in reserve or reduce the number
of required bicycle parking spaces, provided that the applicant demonstrates that there are
ample facilities available for use nearby. The conditional use standards of 155-141.2 shall
apply.
(8) Service and loading.
(a) Outdoor areas used for loading or trash collection purposes shall be no closer than 50 feet
from the property line of a residential use in a residential zoning district.
(b) If these areas must be located closer than 50 feet to residential uses in residential zoning
districts, then they shall be located indoors. Noise, sound and odors associated with these
uses shall not be discernable at the lot line.
(c) Loading and service functions shall be located within the building envelope, unless otherwise
approved by the Board of Commissioners upon a finding that the proposed placement of the
service and/or loading facility will not be detrimental to the health, safety, and welfare of the
public.
(d) The visual impact of any outside loading and service functions shall be minimized through the
use of screen walls and landscaping. Screen walls shall be compatible in design and materials
with the building design.
(e) Loading and service activities shall not be visible from a public street.
(f)
Loading access curb cuts and driveways shall be shared with parking access curb cuts and
driveways.
(9) Traffic impact study.

(a) When the total accumulated new peak-hour trips attributable to land use applications in the
City Avenue District applied for after the effective date of this article exceeds 2,686 peakhour afternoon trips, the applicant shall demonstrate that the additional peak-hour trips
generated, when added to the then-existing trips, shall not result in a level of service on
adjacent or otherwise impacted intersections lower than D, or, if the level of service is already
below D, shall not diminish such level of service or increase the delay by more than 30
seconds.
(b) The applicant shall demonstrate compliance with 135-19B(8) and show that the proposed
use does not create unsafe traffic conditions due to queues extending out into adjacent
rights-of-way and/or create site obstructions at the points of ingress and egress.
E.
Density increase. The purpose of this section is to encourage the provision of amenities to benefit the
public health, safety and welfare, including: adequate open space and public gathering space; efficient
roadways; safe bicycle and pedestrian connections and transit facilities; and the preservation of historic
resources. The density authorized in this article may be increased as shown on Table 2 and as described
in this section, subject to the provisions listed below. In order to qualify for the density increases listed
in Subsection E(2) through (10) a public gathering space in accordance with Subsection E(1) below
shall be provided. The density increases listed below may be cumulative.
Table 2
Density Increase
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Section
155-217E(1)
155-217E(2)
155-217E(3)
155-217E(4)
155-217E(5)
155-217E(6)(a)
155-217E(6)(b)
155-217E(7)(a)
155-217E(7)(b)
155-217E(8)
155-217E(9)
155-217E(10)
155-217E(11)
Amenity
Public gathering
space (PGS)2
Aggregation of PGS
Residential single
use or mixed use
where primary use
is residential
Mixed-use building
or development
Structured parking
Underground
parking
Wrapped parking
Transit facility
improvements
Transit facility: onsite bus stop
Historic
preservation
Public, multipurpose
pathway
OSTI1
Sustainable design
(Reserved)
1 OSTI is an off-site traffic
2 In order to qualify for the
Increase
Initial Increase
0.15
OSTI1
0.05
Total Increase
0.2
0.15
0.1
0.05
0.05
0.2
0.15
NA
0.05
0.05
0.18
0.5
0.07
0.05
0.25
0.55
0.25
0.05
0.05
0.05
0.3
0.1
0.15
0.05
0.2
0.1
0.05
0.15
0.15
0.05
0.2
0.2
(Reserved)
0
(Reserved)
0.2
(Reserved)
NOTES:
improvement.
density increases public gathering space shall be provided.
(1) Density increase for public gathering space. If an application includes a public gathering space on
the lot, the allowable density may be increased by an FAR of 0.15 subject to compliance with the
requirements listed below. The FAR of 0.15 may be increased by 0.05, to a maximum of 0.2, where
the applicant installs off-site traffic improvements or contributes to a City Avenue Transportation
Services Area Fund held by the Township in accordance with 155-217E(10)(a) through (c)
below. The public gathering space shall be maintained by the property owner. The amount of
density increase shall be noted on the plan and recorded in the deed. No portion of the public
gathering space may be dedicated to a specific tenant.
(a) The public gathering space shall be designed and located so to achieve the purpose of this
subsection as stated above, as well as the purpose of the Official Map, as provided for in
Chapter 107 of the Township Code. Whether or not a specific location is identified on the
Official Map, the public gathering space shall comply with the requirements detailed in
Subsection E(1)(b) through (f) below.
(b) The maximum number of separate public gathering spaces on any lot is three.
(c) Size of the public gathering space. A minimum of 5% of the lot area shall be used as public
gathering space, but in no case shall a public gathering space be less than 3,500 square feet.
[1] Lots up to 100,000 square feet: a public gathering space shall be no less than 3,500
square feet.
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[2] Lots over 100,000 square feet: a public gathering space shall be no less than 5,000
square feet.
(d) Design of the public gathering space.
[1] Lots up to 100,000 square feet: A rain garden occupying a minimum of 200 square feet
shall be provided. No more than 30% of the public gathering space may be devoted to a
rain garden use.
[2] Lots over 100,000 square feet: A rain garden occupying a minimum of 400 square feet
shall be provided. No more than 30% of the public gathering space may be devoted to a
rain garden use.
[3] A minimum of 30% of the public gathering space shall be landscaped with trees, shrubs,
and mixed plantings with year-round interest.
[4] The hard surface area of the public gathering space shall be paving materials, such as
unit pavers, paving stones, or concrete. No more than 20% of the public gathering space
may be concrete. If the concrete in a public gathering space is stamped concrete
providing the appearance of unit pavers or paving stones, the maximum area of stamped
concrete shall be 30%.
[5] The public gathering space shall not be used for parking, loading, or vehicular access.
[6] The area of the public gathering space or the plantings within the public gathering space
shall not be used to demonstrate compliance with the greening standards.
[7] Public gathering space may include ornamental fountains, stairways, waterfalls,
sculptures, arbors, trellises, planted beds, drinking fountains, benches, awnings, canopies
and similar structures.
[8] One bicycle space shall be provided for every 300 square feet of public gathering space.
(e) Location of public gathering spaces. The public gathering space shall be located where it is
visible and accessible from either a public sidewalk or pedestrian connection. The public
gathering space shall connect with existing or proposed public gathering spaces on abutting
properties, where feasible. Public gathering space may be located along a street and is
encouraged to be located between buildings or within an inner or outer court. Location of a
public gathering space adjacent to a parking lot is discouraged.
(f)
The design and size of the public gathering spaces may be modified, subject to conditional
use approval from the Board of Commissioners. In addition to the conditional use standards in
155-141.2, the following standards shall apply:
[1] Where a minimum of 5% of the lot area is dedicated to public gathering space, the area
of the individual public gathering spaces may reduced, provided that there is at least one
public gathering space that meets the minimum size requirements.
[2] Where a children's play area consisting of playground equipment and/or spray fountains
is provided, the minimum area devoted to landscaping and rain gardens may be reduced
by up to 30%.
(2) Aggregation of public gathering space.

