A. 
Uses shall be as defined in § 155-2.1, Definition of terms.
B. 
Uses permitted in a building or on a lot are limited by zoning district, and shall be in compliance with Table 5.1, Uses.
C. 
A use identified by the letter "P" means the use is permitted by right, with no additional regulations.
D. 
A use identified by the letter "R" means the use is permitted by right subject to additional regulations. It is subject to the following conditions:
(1) 
Compliance with the supplemental use regulations in Table 5.3, Use Regulations.
(2) 
A regulated use is subject to administrative approval by the issuance of a zoning permit by the Zoning Officer pursuant to the provisions of § 155-11.1E hereof.
E. 
A use identified by the letter "S" means the use must be authorized by special exception. It is subject to the following conditions:
(1) 
Compliance with the supplemental use regulations in Table 5.3, Use Regulations.
(2) 
Compliance with the approval criteria of Article XI, Process and Procedures.
(3) 
Compliance with the procedural and submission requirements in Article XI, Process and Procedures.
(4) 
A use permitted by special exception requires the approval of the Zoning Hearing Board.
F. 
A use identified by the letter "C" means the use must be authorized by conditional use. It is subject to the following conditions:
(1) 
Compliance with the supplemental use regulations in Table 5.3, Use Restrictions.
(2) 
Compliance with the approval criteria of Article XI, Process and Procedures.
(3) 
Compliance with the procedural and submission requirements in Article 11, Process and Procedures.
(4) 
A use permitted by conditional use requires the approval of the Board of Commissioners.
G. 
A use identified by more than one letter and/or approvals means that an aspect or a type of the use is permitted subject to additional regulations. It is subject to the following conditions:
(1) 
Compliance with the supplemental use regulations in Table 5.3, Use Regulations.
(2) 
A regulated use is subject to administrative approval by the issuance of a use permit by the Zoning Officer.
A. 
In LDR and MDR Districts, only one principal use shall be permitted on a lot.
B. 
Any use of the same general character as any of the uses specifically permitted by right in the zoning district shall be permitted, subject to compliance with§ 155-11.2G.
C. 
Any use permitted by special exception or conditional use can only be expanded in like manner and upon issuance of a zoning permit.
D. 
Any use permitted by special exception or conditional use shall be subject to the dimensional requirements of the zoning district in which it is located, unless specified otherwise.
E. 
Permitted uses within Class 1 and Class 2 Historic Resources shall be in compliance with the permitted uses in Table 7.1.1, Historic Resource Uses, regulated use requirements in Table 5.3, Use Regulations, and supplemental regulations in Article X, Supplemental Use Regulations.
F. 
An accessory use shall be permitted, subject to the following conditions:
(1) 
The accessory use is on the same lot with a principal use.
(2) 
The accessory use is secondary in scale and intensity to the principal use.
(3) 
The area occupied by the accessory use may not exceed 50% of the area occupied by the principal use.
G. 
Separation requirements. Certain uses, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others 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, as shown in Table 5.3, Use Regulations.
H. 
Total floor area for use limitations shall exclude uninhabitable basements, attics, and garages as part of the total calculation.
I. 
It is the intent of this article 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.
Interpretation of uses falls under the authority of the Zoning Officer who shall administer this Zoning Code in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to the provisions hereof.
All nonconforming uses are regulated by § 155-10.12.
Temporary structures such as tents, construction trailers, travel trailers, recreational vehicles, and other temporary structures shall only be allowed as per Township Code, Chapter 62 and/or Chapter 92.
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.
Zoning permits shall be required and issued pursuant to the provisions of § 155-11.1E.
