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Historic District Use Incentives (business Zoning) |
| The below was pasted from The Lower Merion Twp. Chapter 155 of the zoning
code in May, 2009. Check here for updates
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Click here to view entire and current Chapter 155 The prospective buyer should contact the zoning dept. regarding any business desires. Although in a RAA residential zone, 1209 Rose Glen Rd, is also in a Class I Historic resource which may be eligible for a use incentive (business) as discussed below. § 155-151. Permitted uses. The following uses and no other shall be permitted in the Historic Resource Overlay District: Any use permitted in the underlying zoning district in which the property is located. Uses permitted on properties designated as a Class I Historic Resource: Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which property obtains access from any street, may, in addition to the uses permitted in Subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from either the Board of Historical Architectural Review or the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners: Bed-and-breakfast, subject to the following conditions: Dwellings with a gross habitable floor area of less than 2,500 square feet are not eligible for this use. A maximum of five guest suites shall be permitted in any one bed-and-breakfast establishment, with a maximum of 15 guests. There shall be no kitchen or cooking facilities in any guest suite. 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. 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. Cultural studio, subject to the following conditions if located in a residential zoning district: 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. The property owner, or the manager or lessor of the studio, must reside on the premises. Gallery, museum, antique or gift shop, subject to the following conditions if located in a residential zoning district: The area devoted to the use shall be limited to 3,000 square feet. The property owner, or the manager or lessor of the facility, must reside on the premises. 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. 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] The accessory apartment can be the only other single family dwelling unit on the property. Two off street parking spaces shall be required for the accessory apartment. A Class I building in a residential zoning district presently being put to a non-conforming, non-residential use may be converted to a multi-family use, provided each dwelling unit shall have no fewer than 1,250 square feet of occupied area. [Added 7-16-2003 by Ord. No. 3683] The area within the perimeter of the building measured at grade level may be expanded by up to 25% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 250 feet. The area within the perimeter of the building measured at grade level may be expanded by up to 50% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 500 feet. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which obtains access from a primary, secondary or tertiary street, and which is not located in a local historic district may, in addition to the uses permitted in Subsection A above, be used for any one of the uses permitted in Subsection B(1) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where the facility is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises. Professional office, limited to one employee per 500 square feet of gross habitable floor area devoted to professional office use. 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. 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. Food preparation or catering facility not involving food consumption, employing not more than three persons on the premises. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which obtains access from a primary or secondary street, and which is not located in a local historic district, may in addition to the uses permitted in Subsection A above be used for any one of the uses permitted in Subsection B(1) or B(2) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where a facility permitted by Subsection B(3)(a), (b) or (c) below is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises. 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. 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. Artist studio or crafts workshop producing objects which may be sold at retail on the premises, employing not more than three persons with a total of not more than 24 retail visits per day. Such crafts shall include model making, rug weaving, lapidary work, furniture making and similar crafts. 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. Community center. [Added 2-20-2002 by Ord. No. 3633] Uses permitted on properties designated as a Class II Historic Resource. Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, a property upon which a Class II Historic Resource is situated, excluding buildings and structures which do not contribute to the historic resource, which property obtains access from any street, may, in addition to the uses permitted in Subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners: Historic Resource Home Occupation, provided that: One additional off-street parking space is required when the home occupation includes one or more employees. 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. 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] The accessory apartment can be the only other single family dwelling unit on the property. Two off street parking spaces shall be required for the accessory apartment. For all uses permitted in § 155-151B and C which are located in a residential zoning district, the following regulations shall apply: 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. There shall be no use of show windows or display or advertising visible outside the premises, other than a single, nonilluminated sign not exceeding two square feet. The hours of operation for the uses listed in § 155-151B(1)(b) and (c), (2) and (3)(a) and (b) shall be limited to no more than 12 hours between the hours of 7:00 a.m. to 9:00 p.m. No use shall be permitted which generates noise perceptible at the property line. Site lighting shall be designed to screen the source of illumination and glare from adjacent properties. 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. No square footage added to a property after January 1, 2000, may be used in the calculation of gross habitable floor area for purposes of this section. Where a proposed use is permitted by Subsection B above, and is also permitted in the underlying district by special exception, conditional use application to the Board of Commissioners shall be made in accordance with this section in lieu of a special exception application to the Zoning Hearing Board. [Amended 2-20-2002 by Ord, no. 3633] |