(a) If the public gathering space is aggregated into one large area and it equals a minimum of
10% of the total lot area of the development, but in no case may the aggregated area be less
than 35,000 square feet, the FAR may be increased by up to an additional 0.15. The
aggregated public gathering space shall connect to the pedestrianway or any multipurpose
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trail on the lot(s). The public gathering space is encouraged to be located as shown on the
City Avenue District Official Map or as otherwise approved by the Board of Commissioners
during the land development review and approval process.
(b) The allowable density may be increased by an additional FAR of 0.05 to a total FAR of 0.2
where the applicant installs off-site traffic improvements or contributes to a City Avenue
Transportation Services Area Fund held by the Township in accordance with 155-217E(10)
(a) through (c) below.
(3) Density increase for single-use residential buildings or mixed-use buildings or multiple-use
developments where the primary use is residential.
(a) The allowable density may be increased by up to a FAR of 0.1.
(b) The allowable density may be increased by an additional FAR of 0.05 up to a total FAR of 0.15
(4) Density increase for mixed-use buildings or multiple-use developments. The allowable density may
be increased by up to a FAR of 0.05 where the applicant installs off-site traffic improvements or
contributes to a City Avenue Transportation Services Area Fund held by the Township in
accordance with 155-217E(10)(a) through (c) below.
(5) Density increase for structured parking. The allowable density may be increased by a FAR of 0.18
for a development where a parking structure is provided.
(a) Where a new building is proposed or an existing building is expanded, newly created surface
parking may account for a maximum of 10% of the required parking spaces in order for the
density increase to apply.
(6) Density increase for underground and/or wrapped parking structures.
(a) Underground parking structure.
[1] The allowable density may be increased by up to a FAR of 0.5 for a development where
parking is underground.
[2] The allowable density may be increased by an additional FAR of 0.05 to a total FAR of
0.55 where the applicant installs off-site traffic improvements or contributes to a City
Avenue Transportation Services Area Fund held by the Township in accordance
with 155-217E(10)(a) through (c) below.
(b) Wrapped parking structure.
[1] The allowable density may be increased by up to a FAR of 0.25 for a development where
a minimum of 75% of the faade of the perimeter of the parking structure as seen from
a public way is surrounded by a building with an active use complying with the
development design standards in 155-217 F. Such active uses may be either directly
attached to the parking structure or separated by an interior court or service lane.
0.30 where the applicant installs off-site traffic improvements or contributes to a City
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Avenue Transportation Services Area Fund held by the Township in accordance

with 155-217E(10) (a) through (c) below.
(c) Where the required parking is split between a wrapped parking structure, an underground
parking structure and surface parking, this density increase shall be prorated based on the
percentage of the required parking in the underground parking structure and the wrapped
parking structure.
(7) Density increase for transit facility improvements. The applicant must submit documentation from
the appropriate transit authority approving the design and location of the transit improvements to
attain the increases listed below.
(a) The allowable density may be increased by up to a FAR of 0.05 for a development where
accommodations to encourage mass transit are provided. Such accommodations include the
construction of new bus shelters along a public roadway, the installation of bus pull-offs along
bus routes and electronic mass transit schedule boards.
(c) The allowable density may be increased by up to a FAR of 0.15 for a development when an onstreet bus stop is moved onto the property being developed. The allowable density may be
increased by an additional FAR of 0.05 to a total FAR of 0.2 where the applicant installs off-site
traffic improvements or contributes to a City Avenue Transportation Services Area Fund held
by the Township in accordance with 155-217E(10) (a) through (c) below. The following
facilities shall be provided:
[1] Benches;
[2] Shelters; and
[3] Mass transit schedule boards.
(8) Density increase for historic preservation.
(a) The allowable density may be increased by up to a FAR of 0.1 for a development where a
resource listed on the Township Historic Resource Inventory is preserved or renovated in
compliance with the Secretary of the Interior's standards.
(9) Density increase for a public, multipurpose path as shown on the City Avenue District Official Map
or as otherwise approved by the Board of Commissioners during the land development review and
approval process. The allowable density may be increased by up to a FAR of 0.15 where a public,
multipurpose path is provided, subject to the following requirements.
(a) The path shall be provided in addition to the required pedestrianway, except along City
Avenue and along portions of Belmont Avenue where it is included in the pedestrianway.
(b) The path shall be at least eight feet wide with one hardscaped or landscaped verge measuring
at least four feet in width.
(c) The path shall be paved with asphalt a minimum of 2 1/2 inches thick with a minimum
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aggregate subbase of four inches. An alternative material that provides an adequate walking
surface, such as concrete or other similar paver systems, may be approved by the Township
Engineer.
(d) The path shall connect with public gathering spaces and shall connect with existing or
proposed trails on abutting properties, or a pedestrianway.
(e) The allowable density may be increased by an additional FAR of 0.05 to a total FAR of 0.2
(10) Density increase for off-site traffic improvements. The allowable density may be increased by a
FAR of up to 0.2 for a development where the applicant installs off-site traffic improvements as
determined by the Township or contributes to a City Avenue Transportation Services Area Fund
held by the Township subject to the following provisions:
[Amended 9-17-2014 by Ord. No. 4030]
(a) Roadway improvements shall comply with the 2010 Transportation Capital Improvements
Plan prepared for the City Avenue Transportation Services Area. The Township may also
authorize improvement of intersections or roadways outside the district that are impacted by
the proposed development.
[1] When the applicant is installing the roadway improvement, the Township Engineer shall
determine the scope of the roadway improvements installed.
[2] Construction cost estimates demonstrating compliance with Subsection E(10)(c) below
shall be provided by the applicant and approved by the Township Engineer.
(b) When a fee in lieu of the improvements is made, the funds shall be administered in
accordance with the provisions established in 135-66 of the Subdivision and Land
Development Code.
(c) The cost of the improvements shall be calculated as noted below:
[1] The off-site traffic improvements or payment in-lieu shall equal $1.65 per square foot
generated by the total additional floor area constructed under 155-217E (1) through
(10).
(11) Density increase for sustainable design. (Reserved)
F.
Development design standards.

(1) 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 accessways.
Requirements for orientation and primary entrances are intended to:
(a) Provide for safe, convenient, direct and accessible pedestrian access to and from public
sidewalks, transit facilities and crosswalks.
(b) Provide safe and efficient pedestrian connections between buildings in the RCA.
(c) Promote use of pedestrian and transit modes of transportation, including providing and
maintaining protected transit waiting areas.
(2) Applicability. Any new or expanded building or any building that is rehabilitated (where such
rehabilitation is equal to or exceeds 50% of the existing floor area of the building) shall comply
with the development design standards in Subsection F(3), (4) and (5).
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(3) Compliance. A design manual shall be submitted in conjunction with a development or permit
application demonstrating how the development will comply with the development design
standards and the architectural design standards. The design manual shall include material samples
and at least two copies of the following items:
(a) Site plan drawn to scale;
(b) Building elevation drawn to scale;
(c) Colored rendering;
(d) Landscape plan; and
(e) Current photographs of site.
(4) Building orientation and primary entrance.
(a) Building access.
[1] Buildings shall be designed with windows, public access points and signage facing the
[2] Primary building entrances shall be articulated and visible from the street.
[3] If a single lot is redeveloped, any new vehicular access point shall be located on a side lot
line and shared with adjacent lots, where feasible.
[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 crossing pedestrian pathways and improve internal vehicular circulation patterns
and external access into the site.
[5] When one or more lot(s) is redeveloped such that 150 feet or more of new building
facade is constructed along the primary front facade, an accessway shall be provided
(i.e., through a lobby or alley) to reach parking facilities at the rear of the lot.
(5) Architectural design standards.
(a) The architectural design standards have been incorporated into this district to ensure that
the size, proportions and design of new buildings create a pedestrian-friendly environment,
especially at the street level.
(b) Buildings with active uses, including wrapped parking structure.
[1] Visual mass of all buildings shall be deemphasized through the use of architectural and
landscape elements, including form, architectural features and materials, to reduce their
apparent bulk and volume, to enhance visual quality and to contribute to human-scale
development.
[a] Vertical articulation. Vertical articulation of the building facade, including changes
in building plane and materials, shall be used to create pedestrian-scale buildings.
Vertical articulation may include architectural features, such as projecting bays,
changes in roofline, recessed entries, balconies and other similar features. The
depth of such articulation shall be a minimum of two feet zero inches. Such vertical
articulation shall occur at a minimum fifty-foot interval.
[b] Horizontal articulation. Horizontal articulation of the building facade, including
changes in building plane and/or materials, shall be used to break up the scale of the
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building facade. Such horizontal articulation may be provided by roof terraces,