Table 5.1. Uses
[Amended 4-19-2023 by Ord. No. 4267; 11-29-2023 by Ord. No. 4283]
Key:
LDR = Low Density Residential
P = Permitted use
MDR = Medium Density Residential
R = Regulated use
NC = Neighborhood Center
C = Conditional use
VC = Village Center
S = Special exception
TC = Town Center
I = Institutional
LI = Light Industrial
MC = Medical Center District
BMMD = Bryn Mawr Medical District
RHR = Rock Hill Road District
BMV = Bryn Mawr Village District
CAD = City Avenue District
Uses
LDR
MDR
NC
VC
TC
I
LI
MC
BMMD
RHR
BMV
CAD
Residential
Single-family housing (detached)
P
P
(3)
P(6)
R(7)
Duplex/twin
P
(3)
P(6)
R(7)
Quad
P(1)
(3)
Row house
P(1)
(3)
P(6)
P/R
R
Multifamily (small)
P(1)
R
R
R
(3)
R
P/R
R
Multifamily (large)
P(2)
R
R
(3)
R
R
P/R
R
Multifamily (low-income)
R(12)
Live-work
P(1)
P
P
P
P
R(7)
R
Alternative housing for the elderly
S
S
(3)
Shared residence for the elderly or disabled
R
R
R
R
R
(3)
R
R
R(7)
Community residential facility
R
R
P
P
P
P
P
P
P
P
P
Adult day-care
C(2)
P
P(8)
Long-term-care
S(1)
(3)
P
R(7)
Trailer camp and mobile homes
P
Lodging
Bed-and-breakfast
P
P
P
P(7)
P
Hotel
P
P
P
P
R(5)
P
P(7)
P
Student housing
S
S
R
R
R
R
S
Commercial
Adult entertainment
R
Auto-related services
R
R
R
R
Food and beverage
R
R
R
R
R
R(7)
R
Federal firearms licensee
C(11)
C
C
C(9)
Health and medical
P
P/R
R(4)
P
P
Day-care
P
P
P
(3)
P
P
P
P
Office
R
R
R
P
R(4)
P
C/R(7)
P
Open air retail
R
R
R
R
P(7)
Place of assembly
P
P
P
P
P
P(7)
P(8)
Retail
P
P
P
P
P(4)
P
P(7)
R
Specialized retail
P/R
P/R
P/R/S
R
P/R(4)
R
P/R(7)
R(9)
Mixed use
R
R
R
R
R
R
R
Institutional
Cemetery (nature preserve)
(3)
Environmental (nature preserve)
(3)
Recreation establishment
P
P
P
(3)
P
P(4)
Religious
S
S
P
P
P
(3)
S
Institutional residential
S
S
(3)
College/university
(3)
C(10)
Private school
(3)
C(10)
Public school
R
R
P
P
P
(3)
P
R
R
R
R
Continuing-care facility (CCF)
(3)
Hospital
P
P
Civil Support
Infrastructure (com. power, water)
P
P
P
P
P
P
Municipal service
P/C
P/C
P/C
P/C
P/C
P
P
P/C
P/R(8)
Public parking
P
P
P
P
P
P
P
P
Solid waste
P
Transit
P
P
P
P
P
P
P(7)
P
Industrial
General industrial
R
Storage and distribution
R
Agriculture
General agriculture
P
P
Tilling of soil
P
P
P
P
P
(3)
P
P
P
P
P
P
NOTES:
(1)
MDR 2 and 3 only
(2)
MDR 3 only
(3)
See Table 5.2, Uses for Institutions.
(4)
BMMD 3 only
(5)
BMMD 1 only
(6)
BMMD 2,3
(7)
BMV 1,3,4
(8)
CAD-BV only
(9)
CAD-RCA only
(10)
BMV2 only
(11)
TC2 only
(12)
MDR 2 only
Table 5.2. Uses for Institutions
Key:
P = Permitted use
IN = Institution Nature Preserve
R = Regulated use
IC = Institution Civic
C = Conditional use
IE = Institutional Education
S = Special exception
IH = Institutional Housing
Use
IN
IC
IE
IH
Use Regulation
Residential
Single-family housing (detached)
P
P
P
P
Shall be located in an existing residential structure only
Duplex
R
R
R
R
Maximum 2 dwelling units in an existing residential structure only
Twin
R
R
R
R
Maximum 2 dwelling units in an existing residential structure only
Multifamily (small)
C
C
C
C
The property shall be listed on the local Historic Resource Inventory and shall be in compliance with § 155-7.1, HROD Historic Resources Overlay District.
Multifamily (large)
C
C
C
C
The property shall be listed on the local Historic Resource Inventory and shall be in compliance with § 155-7.1, HROD Historic Resources Overlay District.
Alternative housing for the elderly
P
P
Shall be in compliance with § 155-10.2 Alternative housing options for elderly, or § 155-10.3, Shared residences for elderly or disabled.
Long-term-care facility
R
R
See additional use regulations in § 155-4.4F(4).
Student housing
R
See Table 5.3, Use Regulations.
Institutional
Cemetery (nature preserve)
P
P
Environmental (nature preserve)
R
R
R
R
See Table 5.3, Use Regulations.
Golf club
P
Recreational establishments
R
See Table 5.3, Use Regulations.
Religious
P
Institutional residential
R
R
R
See additional use requirements in § 155-4.4F(7).
College/university
P
See additional use requirements in § 155-4.4F(5).
Private schools
P
See additional use requirements in § 155-4.4.F(6).
Public schools
R
R
P
R
See § 155-4.4C(7), Table 4.4.3.B, and Table 5.3.
Continuing-care facility (CCF)
P
See additional use requirements in § 155-4.4.F(3).
Cultural and recreational institutional accessory use
R
R
R
See Table 5.3, Use Regulations.
Agriculture
Tilling of soil
P
Table 5.3. Use Regulations
Use
Use Permit-ted
LDR1
LDR2
LDR3
LDR4
Residential
Alternative housing for the elderly
S
Shall only be authorized as a special exception subject to the following regulations:
(1)
Shall be in compliance with supplemental regulations in § 155-10.2, Alternative housing options for elderly
(2)
In a Class 1 Historic Resource, shall only be authorized as a conditional use, subject to the requirements of § 155-10.2, Alternative housing options for elderly
Shared residence for the elderly and disabled
R
Shall be in compliance with § 155-10.3, Shared residences for elderly or disabled
Community residential facility
R
No more than one such use shall be permitted:
(1)
Within 500 feet of another use regulated by this article 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
Lodging
Student housing
S
Student homes shall only be authorized as a special exception, subject to the following regulations:
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit
(3)
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.
