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.
This chapter shall be known as and may be cited as the "Zoning
Code."
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except as otherwise provided herein are still repealed.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.
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.
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.
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.
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.
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.
