Cheltenham Township
City Zoning Code
City Zoning Code
ARTICLE I
Legislative Intent
§ 295-100 Title and scope.
This chapter, herein entitled "Cheltenham Township Zoning Ordinance of 2017," regulates the uses of land; the size, height, bulk, location, erection, alteration, removal and use of structures; the areas and dimensions of land to be occupied by uses and structures, as well as yards, and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of land use; the provision of parking for motor vehicles; the erection of signs; and the protection and preservation of natural and historic resources; in all portions of the Township of Cheltenham.
§ 295-101 Short title.
This chapter shall be known as and may be cited as the "Zoning Code."
§ 295-102 Effective date and repealer.
A.
This chapter shall become effective immediately upon adoption or as soon thereafter as permissible by law. This chapter shall replace and repeal "The Cheltenham Zoning Ordinance of 1929" and all of its supplements and amendments. All repeals adopted by prior Zoning Amendments except as otherwise provided herein are still repealed.
B.
This chapter shall not repeal or in any way affect the Flood Insurance Rate Map, the Flood Insurance Study Report from Montgomery County, Pennsylvania, the Stormwater Management Ordinance adopted by the Township on February 17, 2016,[1] and the Medical Marijuana Dispensary Ordinance adopted by the Township on October 18, 2017.
§ 295-103 Declaration of legislative intent.
A.
This Ordinance is enacted in accordance with Article VI of the Pennsylvania Municipalities Planning Code[1] for the purpose of promoting the health, safety, morals, and general welfare of the inhabitants of Cheltenham Township, and is designed to:
(1)
Prevent the loss of health, life or property from fire, flood, panic or other dangers;
(2)
Provide adequate access to sunlight and air;
(3)
Prevent overdevelopment of land and overcrowding of population;
(4)
Minimize danger and congestion on the Township's roadways and other transportation routes;
(5)
Facilitate the adequate provisions of transportation, water, sewerage, schools, parks, open space, and other public requirements;
(6)
Promote a comprehensive land-use pattern which recognizes the unique cultural, historical, and natural features of Cheltenham Township and provide for the preservation of these features.
(7)
Encourage the most appropriate uses of land throughout the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 295-104 Statement of community development objectives.
A.
The fundamental intent of this chapter is to implement the goals and objectives of the Cheltenham Township Comprehensive Plan adopted by the Township on February 15, 2005 (as amended). The following are specific community development objectives intended to guide the Township's future development:
(1)
Preserve and enhance the existing commercial, residential, institutional, recreation and open space features of the Township to protect the quality of life of all Township residents.
(2)
Enhance the Township's economic assets by increasing the tax base and continuing the revitalization and redevelopment of both the commercial and residential areas.
(3)
Maintain and enhance the Township's diverse residential neighborhoods and housing stock.
(4)
Encourage additional commercial development that is compatible with surrounding areas.
(5)
Accommodate office development that can provide employment opportunities and contribute to the Township's tax base without sacrificing the residential character of the Township.
(6)
Provide a safe, efficient transportation system that balances automobile, pedestrian, bicycle, and public transportation.
(7)
Maintain existing industrial uses within the Township, while allowing new environmentally responsible and technologically advanced light industrial uses.
(8)
Maintain and enhance the Township's parks and recreation areas and improve access to and interconnections of open space.
(9)
Enhance the efficient utilization of existing community facilities and replacement of obsolete facilities.
(10)
Protect and conserve the integrity of significant natural features of the Township, such as watercourses, floodplains, steep slopes, soils, woodlands, and wetlands.
(11)
Protect the unique historic resources that are located within the community and encourage the preservation, rehabilitation, and restoration of these irreplaceable structures and landscapes.
(12)
Promote building, site development, and landscaping that respects the natural environment and maximizes clean and efficient use of resources.
§ 295-105 Interpretation.
A.
The provisions of this chapter shall be the minimum requirements to ensure the promotion of health, safety, and welfare. The Comprehensive Plan, in accordance with which this chapter has been enacted, is reflected in the provisions of this chapter. The Comprehensive Plan and this chapter have been formulated to implement the purposes set forth in § 295-103, as well as the Community Development Objectives set forth in § 295-104.
B.
It is the further intent of this chapter that any recommendations made by any planning agency to any governing body shall be advisory only.
§ 295-106 Conflict with other provisions.
Except as expressly set forth herein, it is not intended by this chapter to repeal, abrogate, annul or interfere with any existing ordinances or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter; provided, that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control.
§ 295-107 Severability.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective. If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any use, lot, building, tract of land, or other structure to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy and application of any such provision to other persons, property, or situations shall not be affected.