(4)
Minimum distance requirement from another approved student housing shall be 20 times the minimum lot width required in the zoning district, or 1,000 feet, whichever is greater, up to a maximum separation of 1,800 feet.
Institutional
Religious
S
Shall only be authorized as a special exception per Article XI
Institutional residential
S
Shall only be authorized as a special exception per Article XI
Public schools
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Civil Support
Municipal service
C
Emergency facilities (ambulance services and fire stations)
(1)
May be authorized as a conditional use, subject to compliance with the requirements of § 155-10.7, Mandated emergency service
Table 5.3. Use Regulations
[Amended 11-29-2023 by Ord. No. 4283; 11-29-2023 by Ord. No. 4283]
Use Permitted
MDR1
MDR2
MDR3
Uses
MDR1
MDR2
MDR3
Residential
Alternative housing for the elderly
S
S
S
Shall only be authorized as a special exception subject to the following regulations:
(1)
Shall be in compliance with supplemental regulations in § 155-10.2. Alternative housing options for elderly
Shared residence for the elderly or the disabled
R
R
R
Shall be in compliance with § 155-10.3, Shared residences for elderly or disabled
Adult day-care
C
Shall only be authorized as a conditional use subject to compliance with supplemental regulations in § 155-10.4, Conversion of building to adult day-care
Live-work
R
R
Only permitted when abutting a property located in a TC District
Community residential facility
R
R
R
No more than one such use shall be permitted:
(1)
Within 500 feet of another use regulated by this article 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
Long-term-care facility
S
S
Shall only be authorized as a special exception subject to the following regulations:
(1)
A minimum lot area of 1,200 square feet shall be provided for each bed.
Low-income multifamily housing
R
Shall be in compliance with supplemental regulations in § 155-10.15, Low-income multifamily housing (LIMH)
Lodging
Student housing
S
S
S
Student homes shall only be authorized as a special exception, subject to the following regulations:
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit
(3)
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.
(4)
Minimum distance requirement from another approved student housing shall be 20 times the minimum lot width required in the zoning district, or 1,000 feet, whichever is greater, up to a maximum separation of 1,800 feet.
In MDR2 and MDR3:
(1)
A maximum of 40% of the dwelling units in a multifamily building may be occupied as student home units, up to a maximum of 5 units.
In MDR1:
(1)
The number of student housing units permitted shall be limited to one per property.
Institutional
Religious
S
S
S
Shall only be authorized as a special exception per Article XI
Institutional residential
S
S
S
Shall only be authorized as a special exception per Article XI
Public schools
R
R
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Civil Support
Municipal service
C
C
C
Emergency facilities (ambulance services and fire stations)
(1)
May be authorized as a conditional use, subject to compliance with the requirements of § 155-10.7, Mandated emergency service
Table 5.3. Use Regulations
[Amended 7-21-2021 by Ord. No. 4223; 2-15-2023 by Ord. No. 4260; 4-19-2023 by Ord. No. 4267; 7-19-2023 by Ord. No. 4275]
Uses
Use Permitted
VC
NC
TC
VC
TC1
TC2
Residential
Multifamily (small)
R
R
R
Multifamily (small) shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Multifamily (large)
R
R
Multifamily (large) shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Shared residence for the elderly or the disabled
R
R
R
Shall be in compliance with § 155-10.3, Shared residences for elderly or disabled
Lodging
Student housing
R
R
R
Student homes shall only be permitted subject to the following regulations:
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit
(3)
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.
(4)
Minimum distance requirement from another approved student housing shall be 1,000 feet.
Commercial
Auto-related services
R
R
R
Auto-repair services are subject to the following regulations:
(1)
Repairs shall be conducted wholly within the building.
(2)
Where repairs occur in an accessory building, the building shall be located at least 40 feet from the rear and side property line.
New and used car lots may be authorized, subject to the following regulations:
(1)
The lot shall be an integral part of the lot on which a motor vehicle sales agency building containing a showroom or showrooms is located.
(2)
When abutting an LDR or MDR Zoning District, a landscape buffer shall be required, as per requirements in Table 4.3, Commercial Center Form Standards.
Shall be in compliance with § 155-10.11, Vehicle lifts
Gasoline stations are subject to the following regulations:
(1)
Minimum 200 feet distance requirement from a gasoline dispensing pump to a building with residential dwelling units
(2)
A gasoline dispensing station shall not be deemed nonconforming through the subsequent erection of a residential unit.
Mixed-use
R
R
R
Mixed-use shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The depth of the space devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Food and beverage
R
R
R
Food and beverage uses shall be permitted subject to the following provisions:
(1)
No on-street parking shall be counted as required parking for food and service take-out restaurants.
Federal firearms licensee
C
TC2 only. Federal firearms licensee, subject to the regulations of § 155-10.14 Federal firearms licensee (FFL).
Office
R
R
R
(1)
Shall be subject to Table 3.5.2, Subsection F, storefront requirements
(2)
Ground floor office is subject to a 100-foot separation in TC1 and VC.