setbacks or other devices. Horizontal articulation shall emphasize the building base
to reinforce the pedestrian scale.
[2] The ground floor of the primary front facade facing a pedestrian street shall contain an
average minimum of 65% clear windows and doors. Smoked, reflective, tinted or black
glass in windows is prohibited. Glazing shall have a minimum visible transmittance of
0.75.
[3] Any ground floor walls with less than 25% of clear windows shall be articulated by two or
more of the following:
[a] Articulation of facade plane, and/or changes in materials;
[b] If the building is occupied by a commercial use, recessed or projecting display
window cases;
[c] For aboveground parking structures, by landscaping.
[4] The second story and above of primary front facades shall contain a minimum of 20% of
the facade as clear windows. Glazing shall have a minimum light transmittance of 0.75.
[5] Corners. Building corners at intersections of public streets shall be visually emphasized
through design features, such as changes in plane, fenestration patterns, balconies,
building entries, bays, or similar features.
[6] All roof-top mechanical equipment, including antennas, shall be screened visually and
[7] 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 public walkway shall include a barrier to prohibit doors from swinging into
pedestrians.
[8] A wrapped parking structure shall include a parking structure with a minimum of 75% of
the facade covered by a building with a primary permitted use complying with the
architectural design standards. Such primary uses may be either directly attached to the
garage structure or separated by an interior court or service lane.
(c) Parking structures, not wrapped at all levels with active uses.
[1] Vertical articulation of the parking structure facade, including changes in building plane
and materials, shall be used to create a pedestrian scale. The depth of such articulation
shall be a minimum of one foot six inches and occur at a maximum sixty-foot interval.
[2] Horizontal architectural features of the parking structure facade, including changes in
building materials, shall be used to create a pedestrian scale. The change in building
material shall occur at a maximum twenty-foot interval.
[3] The primary front facade of a parking structure shall be pedestrian-oriented and -scaled.
Pedestrian-oriented active uses, such as retail or commercial, shall occupy 80% of the
ground floor facade. Such active uses may be either directly attached to the garage
structure or separated by an interior court or service lane.
[4] The facade treatment of walls facing residential uses or residential zoning districts shall
be similar to the primary front facade with active uses.
[5] A ten-foot minimum landscaped buffer, including street trees at a minimum 25 feet on
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center, shall abut other garage structure facades, not covered in Subsection F(5)(b)
above, visible to public view.
[6] The visual impact of sloping floors from any public accessway shall be minimized through
design treatment of the parking structure's facade.
(d) The Board of Commissioners may, by conditional use, 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.
(e) Pedestrianways:
[1] Along City Avenue a pedestrianway shall begin at the curbline and consist of a
landscaped verge suitable for street trees measuring six feet in width, a public,
multipurpose path measuring eight feet in width, a hardscaped or landscaped verge
measuring two feet in width, and a public walkway with an unobstructed width of eight
feet (Figure 13), as noted below:
[a] The public, multipurpose path shall be provided in accordance with 155-217E(9).
[b] The landscape verge suitable for street trees shall comply with the following
requirements:
[i]
The tree pit shall consist of an area of not less than 150 square feet and shall
be of dimensions of no less than five feet in width and 10 feet in length.
[ii] The tree pit shall be a minimum of 24 inches in depth or the depth of the root
ball, whichever is greater. Structural soil shall not be provided in the tree pit.
Street trees are not to be planted directly into structural soil. Exposed or
permeable surfaces shall be excavated and replaced with fresh topsoil
meeting the minimum tree planting specifications.
[iii] Structural soil shall be provided underneath impermeable surfaces from the
curbline to the edge of the pedestrianway where tree pits exist, unless
otherwise directed by the Township Arborist.
[iv] The tree pits shall be located 20 feet apart.
[v] Street trees shall be at least two-and-five-tenth- to three-inch caliper when
planted and shall be spaced at intervals no greater than 30 feet along the
public/pedestrian right-of-way.
Figure 13 - Pedestrian Way along City Avenue.

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[2] Along Belmont Avenue between St. Asaphs Road and Righters Ferry Road and along
properties on Righters Ferry Road located within 500 feet of Belmont Avenue, a
pedestrianway shall begin at the curbline and consist of a landscaped verge suitable for
street trees measuring a minimum of six feet in width, a public, multipurpose path
measuring a minimum of eight feet in width, and a public walkway with an unobstructed
width of eight feet designed in such a manner as to minimize damage or to avoid the
removal of existing trees in the required buffer. These dimensions may be modified as
approved by the Director of Building and Planning to minimize damage or to preserve
the existing mature trees in the buffer area.
[3] On all other streets, a pedestrianway shall begin at the curbline and consist of a
landscaped verge strip measuring six feet in width and installed in accordance with 155217F(5)(e)[1][b] above and a public walkway with an unobstructed width of eight feet
(Figure 14), except as noted below:
[a] A hardscaped or landscaped verge strip shall be maintained at the curbline if onstreet parking is provided. When a hardscaped verge is provided, a space sufficient
for street trees shall be provided as noted in 155-217F(5)(e)[1][b] above:
[b] Where a bus pull-off is provided at the curbline, a hardscaped verge shall be
required in the area adjacent to the bus stop.
[c] When a public, multipurpose path is shown along the street line on the City Avenue
District Official Map, the pedestrianway shall begin at the curbline and consist of a
landscaped verge suitable for street trees measuring five feet in width, a public,
multipurpose path measuring eight feet in width, a hardscaped verge measuring
two feet in width, and a public walkway with an unobstructed width of eight feet, as
noted below:
[Amended 9-17-2014 by Ord. No. 4030]
[i]
The public, multipurpose path shall be provided in accordance with 155217E(9).
[ii] The landscape verge sufficient for street trees shall be provided as noted in
155-217F(5)(e)[1][b] above.
Figure 14 - Pedestrian Way along other streets, except as noted along

Belmont Avenue and Righters Ferry Road
[4] Pedestrianways shall create a completely linked network of walkways connecting transit
stops, commercial centers, institutional facilities and residential buildings, including open
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space areas, and parking.

