A.
For the purposes of this Code, words and terms used herein shall
be interpreted as follows, unless a contrary intention clearly appears
in the text of a specific section:
(1)
Words used in the present tense shall include the future tense.
(2)
Words used in the singular shall include the plural, and those
used in the plural shall include the singular.
(3)
The word "person" shall include an individual as well as a corporation,
partnership, association, or other legal entity.
(4)
The word "lot" shall be interchangeable with the words "plot,"
"parcel," "premises," "tract," or "site."
(5)
The words "shall" and "will" are always to be construed as mandatory;
the words "may," "should," and "are encouraged" are always to be construed
as optional.
(6)
The words "used" or "occupied," when applied to any land or
building, shall include the words "arranged for," "designed for,"
or "intended for."
(7)
The word "building" shall always be construed as if followed
by the words "or part thereof."
(8)
The word "building" shall include the word "structure."
(9)
Any word or term not specifically defined herein shall be construed
with a meaning of standard usage.
B.
If a word or term is not defined in this chapter, but is defined
in the Subdivision and Land Development Ordinance,[1] Building Code, or in any other applicable Code adopted
by the Township of Cheltenham, the definition in that chapter shall
apply.
C.
All uses shall be construed in accordance with the use regulations
set forth herein.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A subordinate structure either detached from or attached
to a principal building on the same lot, which serves a purpose clearly
incidental to the permitted principal use of that lot or principal
building. Accessory structures include decks, fences, and sheds.
A lawful use subordinate and customarily incidental to the
principal use of a lot or of a principal building on the same lot.
Physical activity and recreation which requires extensive
structures or facilities development and maintenance, such as courts,
fields or pools maintained for sports and playground equipment. Such
activities include, but are not limited to, baseball, basketball,
golf, and playground activities.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending or
by increasing in height, or the moving from one location or position
to another. In the case of a nonconforming use, an alteration is any
change in or addition to a building which would prolong the life of
such use or building.
A change in the requirements of any use provided for in this
chapter, which would necessitate a revision to the zoning ordinance
text in order to accommodate the change, or a change in any zoning
district boundary which would necessitate a revision to the Official
Zoning Map of the Township. The authority for any amendment lies solely
with the Board of Commissioners.
An outdoor oval or round structure having tiers of seats
rising gradually outward from a central open area or arena.
A room or group of rooms in a multiple dwelling or an apartment
hotel designed for and occupied exclusively as a residence for only
one family.
A multiple dwelling which provides meal service for its tenants
and their guests, with or without a central dining room, such service
not being available to the general public.
Action as prescribed in this chapter and by laws of the commonwealth
taken by an aggrieved applicant against the action, decision, or interpretation
of officers appointed by the municipality to enforce the provisions
of this chapter.
An individual, partnership, corporation, or other legal representative
who, with the permission of the landowner of record, files an application
for any permit, use, or provision provided for in this chapter.
A written form supplied by the Township for a Township approval,
decision, or permit, including any accompanying site plan and additional
information and materials that the Township requires the applicant
to submit.
Highways which interconnect with and augment principal arterials.
They are generally spaced at intervals consistent with population
density and carry traffic within or between municipalities. Further,
they link other areas not connected by principal arterials and provide
key connections between roads of higher classification. A minor arterial
is a higher classification than a major collector, but lower than
a principal arterial. Notwithstanding the above, only those roads
identified as minor arterial highways in the Cheltenham Comprehensive
Plan shall be considered as such in this chapter.
Any major highway that is not an expressway. Generally it
provides between two and four through lanes of travel depending on
traffic volume and land use intensity. They serve major activity centers
and carry a high proportion of cross-county traffic. A principal arterial
is a higher classification than both a minor arterial and a major
collector. Notwithstanding the above, only those roads identified
as principal arterial highways in the Cheltenham Comprehensive Plan
shall be considered as such in this chapter.
A portion of a building located partly or wholly underground
that contains usable floor area. A basement shall be considered a
"story" if more than 50% of its wall area is above the adjacent finished
grade level. A basement shall be counted in the floor area of a building
if it is finished or used for other than utility and storage purposes.
An owner-occupied single-family dwelling where lodging is
offered for compensation, having no more than seven sleeping rooms
for this purpose. A bed-and-breakfast operation may offer a morning
meal for overnight guests only.
A facility for the production, packaging and sampling of
alcoholic beverages, including beer, wine, cider and distilled liquors
for retail or wholesale distribution, for sale or consumption on-
or off-premises, and which produces 100,000 gallons or more of such
beverages per year.
A restaurant, as defined herein, that includes as an accessory
use the on-premises production of alcoholic beverages, including beer,
wine, cider and distilled liquors, which produces less than 100,000
gallons of such beverages per year, and primarily sells its beverages
on-site, either for on- or off-premises consumption. The area used
for brewing, distilling, bottling, and kegging shall not exceed 30%
of the total gross leasable floor area.