Open air retail
R
R
R
Farmers' markets are subject to the following regulations:
(1)
Operation of the farmers' market shall be limited as follows:
(a)
A maximum of two days per week for six hours each day
(b)
Hours of operation are between 10:00 a.m. and 7:00 p.m., including setup and cleanup.
(2)
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.
(3)
Parking. A minimum of 20 off-street parking spaces for customers shall be available on the lot, in addition to the parking spaces required as per Article VIII, Parking Standards.
(4)
Off-site parking. If adequate on-site parking is not available, the parking requirements may be met by designating parking spaces in an off-street public parking lot located within 1,000 feet of the proposed market.
(5)
Loudspeakers, live music and sound-enhancement devices are prohibited, unless approved as a conditional use.
Specialized retail
R
R
R
Animal hospital is subject to the following regulations:
(1)
Shall front on a primary arterial
(2)
The applicant shall present credible evidence and shall prove to the satisfaction of the Zoning Officer that the soundproofing of the facility is adequate to prevent disturbance of neighboring properties.
S
Commercial garage shall only be authorized as a special exception, subject to the following regulations:
(1)
Shall front on a primary arterial
R
R
R
Medical marijuana dispensary, subject to the regulations of § 155-10.5, Medical marijuana dispensary
Table 5.3. Use Regulations
Uses
Use Permitted
IN
Institutional
Environmental
R
Environmental (nature preserve) or estate preservation lots are permitted subject to the following:
(1)
Shall be in compliance with § 155-4.4, Institutional districts.
(2)
On lots of minimum 25 contiguous acres with frontages on primary, secondary and/or tertiary streets, permitted uses are:
(a)
Preservation, management and/or enhancement of land areas for outdoor passive recreation and/or scenic enjoyment for the benefit of the general public from dawn to dusk only, provided that a conservation easement for the estate preservation lot is approved and recorded by the Township.
(b)
The preservation and/or enhancement of an historic structure, including the adaptive reuse of the historic resource and existing associated structures for historical, environmental, horticultural, cultural, arts, genealogical and musical purposes, provided that a guarantee for the permanent preservation of the principal historic structure is provided.
(3)
Permitted uses are further regulated as follows:
(a)
The adaptive reuse of the principal historic structures and accessory structures may include facilities with associated offices, subject to:
[1]
The number of employees working within the structures is limited to one person per 500 square feet of floor area dedicated to the use, not including the employees employed for the preservation, management and enhancement of the property.
[2]
On-site parking shall be provided as specified in Article VIII, Parking Standards.
(b)
Educational events for the general public, subject to:
[1]
A maximum of 125 daily visitors permitted.
[2]
On-site parking, including visitor parking, shall be provided as specified in Article VIII, Parking Standards.
(c)
Outdoor events with outdoor amplified music, such as special exhibits, fairs, galas, retreats and performances, subject to:
[1]
A maximum of 12 events per year.
[2]
The event hours are limited to between 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and 9:00 a.m. and 11:00 p.m., Friday and Saturday.
[3]
Any amplified sound source shall be directed away from adjacent residences and comply with the Township Noise Ordinance, Chapter 105.
[4]
No activity, including temporary parking, associated with such events can take place within 100 feet of property lines.
[5]
If an event requires more parking than exists at the site, temporary parking may be permitted on the lawn areas on the lot if located more than 100 feet away from any property line. If temporary parking cannot be accommodated on lawn areas on the lot, an off-site parking location shall be provided along with a shuttle service to shuttle attendees to and from the event.
(d)
A maximum of two dwelling units are permitted in each historic structure existing on the date the property was placed on the Historic Inventory. Use of the dwelling units is limited to employees, caretakers or advisors to the entity(ies) using the property for its permitted purposes.
Public schools
R
Public schools are subject to a 150-foot perimeter setback and a 75-foot landscape buffer.
Cultural and recreational institutional accessory use
R
Permitted subject to the following regulations:
(1)
Secondary and subordinate to the primary use.
(2)
Does not alter the character of the property as established by the primary use.
(3)
If a site contains on-site parking facilities, parking and vehicle loading shall be provided on site
(4)
Outdoor recreational hours are limited to between 8:00 a.m. and 8:00 p.m.
(a)
Loudspeakers, live music and sound-enhancement devices are prohibited.
(5)
Institutions shall designate a staff member responsible for oversight of cultural and recreational institutional accessory uses.
Table 5.3. Use Regulations
Uses
Use Permitted
IC
Environmental
R
Environmental (nature preserve) or estate preservation lots are permitted subject to the following:
(1)
Shall be in compliance with § 155-4.4, Institutional districts.
(2)
On lots of minimum 25 contiguous acres with frontages on primary, secondary and/or tertiary streets, permitted uses are:
(a)
Preservation, management and/or enhancement of land areas for outdoor passive recreation and/or scenic enjoyment for the benefit of the general public from dawn to dusk only, provided that a conservation easement for the estate preservation lot is approved and recorded by the Township.