[5] Pedestrianways shall permit outdoor seating for food and drink establishments and
pedestrian-oriented accessory uses and other appropriate street furniture, including
sales display for flowers, and food or drink stands in the area between the build-to line
and the pedestrianway, provided that the minimum unobstructed walkway width is
maintained.
[6] Pedestrianways shall be provided on both sides of all public and private streets.
[7] The Board of Commissioners may, by conditional use, approve the variations to the
sidewalk and landscaped verge set forth above, if the applicant demonstrates to the
satisfaction of the Board that such variations are in furtherance of the legislative intent
of this article.
G.
Signs in the RCA. In the RCA District, the regulations of Article XIX shall apply except where otherwise
specifically provided for in this section.
(1) Maximum signage square footage.
(a) The total area of all types of signage for each building shall not exceed two square feet for
each linear foot of building frontage facing a public street.
(b) The total area of all flush-mounted and awning signage for each retail tenant shall not exceed
one square foot for each foot of linear building frontage. In all cases, individual signs are
limited in square footage, as described in the following guidelines.
(2) Fabrication techniques.
(a) No exposed conduit, tubing, or raceways will be permitted.
(b) All conductors, transformers, ballasts, and other equipment shall be concealed.
(c) All attachment hardware, bolts, and clips shall be of corrosion-resistant materials to prevent
(d) Formed plastic, injection-molded, or easily damaged signage materials are not permitted.
(e) 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.
(f)
Awnings must be constructed from fabric (real or synthetic) and made of weather-resistant
material.
(3) Prohibited signs and conditions. The following signs are not permitted:
(a) Backlit or internally illuminated awnings.
(b) Translucent internally illuminated sign faces with a backlit background.
(4) Flush-mounted signage. For letters or marks mounted parallel to the building's facade that are
either mounted as individual letters, or contained in a sign panel, the following standards shall
apply:
(a) Maximum area of sign: 65 square feet per sign.
(b) Number of signs: one per retail tenant 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.
(c) Mounting height: twenty-foot maximum, provided that it is below the sill line of the second
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floor windows.
(d) Depth of sign: Wall signs must not project more than 12 inches from the building wall.
(e) Method of illumination shall include:
[1] Natural lighting.
[2] Externally lit from above.
[3] Halo-lit or backlit letters.
(5) Blade and shingle signage. A shingle sign is mounted perpendicular to a building's facade, 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 facade using a rigid mounting bracket. The
following standards shall apply:
(a) Maximum area of sign: 20 square feet.
(b) Number of signs: one per ground floor establishment, plus one for any public building
entrance not serving a ground floor establishment.
(c) Mounting height: Twenty-foot maximum, provided that it is below the sill line of the second
floor windows and is a minimum of 10 feet above grade or sidewalk.
(d) Maximum projection from building face: five feet.
(6) Banner signage: fabric or rigid material mounted with use of poles, typically oriented
perpendicular to building facade.
(a) Area of banner: less than or equal to 25 square feet.
(b) Banners shall be spaced no closer than 20 feet apart, and centered within architectural
elements.
(c) Projection: Banners shall not project more than three feet into the public right-of-way. Such
banners shall not project into the cartway and shall be located a minimum of two feet six
inches from the face of the curb.
(d) Mounting height: The bottoms 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 building.
(e) Only one banner sign is permitted per retail storefront.
(7) Freestanding signs.
(a) The 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.
(b) Maximum area of sign: 50 square feet.
(c) Not more than one freestanding sign shall be permitted for each lot street frontage.
(8) Upper level corporate or building identification signs: Upper level corporate or building
identification signage mounted on the facade of a building, and designed to be seen from a
distance.
(a) Such signs shall be limited to the following content only:
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[1] A corporate logo; or

[2] The name of the company or building.
(b) Such signs shall be limited to individual three-dimensional letters, representing the name of
the company or building or three-dimensional corporate logo.
(c) Such sign shall not exceed 10 feet in height.
(d) Total area of such sign shall not exceed 200 square feet in area.
(e) Such signs may only be mounted to the top floor of a building exceeding 100 feet in height.
(9) Awnings and canopies. Awnings and canopies are roof-like structures, above storefront windows or
(a) Length: Awnings and canopies shall not exceed 30 feet in horizontal length and be centered
within architectural elements, such as doors or columns.
(b) Projection: Awnings and canopies shall not project more than five feet into the public rightof-way, except where located above a main building or store entrance facing a public
sidewalk, in which case the maximum projection shall not exceed 10 feet. All awnings and
canopies must be a minimum of three feet from the curbline.
(c) Mounting height: The bottom of awnings and canopies shall be at least eight feet above
grade or sidewalk, except in the case of a movable valance which may be seven feet above
grade or sidewalk.
(d) Illumination: Natural lighting only; backlit awnings are not permitted.
(e) Design: On multi-tenant facades, 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.
(f)
Fabrication: Awnings and canopies shall be made of fire-resistant canvas.
(g) All ground floor awnings and canopies or those that project into a street right-of-way must be
retractable.
(h) Fixed awnings may be used above the ground floor, provided that they project no more than
four feet maximum.
(10) 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:
(a) Area of sign: up to six square feet in area, not projecting more than three inches from a
building wall.
(b) Number of signs: two per usable entry.
(c) Mounting height: five feet on center above grade or sidewalk.
(d) Illumination: Natural lighting only is permitted, except for menu cases, which may be
internally lit.
(11) Street address plaque. This is a plaque mounted to the side of a building at pedestrian level, or
dimensional letter mounted above the door conveying at the minimum the numerical street
address of the building. The following standards shall apply:
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(a) Area of sign: less than or equal to three square feet in area.
(b) Number of signs: minimum of one located at the main entry to the building.
(c) Mounting height: either five feet on center for wall-mounted signs on the side of a building,
or horizontally centered above door(s) or on the sides of a canopy. Numerals mounted over
doors, or on canopies shall be no less than eight inches high, and no more than 12 inches high.
(d) Illumination: Natural lighting only is permitted, except for halo-lit or backlit letters.
(12) Permanent storefront window graphics. These are permanent window graphics with the tenant's
mark or hours of operation. The following standards shall apply:
(a) Area of sign: Window signs shall not obscure the interior view of a retail establishment, and
shall be no greater than 10% of the available window space.
H.
Utilities.
(1) All new electric, telephone and cable lines and building services shall be underground for new
developments and additions.
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.
A.

(1) The purpose and applicability of 155-217A shall also apply in the BCR District as shown on Map 4.
Preserving the retail uses that cater to the surrounding residential community is also a goal of this
article.
Map 4 Bala Cynwyd Retail District

B.
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155-217B(2)(a) through (k) listed above, except as authorized below:
[1] Grade level parking within a wrapped parking structure may be permitted.
mixed-use building.
must be constructed concurrently or phased, and shall include at least one mixed-use building. The
mixed-use building shall be constructed first. No single use shall occupy more than 80% of the
total gross floor area of the buildings on the subject lot(s).
(a) Uses permitted on the ground floor of every building in a mixed-use development shall be
limited to those listed in 155-217B(2)(a) through (k) listed above, except as authorized
below:
[1] Grade-level parking shall be permitted when a wrapped parking structure is provided.
(3) The following uses shall apply to a lot(s) fronting on the portion of St. Asaphs Road located
between Conshohocken State Road and a point in the center line of St. Asaphs Road measured
approximately 642 feet southwesterly from the intersection of the center lines of Belmont
Avenue and St. Asaphs Road:
(a) No buildings or structures shall be permitted within the first 50 feet of the curbline.
(b) Only residential uses are permitted within the first 100 feet of the curbline. The onehundred-foot restriction may be reduced to 80 feet if the nonresidential portion of the
building facing St. Asaphs Road is wrapped with a residential use covering 75% of the building
facade. Such uses may be either directly attached to the structure, or separated by an
interior court or service lane.
(4) Residential uses are not permitted on the ground floor of buildings facing City Avenue.
C.
Dimensional standards.
(1) The dimensional standards provided in 155-217C shall also apply in the BCR, except as noted
below:
(a) Build-to line. In addition to the standards provided in 155-217C(2), the following set back
shall apply:
[1] No structure shall be permitted within the first 50 feet of the curbline for parcels
fronting on St. Asaphs Road between Belmont Avenue and Conshohocken State Road.
(b) Lot width. The maximum lot width along St. Asaphs Road between Conshohocken State Road
and Belmont Avenue shall be 1,000 feet.
(c) Building height.
[1] The minimum height of any building shall be two stories and no less than 28 feet above
grade. The second-story floor area shall be equal to or greater than 75% of the grade
level building area.
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[2] The maximum height of any building within the BCR shall be 90 feet except as noted
below and as shown on Map 2.
[a] The maximum height of a building located between 50 feet and 100 feet of the
curbline of St. Asaphs Road shall be 45 feet for the lot(s) fronting on the portion of
St. Asaphs Road located between Conshohocken State Road and a point in the
center line of St. Asaphs Road measured approximately 642 feet southwesterly
from the intersection of the center lines of Belmont Avenue and St. Asaphs Road.
[b] The maximum height of a building located between 100 feet and 250 feet of the
St. Asaphs Road located between Conshohocken State Road and a point in the
center line of St. Asaphs Road measured approximately 642 feet southwesterly
from the intersection of the center lines of Belmont Avenue and St. Asaphs Road.
[c] The maximum height of a building located between 50 feet and 250 feet of the
St. Asaphs Road located between Belmont Avenue and a point in the center line of
St. Asaphs Road measured approximately 642 feet southwesterly from the
intersection of the center lines of Belmont Avenue and St. Asaphs Road.
D.
Parking and loading. The parking and loading standards provided in 155-217D shall also apply in the
BCR.
E.
Density increase. The density increase standards provided in of 155-217E shall also apply in the BCR.
F.
Development design standards. The development design standards provided in of 155-217F shall also
apply in the BCR, except as noted below.
(1) Architectural design standards.
(a) Pedestrianways.
[1] The area between the curb and buildings or structures located along St. Asaphs Road
shall consist of a landscaped verge adjacent to the curb a minimum of eight feet in
width, a public walkway with a minimum unobstructed width of eight feet, and a
landscaped area between the building and the sidewalk (Figure 14).
G.
Signage. The signage standards provided in of 155-217G shall also apply in the BCR.
H.
Utilities. The utility standards provided in of 155-217H shall also apply in the BCR.
155-219. City Avenue District - Bala Village (BV).

