Cheltenham Township
City Zoning Code
City Zoning Code
ARTICLE XXV
Nonconforming Structures, Uses and Lots
§ 295-2500 Nonconforming status.
A.
All buildings, structures, uses of land, uses of buildings, lots, and signs which do not comply with the applicable regulations of the zoning district in which they are located shall be considered nonconforming, provided that:
(1)
They existed on the date of adoption of this chapter, the Cheltenham Township Zoning Ordinance of 2017; or
(2)
They existed on the date of an amendment to the Official Zoning Map or on the date of an amendment to or re-enactment of the text of this chapter, the Cheltenham Township Zoning Ordinance of 2017, and such amendment or re-enactment caused the noncompliance.
§ 295-2501 Nonconforming classifications.
A.
Nonconforming status shall be classified as follows:
(1)
Nonconforming use. The existing use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
(2)
Nonconforming building or structure. Any existing building or structure that does not conform to the height, location, size, bulk, or other dimensional requirements of the district in which it is located. This does not include signs.
(3)
Nonconforming lot. Any existing lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
§ 295-2502 Nonconforming regulations.
A.
The following regulations shall govern all properties to which nonconforming status is applied:
(1)
Nonconforming status shall continue and a property may continue to be used as nonconforming until it complies with the requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed to a conforming use. A nonconforming use which has been changed to a conforming use shall lose its nonconforming status.
(2)
A nonconforming use may be changed to another nonconforming use of the same general character provided that the applicant obtains a special exception pursuant to Article XXVIII of this chapter. Where exterior structural alterations or other site modifications are proposed, the following requirements shall apply in addition to the requirements of Article XXVIII of this chapter.
C.
Discontinuance. Whenever a nonconforming use, in or on the land, or within a building or structure or portion thereof, has been discontinued for a continuous period of more than one year, such discontinuance shall be deemed to be an abandonment of such nonconforming use and any subsequent use thereof shall conform to the applicable provisions of the zoning district in which such use is located, and the prior nonconforming use shall not thereafter be resumed unless a variance is granted by the Township Zoning Hearing Board in accordance with Article XXVIII of this chapter.
D.
Extension or expansion. A nonconforming use, building or structure, not including signs, may be extended or expanded in compliance with the following requirements:
(1)
The lot on which the extension or expansion is proposed shall be limited to only that lot on which the use, building, or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
(2)
The nonconforming use may be expanded on the lot on which it is located. This expansion is limited to 25% of the total lot area occupied by the nonconforming use at the time the use became nonconforming. This expansion can only be done once.
(3)
The nonconforming use of a building may be expanded within the building provided that the expansion is limited to 25% of the gross floor area occupied by the nonconforming use at the time the use became nonconforming. Any such expansion shall conform to the area, height, setback, width, yard, and coverage regulations of the zoning district in which the nonconforming use is located and to all applicable zoning, stormwater management and related regulations of the Township Code.
[Amended 5-15-2019 by Ord. No. 2384-19]
(4)
A building which houses a nonconforming use may be extended on the same lot, provided that the extension shall be limited to 25% of the gross floor area of the building as it existed at the time the use became nonconforming and the extension conforms with all the applicable dimension regulations of the district where the use is permitted or where the building is located, whichever regulations are more restrictive. All applicable performance standards shall be met.
(5)
A nonconforming building may be extended on the same lot, provided that the extension shall be limited to 25% of the gross floor area of the building existing at the time the building became nonconforming.
E.
Additional regulations. The following regulations apply to structures, uses, lots, parking area, site improvements and accessory signs:
[Amended 5-15-2019 by Ord. No. 2384-19]
(1)
When new ordinance provisions are adopted and affect planned construction which has not been completed:
(a)
A building or structure under construction as of the date of adoption of the new ordinance provisions, to the extent of completion of footings, may be completed as a nonconforming building, provided that a valid permit has been issued.
(2)
A nonconforming building or structure which is destroyed or partially destroyed by fire, explosion, or by any other cause to the extent of 75% or more of the market value thereof, immediately prior to such damage or destruction may be reconstructed and used as before, provided that:
(a)
The reconstructed building or structure shall not exceed the dimensions of the damaged or destroyed building or structure, including height, width, depth, and volume.
(b)
Building or structure construction shall be started within one year from the date the building or structure was damaged or destroyed, and shall be carried out without interruption.
(c)
The building or structure will pose no hazards to safety by virtue of its location.
(d)
The damage was not caused in whole or in part by the action or inaction of the property owner or its employees, agents or contractors.
(3)
Legally condemned nonconforming buildings or structures shall not be rebuilt or used except in conformance with this chapter.
(4)
A nonconforming building, structure, use, lot, parking area, site improvement or accessory sign which is destroyed or razed, including, but not limited to, demolished by neglect, through means other than fire, explosion or other casualty, shall be reconstructed in full conformity with this chapter for the zoning district where it is located.
F.
Contiguous undeveloped lots. Two or more contiguous lots held in single ownership in subdivision approved prior to the effective date of this chapter (where each lot individually does not comply with the required minimum area or width for the district in which the lots are located) shall be joined to form one lot which meets the minimum lot area and width required. If all such lots as joined do not comply with the area and width requirements, they shall be considered a single nonconforming lot in accordance with § 295-2501A(3) of this article.
G.
Nonconforming signs. If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of Article XXIV of this chapter. "Replacement" shall not include simply revising the text or color or the sign, but shall refer to structural replacement and/or relocation of the sign.
H.
Conforming uses in nonconforming buildings or lots. The conversion of one conforming use to another conforming use on a lot or in a building that is nonconforming shall be permitted.
§ 295-2503 Administration.
A.
Mapping and recording of nonconforming uses, structures, and lots. The Zoning Officer may perform a survey of the Township and record and map all uses, structures, and lots nonconforming to the district requirements set forth in this chapter. If the survey, record, or map is not done, or is incomplete, the nonconforming status may be determined when applications for building permits are filed with the Township.