(b)
The preservation and/or enhancement of an historic structure, including the adaptive reuse of the historic resource and existing associated structures for historical, environmental, horticultural, cultural, arts, genealogical and musical purposes, provided that a guarantee for the permanent preservation of the principal historic structure is provided.
(3)
Permitted uses are further regulated as follows:
(a)
The adaptive reuse of the principal historic structures and accessory structures may include facilities with associated offices, subject to:
[1]
The number of employees working within the structures is limited to one person per 500 square feet of floor area dedicated to the use, not including the employees employed for the preservation, management and enhancement of the property.
[2]
On-site parking shall be provided as specified in Article VIII, Parking Standards.
(b)
Educational events for the general public, subject to:
[1]
A maximum of 125 daily visitors permitted.
[2]
On-site parking, including visitor parking, shall be provided as specified in Article VIII, Parking Standards.
(c)
Outdoor events with outdoor amplified music, such as special exhibits, fairs, galas, retreats and performances, subject to:
[1]
A maximum of 12 events per year.
[2]
The event hours are limited to between 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and 9:00 a.m. and 11:00 p.m., Friday and Saturday.
[3]
Any amplified sound source shall be directed away from adjacent residences and comply with the Township Noise Ordinance, Chapter 105.
[4]
No activity, including temporary parking, associated with such events can take place within 100 feet of property lines.
[5]
If an event requires more parking than exists at the site, temporary parking may be permitted on the lawn areas on the lot if located more than 100 feet away from any property line. If temporary parking cannot be accommodated on lawn areas on the lot, an off-site parking location shall be provided along with a shuttle service to shuttle attendees to and from the event.
(d)
A maximum of two dwelling units are permitted in each historic structure existing on the date the property was placed on the Historic Inventory. Use of the dwelling units is limited to employees, caretakers or advisors to the entity(ies) using the property for its permitted purposes.
Recreational establishments
R
Club or lodge/community center/senior center/museum or community art center
(1)
Shall be in compliance with § 155-4.4, Institutional districts.
(2)
Expansions of permitted uses may be authorized, subject to the following regulations:
(a)
Additions are not permitted to exceed 50% of the total existing building area
(b)
Shall have direct access onto a primary, secondary or tertiary street. This requirement shall not apply to properties with a minimum of 10 acres.
Cultural and recreational institutional accessory use
R
Permitted subject to the following regulations:
(1)
Secondary and subordinate to the primary use.
(2)
Does not alter the character of the property as established by the primary use.
(3)
If a site contains on-site parking facilities, parking and vehicle loading shall be provided on site.
(4)
Outdoor recreational hours are limited to between 8:00 a.m. and 8:00 p.m.
(5)
Institutions shall designate a staff member responsible for oversight of cultural and recreational institutional accessory uses.
Table 5.3. Use Regulations
Uses
Use Permitted
IE
Residential
Student housing
R
Student homes shall only be permitted subject to the following regulations:
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit.
(3)
A maximum of 40% of the dwelling units in a multifamily building may be occupied as student home units, up to a maximum of 20 units.
(4)
The student home units shall be leased or owned by a college or university that is an accredited educational institution.
(5)
Parking required for student home units shall be as specified in Table 8.1, Minimum Parking Requirements.
(6)
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.
Environmental
R
Environmental (nature preserve) or estate preservation lots are permitted subject to the following:
(1)
Shall be in compliance with § 155-4.4, Institutional districts.
(2)
On lots of minimum 25 contiguous acres with frontages on primary, secondary and/or tertiary streets, permitted uses are:
(a)
Preservation, management and/or enhancement of land areas for outdoor passive recreation and/or scenic enjoyment for the benefit of the general public from dawn to dusk only, provided that a conservation easement for the estate preservation lot is approved and recorded by the Township.
(b)
The preservation and/or enhancement of an historic structure, including the adaptive reuse of the historic resource and existing associated structures for historical, environmental, horticultural, cultural, arts, genealogical and musical purposes, provided that a guarantee for the permanent preservation of the principal historic structure is provided.
(3)
Permitted uses are further regulated as follows:
(a)
The adaptive reuse of the principal historic structures and accessory structures may include facilities with associated offices, subject to:
[1]
The number of employees working within the structures is limited to one person per 500 square feet of floor area dedicated to the use, not including the employees employed for the preservation, management and enhancement of the property.
[2]
On-site parking shall be provided as specified in Article VIII, Parking Standards.
(b)
Educational events for the general public, subject to:
[1]
A maximum of 125 daily visitors permitted.
[2]
On-site parking, including visitor parking, shall be provided as specified in Article VIII, Parking Standards.
(c)
Outdoor events with outdoor amplified music, such as special exhibits, fairs, galas, retreats and performances, subject to:
[1]
A maximum of 12 events per year.
[2]
The event hours are limited to between 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and 9:00 a.m. and 11:00 p.m., Friday and Saturday.
[3]
Any amplified sound source shall be directed away from adjacent residences and comply with the Township Noise Ordinance, Chapter 105.
[4]
No activity, including temporary parking, associated with such events can take place within 100 feet of property lines.