[Added 9-17-2014 by Ord. No. 4029]
The Bala Village zoning is designed to preserve the existing retail character of the area.
A.

(1) General purpose. The City Avenue District - Bala Village is intended to encourage pedestrianoriented development and redevelopment and more economically productive use of land parcels
along Bala Avenue between City Avenue and Montgomery Avenue and along City Avenue
between the Cynwyd Rail Line and Orchard Road. It recognizes the importance of the City Avenue
District - Bala Village as a gateway to Lower Merion Township, and as a neighborhood- and transitoriented center, by permitting appropriate densities and a mix of land uses while providing
sufficient on- and off-street parking.
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(2) The general goals and objectives include the following specific purposes:
(a) Encourage multiple-use real estate development within the BV District that creates a sense
of place and welcomes residents, visitors and workers;
(b) Preserve and enhance the special character of the traditional early-20th Century Bala
Shopping District.
(c) Encourage pedestrian- and transit-oriented development through adoption of high standards
of architecture and design;
(d) Minimize to the greatest extent possible any adverse impacts on existing residential
neighborhoods of any new development in the BV District;
(e) Promote the livability and identity of the district by providing for dwellings, shops and
workplaces in close proximity to each other;
(f)
Enhance the visual character and identity of the district through appropriate building scale
and design, landscaping and signage, and by encouraging the renovation and erection of
buildings and storefronts that provide direct connections to the street and sidewalk;
(g) Discourage the dependence on automobile use by promoting alternative modes of

transportation, including rail and bus, bicycling and walking, thereby reducing traffic
congestion;
(h) Promote the smooth and safe flow of vehicular traffic through the corridor while reducing
cut-through traffic in the neighboring residential districts;
(i)
Encourage the development of shared parking and attractive, unobtrusive and convenient
off-street parking facilities to reduce on-street congestion and facilitate vehicular and
pedestrian circulation.
(3) Applicability.
(a) The City Avenue District - Bala Village regulations apply to all lots within the City Avenue
District - Bala Village, within the area designated on Map 5.
(b) The development design standards in the City Avenue District - Bala Village shall apply to all
new construction, and alterations and improvements to existing building exteriors, and
changes to exterior materials requiring a Township building permit.
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Map 5 - Bala Village

B.
(1) Residential uses.
(a) Townhouse buildings.
(b) Apartment house.
(c) Upper-story residential uses above nonresidential uses.
(d) Live/work units for artisans, professionals and service providers, provided that the work area
does not exceed 50% of the floor area of the dwelling unit.
(e) Accessory uses on the same lot with and customarily incidental to any of the above permitted
uses, including surface parking and parking structures.
(f)
Any use of the same general character as any of the uses hereinbefore specifically permitted,
(2) Nonresidential uses.

(a) Retail sales, excluding a drive-through facility.
(b) Hotel.
(c) Theater.
(d) Full-service restaurants excluding a drive-through facility.
(e) Bakery, confectionery or custom shop for the production of articles to be sold at retail on the
premises, excluding a drive-through facility.
(f)
Personal service shop, including tailor, laundry, dry cleaning, (excluding on-site cleaning
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operations) barber, beauty salon, shoe repair or similar type use, excluding a drive-through
facility.
(g) Bank or other financial institution, excluding a drive-through facility.
(h) Transit facilities.
(i)
Business service facilities, including copy centers and job printing operating on a retail sales
level, excluding a drive-through facility.
(j)
Real estate sales and travel agency.
(k) Business and professional office.

(l)
Adult or child day care.
(m) Nursery school or similar nonresidential use for more than six children.
(n) Public gathering space, park, or plaza.
(o) Municipal parking structure with a use exclusively limited to passenger vehicles or vehicles
having a gross vehicle weight rating of no greater than 7,500 pounds.
(p) Accessory use on the same lot with and customarily incidental to any of the above permitted
uses, including aboveground or below ground parking structures and excluding drive-through
facilities.
(q) Any use of the same general character as any of the uses hereinbefore specifically permitted,
but specifically excluding off-track betting parlors, slot parlors and other gaming uses.
(r) Storage use, as an accessory use to any permitted use, provided that the storage area does
not occupy more than 10% of the total floor area.
155-219B(2)(a) through (i) listed above.
mixed-use building.
can be phased, and shall include both nonresidential and residential occupancies as listed under
155-219B. No single use fronting on Bala Avenue or City Avenue shall occupy more than 80% of
the total gross floor area of the buildings on the subject lot(s) in a multiple-use development. For
purposes of calculating the use limitation above, accessory parking shall not be included.
C.
Dimensional standards for development.

(1) Building area. The building area shall be limited as follows:
(a) Single-use buildings. The building area is limited to 70% of the net lot area.
(b) Mixed-use buildings or multiple-use development. The building area is limited to 80% of the
net lot area.
(2) Build-to-line.
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(a) The primary front facade of a building in the BV on City Avenue and Bala Avenue between
Union Avenue and City Avenue shall be located a minimum of 20 feet and a maximum of 25
feet from the curbline (Figure 15).
Figure 15 - Build to Line for Facades on City Avenue and Bala Avenue between
Union Avenue and City Avenue
(b) The primary front facade of a building in the BV on Bala Avenue between Union Avenue and
Montgomery Avenue shall be located a minimum 15 feet and a maximum of 20 feet from the
curbline (Figure 16).
Figure 16 - build-to-line for Facades on Bala Avenue between Union Avenue and
Montgomery Avenue
(c) The build-to-line shall be measured from the curbline shown on the approved development
plan.
(d) The primary pedestrian access point to buildings shall be located on one or more primary
front facades, rather than on the rear or side of the building, unless approved by the Board of
Commissioners by conditional use. Secondary access points may be located along other
facades. In addition to the conditional use standards in 155-141.2, the following standards
shall apply if the primary pedestrian access point is not located along the primary front
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facade:
[1] The applicant must demonstrate that the primary pedestrian access point to the
buildings may not feasibly be located along the primary front facade.
[2] The primary pedestrian access point shall be accessible by a public walkway.
[3] The primary pedestrian access door(s) shall meet the minimum glass requirements set
forth in the architectural design standards.
(e) Parking lots, driveways, loading/unloading zones and other auto-related areas are prohibited
at or in front of the building. Such access driveways shall not pass in front of the building,
except as noted below:
[1] The primary pickup and dropoff area for hotel guests.
[2] Transit facilities, limited to passenger waiting areas and pickup and dropoff areas.
(f)
Features such as overhangs, bays, upper floor balconies, loggias, pergolas and similar
architectural features placed on the front (street facing) side of the building may extend
beyond the build-to-line, up to three feet.
(g) The build-to-line may be extended as follows:

[1] Up to 20 feet farther from the curbline if the additional area is used as outdoor dining.
[2] Up to 20 feet farther from the curbline where a public gathering space is provided
between the build-to-line and the building entrance, subject to compliance with 155219E(1).
(3) Side yards.
(a) Minimum. Where a shared party wall exists with the adjoining property, there shall be no
required side yard setback. Where a shared party wall does not exist, the minimum side yard
setback shall be 10 feet and a maximum of 15 feet from the side lot line.
(b) The maximum dimension of the side yard setback may be increased up to 25 feet from the
side lot line, where the side yard includes a vehicular driveway.
(c) For a lot immediately contiguous to a residential use in a residential zoning district, the side
yard abutting the residential use shall be at least 25 feet.
(4) Rear yards.
(a) When a new, expanded or redeveloped building is on a lot that backs up to a commercially
zoned lot or railroad right-of-way, a rear yard setback is not required. The lot must comply
with the minimum buffer requirements.
(b) When a new, expanded or redeveloped building is on a lot that backs up to a residentially
zoned lot, the rear yard setback is 25 feet. The lot must also comply with the minimum buffer
requirements.
(5) Impervious surface.
(a) Single-use buildings. The impervious surface is limited to 80% of the lot.
(b) Mixed-use buildings or multiple-use developments. The impervious surface is limited to 90%
of the lot.
(6) Greening standards. The greening standards set forth in Chapter 135, Subdivision and Land
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Development, at 135-41.4 shall apply.

(7) Building height.
(a) The maximum height of any building along City Avenue shall be 65 feet.
Figure 17 - Building Height along Bala Avenue between North Highland Avenue and
Montgomery Avenue and on all properties located between Bala Avenue and the
Cynwyd Rail Line.
(b) The maximum height of any building in the Bala Village District between North Highland
Avenue and Montgomery Avenue shall be 60 feet. A minimum six-foot step back from the
primary front facade is required on the portion of the building above 38 feet when the
building fronts on Bala Avenue (Figure 17).
(c) The maximum height of any building located between Bala Avenue and the Cynwyd Rail Line
from City Avenue to Montgomery Avenue shall be 60 feet. A minimum six-foot step back
from the primary front facade is required on the portion of the building above 38 feet when
the building fronts on Bala Avenue (Figure 17). The maximum height of a building in this area
may be increased as follows:
[1] The maximum height may be increased to 65 feet, provided that the step back at 38
feet is increased to eight feet.
(d) The maximum height of any building within the BV District along the westerly side of Bala
Avenue between Aberdale Road and North Highland Avenue shall be 49 feet. A minimum sixfoot step back from the primary front facade is required on the portion of the building above
38 feet when the building fronts on Bala Avenue (Figure 18).
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Figure 18 - Building Height along Bala Avenue between Aberdale Road and North
Highland Avenue
(8) Floor area ratio (FAR).
(a) Base FAR in the BV shall be 1.25. Total FAR with density increases as set forth in 155-219E
may not exceed 2.
(9) Buffer area.
(a) Where a BV commercial development abuts a residential use in a residential zoning district
along a side or rear property line, there shall be a buffer area of at least 20 feet.
(b) Where a BV commercial development abuts a railroad right-of-way with a residential district
on the opposite side of the railroad, there shall be a buffer area of at least 10 feet.
(c) 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 or along a parking lot or parking structure, 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.
(d) There may not be more than one vehicular point of ingress and egress through the buffer
area to any street. Such point of vehicular ingress/egress driveway shall not exceed 22 feet in
width.
D.
Parking and loading requirements. The parking, service and loading, and traffic impact study
requirements provided in 155-217D shall also apply in the BV, except as noted below.
(1) In addition to the off-site parking standards in 155-217D(4)(b), off-site parking may also be
provided as follows:
(a) If adequate on-site parking is not available, the parking requirements may be met by
designating public parking spaces within 1,000 feet of the proposed use. Each public parking
space may only be counted once when this parking provision is utilized. A maximum of 50
parking spaces in public parking lots may be designated under this section for new or
expanded buildings. If public parking spaces are designated for dwelling units, the required
parking shall be no less than one space per unit.
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E.
Density increase. The purpose of this section is to encourage the provisions of amenities to benefit the
public health, safety and welfare, including; adequate open space and public gathering space; efficient
roadways; safe bicycle and pedestrian connections and transit facilities; and the preservation of historic
resources. The density authorized in this article may be increased as shown on Table 3 and as described
in this section, subject to the provisions listed below. The density increases listed below may be
cumulative.
TABLE 3: FAR Density Increase
Increase
Section
Amenity
Initial Increase
OSTI1
Total Increase
155-219E(1)
Public gathering space (PGS)
0.15
0.05
0.2
155-219E(2)
Residential single-use or
0.25
0.05
0.3
mixed-use where primary use
is residential
155-219E(3)
Mixed-use building or
NA
0.05
0.05
multiple-use development
155-219E(4)(a)
Underground parking
0.5
0.05
0.55
155-219E(4)(b)
Wrapped parking
0.25
0.05
0.3
155-219E(5)(a)
Transit facility improvements
0.05
0.05
0.1
155-219E(6)
Historic preservation
0.1
0.05
0.15
155-219E(7)
OSTI1
0.2
0
0.2
155-219E(8)
Sustainable design (Reserved)
Reserved
Reserved
Reserved
155-219E(9)
Affordable housing (Reserved)
Reserved
Reserved
Reserved
1OSTI is an off-site traffic improvement
(1) Density increase for public gathering space. If an application includes public gathering space on the
lot, the allowable density may increase by an FAR of 0.15 subject to compliance with the
requirements listed below. The 0.15 FAR may be increased by 0.05, to a maximum of 0.2, where
the applicant installs off-site traffic improvements as determined by the Township or contributes
to a City Avenue Transportation Services Area Fund held by the Township in accordance with
155-219E(7)(a) through (c) below. The public gathering space shall be maintained by the
property owner. The amount of density increase shall be noted on the plan and recorded in the
deed. No portion of the public gathering space may be dedicated to a specific tenant.
(a) The public gathering space shall be designed and located so as to achieve the purpose of this
subsection as stated above and shall comply with the requirements detailed in Subsection
E(1)(b) through (f) below.
(b) The maximum number of separate public gathering spaces on any lot is two.
(c) Size of the public gathering space. A minimum of 5% of the lot area shall be used as public
gathering space.
(d) Design of public gathering space.
[1] A rain garden shall be provided. No more than 30% of the public gathering space may be
devoted to a rain garden use.
[2] A minimum of 30% of the public gathering space shall be landscaped with trees, shrubs,
and mixed plantings with year-round interest.
[3] The hard surface area of the public gathering space shall be paving materials, such as
unit pavers, paving stones, or concrete. No more than 20% of the public gathering space
may be concrete. If the concrete in a public gathering space is stamped concrete
providing the appearance of unit pavers or paving stones, the maximum area of stamped
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concrete shall be 30%.