An area designed to ease the transition between uses or intensity
of uses on abutting properties, typically located adjacent to a property
line. Buffer areas shall be used for no purpose other than planting
and screening and shall be landscaped according to requirements set
forth herein. Unless otherwise specified, a "buffer" may be included
as part of the required setbacks and yard areas, and also as part
of any required open space or green area.
Any structure having enclosed walls and a roof and permanently
located on the land, which is used or intended to be used to house
persons, animals, or property.
The aggregate of the maximum horizontal cross-section area
at the ground level of all buildings on a lot, excluding cornices,
eaves, gutters, or chimneys projecting not more than 36 inches, bay
windows not extending more than one story and not projecting more
than five feet, stoops, steps and balconies.
The aggregate area of a lot covered by principal and accessory
buildings, as measured at grade level. Building coverage area shall
not include cornices, eaves, gutters or chimneys projecting not more
than 36 inches, bay windows not extending through more than one story
and not projecting more than five feet, stoops, steps and balconies.
Building coverage shall be expressed as a percentage ratio of the
lot area covered by buildings divided by the total lot area.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot found
in the yard areas and rights-of-way.
See definition of "height."
A building in which is conducted or could be conducted the
principal use of the lot on which it is situated.
A structure erected over a driveway entirely open on at least
two sides exclusive of the necessary supporting columns and customary
architectural features.
A place for the disposal or burial of deceased human beings,
by cremation or in a grave, mausoleum, vault, columbarium or other
receptacle. The term does not include a private family cemetery.
A group of Township residents appointed by the Commissioners
for a particular purpose.
A highway that provides a combination of mobility and access
with a priority on mobility. Ideally, access is partially controlled
with preference given to through traffic. Access is permitted with
at-grade intersections and major access driveways of selected land
uses such as a retail or employment center. They accommodate trips
within and between neighboring municipalities. Further, they may serve
as a major road through large industrial or office parks or provide
key connections between roads of higher classification. A major collector
is a lower classification than either a principal arterial or a minor
arterial. Notwithstanding the above, only those roads identified as
major collector highways in the Cheltenham Comprehensive Plan shall
be considered as such in this chapter.
The areas known as the Glenside District, Elkins Park East
and West, East Cheltenham Avenue District, and the Cheltenham Village
District, as defined and delineated in the Cheltenham Township Comprehensive
Plan, as adopted and amended by the Board of Commissioners, and the
Cheltenham Township Commercial District Enhancement Plan, as approved
and amended.
Those vehicles that are used in and/or for the operation
of a commercial and/or construction business. Any trailer, whether
attached or unattached to a motor vehicle, shall be considered a separate
C/C vehicle for the purposes of this chapter. A trailer is a vehicle
or wagon that is designed, intended, arranged or used for hauling
or transporting goods, property or equipment, which is designed to
be towed by a motor vehicle, and is constructed so that its weight
is entirely supported by its own wheels (i.e., a full trailer) or
that some parts of its weight rests upon or is carried by the towing
motor vehicle (i.e., a semi- or utility trailer). C/C vehicles are
classified as follows:
Class 1 C/C vehicles are passenger cars, station wagons, standard
size vans (nine seats maximum) and pickup trucks up to 1/2 ton capacity
that do not have logos and/or advertising on them.
Class 2 C/C vehicles are passenger cars, station wagons, standard
size vans (nine seats maximum) and pickup trucks up to 1/2 ton capacity
that do have logos and/or advertising on them.
Class 3 C/C vehicles are all C/C vehicles not falling under
Class 1 C/C vehicles or Class 2 C/C vehicles.
Ownership by the same persons or entities, or directly or
indirectly by persons or entities which are affiliates of one another
and/or under common control by legal structure or by agreement, and
all successors and assigns thereof or purchasers or transferees therefrom,
by agreement or operation of law. Ownership of percentage interests
in an entity that do not constitute control of that entity shall not
alone constitute common ownership, but ownership of a controlling
equity interest, or contractual management control, in a controlling
entity such as the general partner of a limited partnership, or contractual
control by an individual or by minority interests having management
authority under the organizational documents of an entity such as
the operating agreement of a limited liability company, or common
control under any other contractual relationship such as a management
contract, shall be common ownership. "Ownership" shall include leasehold
interests and shall include the right to ownership under an agreement
of sale, or option agreement in a lease or separate agreement.
The Commonwealth of Pennsylvania.
The 2005 Comprehensive Plan Update of Cheltenham Township
or that Update most recently adopted by the Board of Commissioners
of Cheltenham Township, as amended.
[Added 3-28-2018 by Ord.
No. 2364-18]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in Title 16 of the Code of Federal Regulations (relating to commercial
practices) or any successor regulation and complies with the provisions
for "consumer fireworks" as defined in APA 87-1 (The American Pyrotechnics
Association's Standard 87-1: Standard for Construction and Approval
for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics,
2001 Edition, or any subsequent edition) or any successor standard,
the sale, possession and use of which are permitted throughout the
commonwealth.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard, the sale, possession and use of which are permitted at all
times throughout the commonwealth.