[5]
If an event requires more parking than exists at the site, temporary parking may be permitted on the lawn areas on the lot if located more than 100 feet away from any property line. If temporary parking cannot be accommodated on lawn areas on the lot, an off-site parking location shall be provided from a nonresidential property along with a shuttle service to shuttle attendees to and from the event.
(d)
A maximum of two dwelling units are permitted in each historic structure existing on the date the property was placed on the Historic Inventory. Use of the dwelling units is limited to employees, caretakers or advisors to the entity(ies) using the property for its permitted purposes.
Cultural and recreational institutional accessory use
R
Permitted subject to the following regulations:
(1)
Secondary and subordinate to the primary use.
(2)
Does not alter the character of the property as established by the primary use.
(3)
If a site contains on-site parking facilities, parking and vehicle loading shall be provided on site.
(4)
Outdoor recreational hours are limited to between 8:00 a.m. and 8:00 p.m.
(5)
Institutions shall designate a staff member responsible for oversight of cultural and recreational institutional accessory uses.
Table 5.3. Use Regulations
Uses
Use Permitted
IH
Institutional
Environmental
R
Environmental (nature preserve) or estate preservation lots are permitted subject to the following:
(1)
Shall be in compliance with § 155-4.4, Institutional districts.
(2)
On lots of minimum 25 contiguous acres with frontages on primary, secondary and/or tertiary streets, permitted uses are:
(a)
Preservation, management and/or enhancement of land areas for outdoor passive recreation and/or scenic enjoyment for the benefit of the general public from dawn to dusk only, provided that a conservation easement for the estate preservation lot is approved and recorded by the Township.
(b)
The preservation and/or enhancement of an historic structure, including the adaptive reuse of the historic resource and existing associated structures for historical, environmental, horticultural, cultural, arts, genealogical and musical purposes, provided that a guarantee for the permanent preservation of the principal historic structure is provided.
(3)
Permitted uses are further regulated as follows:
(a)
The adaptive reuse of the principal historic structures and accessory structures may include facilities with associated offices, subject to:
[1]
The number of employees working within the structures is limited to one person per 500 square feet of floor area dedicated to the use, not including the employees employed for the preservation, management and enhancement of the property.
[2]
On-site parking shall be provided as specified in Article VIII, Parking Standards.
(b)
Educational events for the general public, subject to:
[1]
A maximum of 125 daily visitors permitted.
[2]
On-site parking, including visitor parking, shall be provided as specified in Article VIII, Parking Standards.
(c)
Outdoor events with outdoor amplified music, such as special exhibits, fairs, galas, retreats and performances, subject to:
[1]
A maximum of 12 events per year.
[2]
The event hours are limited to between 9:00 a.m. and 9:00 p.m., Sunday through Thursday, and 9:00 a.m. and 11:00 p.m., Friday and Saturday.
[3]
Any amplified sound source shall be directed away from adjacent residences and comply with the Township Noise Ordinance, Chapter 105.
[4]
No activity, including temporary parking, associated with such events can take place within 100 feet of property lines.
[5]
If an event requires more parking than exists at the site, temporary parking may be permitted on the lawn areas on the lot if located more than 100 feet away from any property line. If temporary parking cannot be accommodated on lawn areas on the lot, an off-site parking location shall be provided along with a shuttle service to shuttle attendees to and from the event.
(d)
A maximum of two dwelling units are permitted in each historic structure existing on the date the property was placed on the Historic Inventory. Use of the dwelling units is limited to employees, caretakers or advisors to the entity(ies) using the property for its permitted purposes.
Table 5.3. Use Regulations
[Amended 4-19-2023 by Ord. No. 4267; 7-19-2023 by Ord. No. 4275]
Uses
Use Permitted
LI
Residential
Multifamily (large)
R
Multifamily (large) shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the front facade shall comply with § 155-3.9D, Storefronts.
Shared residence for the elderly or the disabled
R
Shall be in compliance with § 155-10.3, Shared residences for elderly or disabled.
Hotel/Lodging
Student housing
R
Student homes shall only be permitted subject to the following regulations:
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit.
(3)
A maximum of 40% of the dwelling units in a multifamily building may be occupied as student home units, up to a maximum of 20 units.
(4)
Minimum distance requirement from another approved student housing shall be 1,000 feet.
Commercial
Adult entertainment
R
Adult entertainment shall be subject to the following regulations:
(1)
Not permitted within 1,000 feet of a public or private school.
(2)
Not permitted within 3,000 feet of another adult entertainment establishment.
Open air retail
R
Farmers' markets are subject to the following regulations:
(1)
Operation of the farmers' market shall be limited as follows:
(a)
Hours of operation are between 10:00 a.m. and 7:00 p.m., including setup and cleanup.
(2)
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.
(3)
Parking. A minimum of 20 off-street parking spaces for customers shall be available on the lot, in addition to the parking spaces required as per Article VIII, Parking Standards.
(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 1,000 feet of the proposed market.
(5)
Loudspeakers, live music and sound-enhancement devices are prohibited, unless approved as a conditional use.
