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Lower Merion, PA Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sponsorship condition
Nonprofit sponsor required if not owner-occupied
Sponsor agent
Must have designated agent/offices in Pennsylvania
Permit expiration
Expires six months after elderly occupancy ends
Renewal
Owner must obtain annual permit from Township
Governing section
Township Code § 155-10.2.C(7), (8), (10)

Summary

When a Lower Merion Township restricted accessory dwelling unit is not owner-occupied, § 155-10.2.C(10) requires its use be sponsored by a nonprofit organization dedicated to elderly housing with a Pennsylvania-based agent. The zoning permit authorizing the unit expires six months after elderly occupancy ends, and the owner must also secure and renew an annual permit from the Township.

(7) 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 use permitted in the district in which it is located. (8) The owner shall apply for and receive an annual permit from the Township. ... (10) If the facility is not owner-occupied, its use shall 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 offices in Pennsylvania.

Full Breakdown

Lower Merion Township's restricted accessory dwelling unit provision, § 155-10.2.C, ties continued use of the second unit directly to who occupies and who runs the property. If the facility is not owner-occupied, subsection (10) requires that its use be sponsored by a nonprofit organization whose purpose is providing housing for the elderly and assuming responsibility for the residents' care and welfare, and that organization must keep a designated agent or offices in Pennsylvania so the Township has someone accountable. Ownership status also controls how long the arrangement can legally continue: subsection (7) states that the zoning permit granted for the restricted accessory dwelling unit expires six months after the building stops being occupied by elderly persons as authorized, at which point the dwelling automatically reverts to whatever use is otherwise permitted in its zoning district, not to two units.

On top of that expiration trigger, subsection (8) requires the owner to apply for and receive a fresh annual permit from the Township every year the arrangement continues, so the Township reviews occupancy and sponsorship compliance on a yearly cycle rather than granting one lasting approval. Together, these owner-occupancy and sponsorship conditions mean a landlord cannot simply lease out a converted unit to unrelated tenants without either living on the property or lining up a qualifying elderly-housing nonprofit as sponsor, and even a compliant sponsored unit needs the Township's sign-off refreshed annually.

Violations & Fines

Letting a restricted accessory dwelling unit continue without owner-occupancy or a qualifying nonprofit sponsor, or without renewing the required annual permit, breaches § 155-10.2.C(8) and (10) and voids the zoning permit under (7); the Township treats a lapsed or unsponsored unit as reverted to its underlying permitted use and can order the separate cooking facilities removed and the second kitchen shut down.

Frequently Asked Questions

Can a Lower Merion restricted accessory dwelling unit be rented out to unrelated tenants?
Not under ordinary landlord terms. Section 155-10.2.C requires everyone in the two units to be related or domestic partners, and if the property is not owner-occupied, subsection (10) requires the use be sponsored by a nonprofit organization dedicated to elderly housing, not an ordinary rental arrangement.
Does the zoning approval for the second unit last forever once granted?
No. Subsection (7) states the zoning permit expires six months after the building stops being occupied by elderly persons as authorized, and the dwelling then reverts to whatever use its zoning district otherwise permits, meaning the second kitchen can no longer legally remain.
Does the Township check on the arrangement every year?
Yes. Subsection (8) requires the owner to apply for and receive an annual permit from the Township, so continued use of the restricted accessory dwelling unit depends on yearly renewal rather than a single one-time approval, unlike most zoning permits in the Township.

Sources & Official References

Other rules in Lower Merion

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