[4] The public gathering space shall not be used for parking, loading, or vehicular access.
[5] The area of the public gathering space or the plantings within the public gathering space
shall not be used to demonstrate compliance with the greening standards.
[6] Public gathering space may include ornamental fountains, stairways, waterfalls,
sculptures, arbors, trellises, planted beds, drinking fountains, benches, awnings, canopies
and similar structures.
[7] One bicycle space shall be provided for every 300 square feet of public gathering space.
(e) Location of public gathering space. The public gathering space shall be located where it is
visible and accessible from either a public sidewalk or pedestrian connection. The public
gathering space shall connect with existing or proposed public gathering spaces on abutting
properties, where feasible. Public gathering space may be located along a street and is
encouraged to be located between buildings or within an inner or outer court. Location of a
public gathering space adjacent to a parking lot is discouraged.
(f)
The design and size of the public gathering spaces may be modified, subject to conditional
use approval from the Board of Commissioners. In addition to the conditional use standards in
155-141.2, the following standards apply:
[1] Where a children's play area consisting of playground equipment and/or spray fountains
is provided, the minimum area devoted to landscaping and rain gardens may be reduced
by up to 30%.
(2) Density increase for single-use residential buildings or mixed-use buildings or multiple-use
developments where the primary use is residential.
(a) The allowable density may be increased by a FAR of 0.25.
(b) The allowable density may be increased by an additional FAR of 0.05 up to a total FAR of 0.30
where the applicant installs off-site traffic improvements as determined by the Township or
contributes to a City Avenue Transportation Services Area fund held by the Township in
(3) Density increase for mixed-use buildings or multiple-use developments. The allowable density may
be increased by up to a FAR of 0.05 where the applicant installs off-site traffic improvements as
held by the Township in accordance with 155-219E(7)(a) through (c) below.
(4) Density increase for underground and/or wrapped parking structures.
(a) Underground parking structure. The allowable density may be increased by a FAR of 0.5 for a
development where parking is underground.
0.55 where the applicant installs off-site traffic improvements as determined by the
Township or contributes to a City Avenue Transportation Services Area Fund held by
the Township in accordance with 155-219E(7)(a) through (c) below.
(b) Wrapped parking structure. The allowable density may be increased by up to a FAR of 0.25 for
a development where a minimum of 75% of the facade of the parking structure facing a
street is positioned behind a building with an active use complying with the development
design standards in 155-219F. Such active uses may be either directly attached to the
parking structure, or separated by an interior court or service lane.
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0.30 where the applicant installs off-site traffic improvements as determined by the
(c) Where the required parking is split between a wrapped parking structure, an underground
parking structure and surface parking, this density increase shall be prorated based on the
percentage of the required parking in the underground parking structure and the wrapped
parking structure.
(5) Density increase for transit facility improvements. The applicant must submit documentation from
the appropriate transit authority approving the design and location of the transit improvements to
attain the increases listed below.
(a) The allowable density may be increased by up to a FAR of 0.05 for a development where
accommodations to encourage mass transit are provided. Such accommodations include the
construction of new bus shelters along a public roadway and/or the installation of electronic
mass transit schedule boards.
[1] The allowable density may be increased by an additional FAR of 0.05 to a total FAR of 0.1
where the applicant installs off-site traffic improvements as determined by the
(6) Density Increase for Historic Preservation. The allowable density may be increased by up to a FAR
of 0.1 for a development where a resource listed on the Township Historic Resource Inventory is
preserved or renovated in compliance with the Secretary of the Interior's Standards.
(a) The allowable density may be increased by an additional FAR of 0.05 to a total FAR of 0.15
where the applicant installs off-site traffic improvements as determined by the Township or
contributes to a City Avenue Transportation Services Area Fund held by the Township in
(7) Density increase for off-site traffic improvements. The allowable density may be increased by a
FAR of up to 0.2 for a development where the applicant installs off-site traffic improvements as
held by the Township subject to the following provisions:
(a) Roadway improvements shall comply with the 2010 Transportation Capital Improvements
Plan prepared for the City Avenue Transportation Services Area. The Township may also
authorize improvement of intersections or roadways outside the district that are impacted by
the proposed development.
[1] When the applicant is installing the roadway improvement, the Township Engineer shall
determine the scope of the roadway improvements installed.
[2] Construction cost estimates demonstrating compliance with Subsection E(7)(c) below
shall be provided by the applicant and approved by the Township Engineer.
(b) When a fee-in-lieu of the improvements is made, the funds shall be administered in
accordance with the provisions established in 135-66 of the Subdivision and Land
Development chapter.
(c) The cost of the improvements shall be calculated as noted below:
[1] The off-site traffic improvements or payment in-lieu shall equal $1.65 per square foot
generated by the total additional floor area constructed under 155-219E(1) through
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(6).
(8) Sustainable design. (Reserved)
(9) Affordable housing. (Reserved)
F.
Development design standards.

(1) Purpose and applicability.
(a) The purpose of this subsection is to require pedestrian-oriented buildings and to require
building entrances to be oriented toward the streets, sidewalks and/or public accessways.
Windows must facilitate views into and out of buildings. Requirements for orientation and
primary entrances are intended to:
[1] Provide for convenient, direct and accessible pedestrian access to and from public
sidewalks, and transit facilities;
[2] Provide a safe, efficient and enjoyable pedestrian experience by connecting buildings in
the BV; and
[3] Promote use of pedestrian and transit modes of transportation.
(b) New, expanded and renovated (exterior only) 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 the Bala
Cynwyd area of Lower Merion.
(c) All new and expanded buildings, and rehabilitated buildings, where such rehabilitation is equal
to or exceeds 50% of the existing area of the building, shall comply with the development
design standards in 155-219F(2) through (4) below. Properties listed on the Lower Merion
Township Historic Resource Inventory shall, in the alternative, be subject to the Secretary of
the Interior's Standards if the development design standards conflict with the Secretary of
the Interior's Standards. In such case, the Secretary of the Interior's Standards shall apply.
(2) Compliance. A design manual shall be submitted in conjunction with a development or permit
application demonstrating how the development will comply with the development design
standards. The design manual shall include samples and at least two copies of the following items:
(a) Site plan drawn to scale;
(b) Building elevations drawn to scale;
(c) Colored rendering;
(d) Landscape plan; and
(e) Current photographs of the site.
(3) Building orientation and primary entrance.
(a) Building access.
[1] Buildings shall be designed with windows, public access points and signage facing the
[2] Primary building entrances shall be articulated and visible from the street.
[3] 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
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between the lots. The goal is to gain parking efficiencies, reduce the number of access
points crossing pedestrian pathways and improve internal vehicular circulation patterns
and external access into the site.
[4] If a single lot is redeveloped, any new vehicular access point shall be located on a side lot
line and shared with adjacent lots, where feasible.
(4) Architectural design standards. (NOTE: Appendix to be included in future amendments.) The
architectural design standards have been incorporated into this district to ensure that the
character of new buildings relates to the scale and character of the existing commercial buildings
and creates a pedestrian-friendly environment.
(a) Buildings with active uses, including wrapped garages.
[1] The visual mass of all buildings shall be deemphasized through the use of architectural
and landscape elements, including form, architectural features and materials, to reduce
their apparent bulk and volume, to enhance visual quality and contribute to human-scale
development.
[2] The ground floor of the primary front facade shall contain a minimum of 60% clear
windows and doors. Smoked, reflective, tinted or black glass in windows is prohibited.
Glass shall have a minimum light transmittance of 0.75.
[a] Required window areas must be either windows that allow views into work areas or
lobbies, pedestrian entrances or merchandise display windows.
[3] Any ground floor walls with less than 25% of clear windows shall be articulated by two or
more of the following:
[a] Articulation of the facade plane, and/or changes in materials;
[b] If the building is occupied by a commercial use, display window cases;
[c] For aboveground parking garages, by landscaping or screening of openings such
that the majority of the view of the interior is obstructed.
[4] Second story and above of primary front facades, shall contain a minimum of 20% of the
facade as clear windows. Glazing shall have a minimum light transmittance of 0.75.
[5] Exterior wall materials shall be durable high-quality materials and may include brick,
stone, stucco, and wood. Cement fiber siding on any portion of a building over three
stories or 38 feet in height, whichever is less, vinyl and aluminum siding, and T-111 or
other similar plywood siding is prohibited. Except on side or rear walls, not visible from
any public way, concrete block shall be prohibited.
[6] All roof-top mechanical equipment, including antennas, shall be screened visually and
[7] 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.
[8] A wrapped parking structure shall include a development where a minimum of 75% of
the facade of the perimeter of the parking structure facing a street is positioned behind
a building with an active use.
(b) Vertical articulation. The massing of all buildings shall be deemphasized through vertical
articulation, such as the use of projecting and recessed elements, including porches, bay
windows, balconies and roof dormers to reduce overall bulk and volume, enhance visual
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quality and contribute to human-scale development. The depth of such articulation shall be a
minimum of two feet zero inches. Such vertical articulation shall occur at a minimum fiftyfoot interval.
(c) Horizontal articulation. The massing of all buildings shall be deemphasized through the use of
horizontal articulation, including articulation of the line between the ground floor and upper
levels with a cornice, arcade, canopy, and other visual device.
(d) The Board of Commissioners may, by conditional use, 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.
(e) Public walkways shall:
[1] Be constructed of brick, concrete pavers, stone, exposed aggregate concrete or integral
colored concrete.
[2] Have a minimum unobstructed width of eight feet not including a four-foot hard
landscaped strip to be maintained by the property owner at the curbline. The four-foot
strip at the curbline shall be paved with unit pavers or similar decorative materials.
[3] Create a completely linked network of walkways connecting transit stops, commercial
centers, institutional facilities and residential uses including parks and other open space
areas.
[4] Permit outdoor seating for food and drink establishments and pedestrian-oriented
accessory uses and other appropriate street furniture, including sales display for flowers,
small shops, and food or drink stands in the area between the build-to-line and public
walkway, provided that the minimum unobstructed walkway is maintained.
G.
Signs in the BV. In the BV, the regulations of 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:
(1) Maximum signage square footage.
(a) The total area of all flush-mounted and awning signage for each building tenant shall not
exceed one square foot for each foot of linear building frontage.
(b) The height of the letters on the signage shall be limited to 12 inches.
(c) Any lot of a 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.
(2) Fabrication techniques.
(a) 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.
(b) No exposed conduit, tubing, or raceways will be permitted.
(c) All conductors, transformers, ballasts, and other equipment shall be concealed.
(d) All attachment hardware, bolts, and clips shall be of corrosion-resistant materials, to prevent
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(e) Formed plastic, injection-molded, or easily damaged signage materials are not permitted.
(f)
Location of all openings for conduit and sleeves in sign panels of a building shall be indicated
by the sign contractor on drawings submitted to the Township.
(g) Installation shall be in accordance with the approved drawings.