Food and beverage
R
Food and beverage uses shall be permitted subject to the following regulations:
(1)
No on-street parking shall be utilized for food and service take-out restaurants.
Federal firearms licensee
C
Federal firearms licensee, subject to the regulations of § 155-10.14, Federal firearms licensee (FFL).
Mixed-use
R
Mixed-use shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The depth of the space devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Industrial
General industrial
R/C
(1)
Medical marijuana grower/processor shall be permitted by conditional use subject to the regulations of § 155-10.6, Medical marijuana processing.
(2)
All industrial uses shall be screened with a 20-foot landscape buffer when abutting any nonindustrial use adjacent to or within LI according to § 155-3.10, Landscape standards.
Storage and distribution
R
Storage and distribution shall be permitted subject to the following regulations:
(1)
Ground floor commercial use is required.
(2)
80% of the ground floor of the front facade shall be devoted to storefront.
Table 5.3. Use Regulations
Uses
Use Permitted
MC
Commercial
Health and medical
P/R
Shall be in compliance with § 155-6.1.
Specialized retail
R
Medical marijuana dispensary is permitted subject to the regulations of § 155-10.5, Medical marijuana dispensary.
Institutional
Public schools
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Table 5.3. Use Regulations
Uses
Use Permitted
BMMD1
BMMD2
BMMD3
BMMD1
BMMD2
BMMD3
Residential
Shared residence for the elderly or the disabled
R
R
R
Shall be in compliance with § 155-10.3, Shared residences for elderly or disabled.
Hotel/Lodging
Hotels
R
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.
Commercial
Health and medical
R
R
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The academic clinical research center shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. An academic clinical research center shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.
Office
R
R
Not to exceed 20% of the floor area of any building.
Specialized retail
R
R
Medical marijuana dispensary, subject to the regulations of § 155-10.5, Medical marijuana dispensary.
Institutional
Public schools
R
R
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Table 5.3. Use Regulations
[Amended 7-21-2021 by Ord. No. 4223; 4-19-2023 by Ord. No. 4267; 7-19-2023 by Ord. No. 4275]
Uses
Use Permitted
RHR
Residential
Multifamily (small)
R
Multifamily (small) shall be permitted subject to the following restrictions:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Multifamily (large)
R
Multifamily (large) shall be permitted subject to the following restrictions:
(1)
No single-use residential building shall be permitted.
(2)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Commercial
Auto-related services
R
Auto repair services are subject to the following regulations:
(1)
Repairs shall be conducted wholly within the building.
(2)
Where repairs occur in an accessory building, the building shall be located at least 40 feet from the rear and side property line.
New and used car lots may be authorized, subject to the following regulations:
(1)
The lot shall be an integral part of the lot on which a motor vehicle sales agency building containing a showroom or showrooms is located.
Gasoline stations are subject to the following regulations:
(1)
Minimum 200 feet distance requirement from a gasoline dispensing pump to a building with residential dwelling units
(2)
A gasoline dispensing station shall not be deemed nonconforming through the subsequent erection of a residential unit.
Specialized retail
R
Medical marijuana dispensary, subject to the regulations of § 155-10.5, Medical marijuana dispensary.
Food and beverage
R
Excludes a drive-through facility.
Federal firearms licensee
C
Federal firearms licensee, subject to the regulations of § 155-10.14, Federal firearms licensee (FFL).
Mixed-use
R
Mixed-use shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The depth of the space devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
(3)
The ground floor of the primary front facade shall comply with § 155-3.9D, Storefronts.
Institutional
Public schools
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Table 5.3. Use Regulations
[Amended 7-19-2023 by Ord. No. 4275]
Uses
Use Permitted
BMV2
BMV1, BMV3, BMV4
BMV2
BMV1
BMV3
BMV4
Residential
Single-family housing (detached)
R
Not permitted at grade on buildings fronting Lancaster Avenue and Bryn Mawr Avenue.
Duplex/twin
R
Row house
R
Multifamily (small)
R
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
Multifamily (large)
R
Live-work
R
Long-term-care facility
R
Shall only be authorized subject to the following restrictions:
(1)
A minimum lot area of 1,200 square feet shall be provided for each bed.
(2)
Not permitted at grade on buildings fronting Lancaster Avenue and Bryn Mawr Avenue.
Hotel/Lodging
Student housing
S
S
Student homes shall only be authorized as a special exception subject to the following regulations:
Student homes shall only be authorized as a special exception subject to the following regulations:
(1)
Not permitted at grade on buildings fronting Lancaster Avenue and Bryn Mawr Avenue.
(1)
A maximum of three students per dwelling is permitted.
(2)
A maximum of three students per dwelling is permitted.
(2)
A maximum of one student per bedroom in any dwelling unit.
(3)
A maximum of one student per bedroom in any dwelling unit.
(3)
A minimum of 1,500 square feet of floor area per dwelling, exclusive of basements, garages and accessory buildings, is required.
(4)
A minimum of 1,500 square feet of floor area per dwelling, exclusive of basements, garages and accessory buildings, is required.
(4)
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.
(5)
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.
(5)
Minimum distance requirement from another approved student home in any zoning district shall be 500 feet.
(6)
Minimum distance requirement from another approved student home in any zoning district shall be 500 feet.
(7)
A maximum of 40% of the dwelling units in a multifamily building may be occupied as student home units, up to a maximum of 5 units.
Commercial
Food and beverage
R
Excludes a drive-through facility.
Office
C
R
May be authorized as a conditional use subject to compliance with the following regulations:
(1)
A lot width of not less than 60 feet at the building line shall be provided for every building hereafter erected or used.
(2)
Not more than 40% of the area of each lot may be occupied by buildings.
(3)
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.
(4)
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.
Only permitted at grade on buildings fronting 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. However, when the use is limited only to portions of the building more than 50 feet from the Lancaster Avenue or Bryn Mawr Avenue right-of-way, this shall not apply.
(5)
There shall be a rear yard, the depth of which shall be at least 25 feet.
(6)
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 area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a separate conditional use.
(7)
Not more than 70% of the area of each lot may be covered with impervious surfaces.
(8)
The height of any building shall not exceed 38 feet.
Specialized retail
R
Medical marijuana dispensary:
(1)
Subject to the supplemental regulations in § 155-10.5, Medical marijuana dispensary.
Teaching or research facility, bank, dance, music, personal fitness and art studios:
(1)
Only permitted at grade on buildings fronting 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. However, when the use is limited only to portions of the building more than 50 feet from the Lancaster Avenue or Bryn Mawr Avenue right-of-way, this shall not apply.
(2)
Drive-through facilities are not permitted.
Funeral homes may be authorized as a conditional use, subject to the following regulations:
(1)
Not permitted at grade on buildings fronting Lancaster Avenue and Bryn Mawr Avenue.
Mixed-use
R
Mixed-use shall be permitted subject to the following regulations:
(1)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The depth of the space devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No single-use residential building shall be permitted.
Institutional
College/university
C
May be authorized as a conditional use subject to compliance with the following regulations:
(1)
A lot width of not less than 60 feet at the building line shall be provided for every building hereafter erected or used.
(2)
Not more than 40% of the area of each lot may be occupied by buildings.
(3)
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.
(4)
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.
(5)
There shall be a rear yard, the depth of which shall be at least 25 feet.
Private schools
C
(6)
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 area may be included in any front, rear or side yard area required under the provisions of this section. The buffer area shall be used for no purpose other than planting and screening, and there shall be not more than one entrance and one exit from each lot to any street, except that additional entrances and exits in the buffer zone may be permitted when authorized as a separate conditional use
(7)
Not more than 70% of the area of each lot may be covered with impervious surfaces.
(8)
The height of any building shall not exceed 38 feet.
Private schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.A.
Public schools
R
R
Public schools shall be developed according to the requirements of the Institutional Educational District, Table 4.4.3.B.
Religious
S
S
Shall only be authorized as a special exception per Article XI
Civil Support
Municipal Service
C
May be authorized as a conditional use subject to compliance with the following regulations:
(1) Not permitted at grade on buildings fronting Lancaster Avenue and Bryn Mawr Avenue.
Table 5.3. Use Regulations
[Amended 4-19-2023 by Ord. No. 4267; 7-19-2023 by Ord. No. 4275]
Uses
Use Permitted
CAD-RCA
CAD-BCR
CAD-BV
CAD-RCA
CAD-BCR
CAD-BV
Residential
Row house
R
R
R
Residential uses are subject to the following regulations:
(1)
Residential uses are not permitted on the ground floor of buildings facing City Avenue.
(1)
The use is limited 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.
(1)
Residential uses are not permitted on the ground floor of buildings facing City Avenue, Bala Avenue, or Cynwyd Road.
(2)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
(2)
No buildings or structures shall be permitted within the first 50 feet of the curbline.
(2)
A minimum of 80% of the ground floor primary front facade must be devoted to active ground floor commercial use. The floor area devoted to the ground floor commercial use shall be a minimum depth of 40 feet.
Multifamily (small)
R
R
R
(3)
Only residential uses are permitted within the first 100 feet of the curbline. The 100-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
Multifamily (large)
R
R
R
Live-work
R
Residential uses are not permitted on the ground floor of buildings facing City Avenue, Bala Avenue, or Cynwyd Road
Commercial
Food and beverage
R
R
Excluding a drive-through facility.
Federal firearms licensee
C
Federal firearms licensee, subject to the regulations of § 155-10.14, Federal firearms licensee (FFL).
Retail
R
R
R
All retail uses shall exclude a drive-through facility.
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 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.
(3)
No entertainment use shall be permitted if any other use is located 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.
Athletic fields, skating rinks, and bowling alleys, subject to the following separation requirements:
(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.
(2)
No entertainment use shall be permitted 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.
Specialized retail
R
Medical marijuana dispensary, subject to the regulations in § 155-10.5, Medical marijuana dispensary.
Civil Support
Municipal service
P
P
R
Any municipal parking structure shall be exclusively limited to passenger vehicles or vehicles having a gross vehicle weight rating of no greater than 7,500 pounds.