(h) 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.
(i)
Cinemas and libraries are allowed to have digital/electronic or changeable letter signs.
(j)
All sign lighting must comply with the energy code adopted under the Pennsylvania Uniform
Construction Code.
(3) Prohibited signs and conditions. The following signs are not permitted:
(a) Backlit or internally illuminated awnings.
(b) Translucent internally illuminated sign faces with a backlit background.
(4) Flush-mounted signage; letters or marks mounted parallel to the building's facade that are either
mounted as individual letters, or contained in a signed panel. The following standards shall apply:
(a) Maximum area of sign: 30 square feet per sign.
(b) Number of signs: one per tenant 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.
(c) Mounting height: maximum of 20 feet, provided that 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 the following condition exists:
[1] Where there is a second floor commercial tenant 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.
(d) Depth of sign. Wall signs must not project more than 12 inches from the building wall.
(e) Method of illumination shall include:
[1] Natural lighting;
[2] Exterior lighting, lit from above;
[3] Halo-lit or backlit letters.
(5) Blade and shingle signage. A shingle sign is mounted perpendicular to a building's facade, 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 facade using a rigid mounting bracket. The
following standards shall apply:
(a) Maximum area of sign: 20 square feet.
(b) Number of signs: one per ground floor establishment, plus one for any public building
entrance not serving a ground floor establishment. All signs shall be centered within
architectural elements.
(c) Mounting height: maximum of 20 feet provided that 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
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of vertical clearance above grade or sidewalk.

(d) Maximum projection from building face: five feet.
(6) Banner signage; fabric or rigid material mounted with use of poles, typically oriented
perpendicular to structure facade.
(a) Area of banner: less than or equal to 25 square feet.
(b) Banners shall be spaced no closer than 20 feet apart, and centered within architectural
elements.
(c) Projection. Banners shall not project more than three feet into the public right-of-way. Such
banners shall not project into the cartway and shall be located a minimum of two feet six
inches from the face of the curb.
(d) 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.
(e) Only one banner sign is permitted per property.
(7) Freestanding signs.
(a) Freestanding signs existing as of September 17, 2014, may be replaced, except for change of
use.
(b) 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.
(8) Awnings and canopies. Awnings and canopies are roof-like structures, above storefront windows or
(a) Length. Awnings and canopies shall not exceed 20 feet in horizontal length and be centered
within architectural elements, such as doors or columns.
(b) Projection. Awnings and canopies shall not project more than five feet into the public rightof-way, except where located above a main building or store entrance facing a public
sidewalk, in which case the maximum projection shall not exceed 10 feet. All awnings and
canopies must be a minimum of three feet from the curbline.
(c) Mounting height. The bottom of awnings and canopies shall be at least eight feet above
grade or sidewalk, except in the case of a movable valance which may be seven feet above
grade or sidewalk.
(d) Illumination. Natural lighting only; backlit awnings are not permitted.
(e) Design. On multitenant facades, 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.
(f)
Fabrication. Awnings and canopies shall be made of fire resistant canvas.
(g) All ground floor awnings and canopies or those that project into a street right-of-way must be
retractable.
(h) Fixed awnings may be used above the ground floor, provided that they project no more than
four feet maximum.
284/285
11/24/2014
(9) 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:
(a) Area of sign: up to six square feet in area, not projecting more than three inches from a
building wall.
(b) Number of signs: two per usable entry.
(c) Mounting height: five feet on center above grade or sidewalk.
(d) Illumination. Natural lighting only is permitted, except for halo lit or backlit letters.
(10) Permanent storefront window graphics. These are permanent window graphics with the tenant's
mark or hours of operation. The following standards shall apply:
(a) 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.
H.
Utilities.
(1) All new electric, telephone and cable lines and building services shall be underground or new
developments and additions.
285/285

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Township of Lower Merion, PA

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Chapter 155. ZONING

Article I. General Provisions

This chapter is enacted for the following purposes:

Township of Lower Merion, PA

Furthermore, this chapter is designed and intended:

155-3. Construal of provisions.

Article II. Definitions

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

COMMUNITY ART CENTER

Township of Lower Merion, PA

nursing units on a limited basis as follows:

Township of Lower Merion, PA

[Added 3-15-2000 by Ord. No. 3560]

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

The first floor of a building other than a cellar or basement.

Township of Lower Merion, PA

(1) NONTRAFFIC HOME OCCUPATION

Township of Lower Merion, PA

INDOOR ENTERTAINMENT FACILITIES

LOT AREA - NET COMMERCIAL

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

Township of Lower Merion, PA

3776; 5-10-2006 by Ord. No. 3777; 9-25-2006 by Ord. No. 3792]

Township of Lower Merion, PA

Township of Lower Merion, PA

SPECIAL EDUCATION SCHOOL

Township of Lower Merion, PA

STUDENT RESIDENCE HALL

Township of Lower Merion, PA

Township of Lower Merion, PA

Article III. Classification of Districts

Township of Lower Merion, PA

155-6. Zoning Maps.

155-7. District boundaries.

Township of Lower Merion, PA

155-8. Boundary tolerances.

155-9. Federal-, state-, and Township-owned property.

Article IV. R AA Residence Districts

155-11. Use regulations.

Single-family detached dwelling.

Township of Lower Merion, PA

Tilling of the soil.

Greenhouse as an accessory use.

Editor's Note: Said map is on file in the Township offices.

Township of Lower Merion, PA

Telephone central office.

Municipal building and municipal use.

Railway passenger station and bus passenger station.

Nontraffic and minor home occupations, subject to the following requirements:

Township of Lower Merion, PA

and artwork produced on the premises, shall be maintained on the premises.