The term does not include display fireworks, used solely by
professional pyrotechnicians and designed primarily to produce visible
or audible effects by combustion, deflagration or detonation, as further
defined by Act 43 of 2017 (P.L. 672, No. 43).[3]
That which touches or shares a common boundary. Any two parcels
or lots which are said to be contiguous are only those that share
a common boundary. Any two parcels or lots whose only shared boundary
is a street or road, public or private, would not fulfill this definition.
A measure of the intensity of the use of land expressed in
terms of the number of dwelling units per gross acre. It shall be
expressed in dwelling units per acre.
Persons who provide expert or professional services related
to land or building planning or design, including, but not limited
to, an architect, landscape architect, civil engineer or professional
land surveyor, registered or licensed to perform the proposed service,
as applicable, and in good standing with the Commonwealth of Pennsylvania.
All that land within the deeded lot lines of a parcel except
for the following:
Areas set aside as the ultimate right-of-way for a public or
private street, access easements, and access strips.
Areas with rights-of-way and easements for aboveground and underground
utilities.
Steep slopes.
Floodplains.
Wetlands.
Watercourses.
Water bodies.
Stormwater management facilities.
Any human-made change to an improved or unimproved parcel
of land, including, but not limited to, buildings or other structures,
the placement of mobile homes, streets or other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations.
A measurement of the size of existing trees on the site,
using the outside bark diameter at breast height. Breast height is
defined as 4.5 feet (1.37 m) above the forest floor from the highest
adjacent grade of the tree. If a tree has more than one stem or trunk,
the measurement shall be the sum of the diameter of the largest trunk
and 1/2 the diameter of each additional trunk.
A room or building in a religious, educational, or other
institution in which the residents sleep.
A building or structure designed, arranged, intended to and
used as the living quarters for one or more families living independently
of each upon the premises, as applicable by individual dwelling arrangement
further defined below. The term “dwelling” shall not be
construed to include short-term transient lodging, vacation rental,
hotel/inn, motel, or bed-and-breakfast (the last except as expressly
permitted in conformance with § 295-405B(4). Individual dwelling
arrangements are further defined below:
[Amended 12-16-2020 by Ord. No. 2417-20]
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for one family and not attached to any other building or dwelling units, including trailers or mobile homes.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMI-DETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical, common wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit shall be on a separate lot, with the common boundary between the two lots running along the common wall. Each unit shall have individual outside access.
DUPLEX (TWO-FAMILY SEMI-DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Each unit shall have individual outside access.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having vertical common walls with adjacent similar dwelling units, and located in a building composed of at least three dwelling units. Each include, but is not limited to, dwelling units commonly known as townhouses or row houses.
TOWNHOUSE (ROW HOUSE)A single-family attached dwelling in a row of at least three but not more than six units, with one dwelling unit from ground to roof, each with individual outside access.
MULTIPLEXAn attached dwelling arranged in a variety of configurations: side by side, back to back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house.
MULTIFAMILY BUILDING (MULTIPLE DWELLING)A detached residential building containing three or more dwelling units. Units are not arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development. This dwelling type includes, but it is not limited to, garden apartments, apartment houses, and multifamily conversions defined below.
MULTIFAMILY CONVERSIONA multifamily dwelling that results from the conversion of a single-family or two-family dwelling or the adaptive reuse of a nonresidential building.
One or more rooms designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single-family maintaining a household.
Limited to those public, private or parochial educational
institutions which are recognized, supervised and under the control
of the Department of Public Education of the Commonwealth of Pennsylvania,
including an elementary or secondary school, college, kindergarten
or child nursery, but not a business school, trade school, dance studio
or similar use.
An individual at least 62 years of age.
The greatest number of persons to be employed on the premises
in question at any one time of the day or night.
A location, building, site or structure which is used as
a place for the purpose of accommodating a group of diners, patrons,
guests, or other attendees for functions such as banquets, wedding
receptions, parties, entertainment, meetings, conferences, performances,
and/or similar gatherings.
A living evergreen plant or tree, including most conifers
having green leaves or needles throughout the year.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than one is unrelated
to all of the others by blood, marriage or legal adoption. As a special
exception, the Township Zoning Hearing Board may interpret the term
"family" to apply to a group of individuals, not exceeding three,
not related to each other by blood, marriage or legal adoption, living
and cooking together as a single housekeeping unit; provided, however,
that the applicant for the special exception shall dedicate one off-street
parking space [see § 295-2301D(2)(a)] for each adult (18
or over) proposed as part of the group of individuals, while complying
with all other dimensional criteria of the applicable district. As
a reasonable accommodation as set forth in the federal Fair Housing
Amendments Act, 42 U.S.C.A. § 3601 et seq., and in order
to enable persons with handicaps equal access to housing in residential
districts, the Township Zoning Hearing Board may interpret the term
"family" to apply to a group of more than one individual, not related
to each other by blood, marriage or legal adoption, qualified by their
handicap as defined herein. Domestic workers shall not be included
in the number of individuals counted in the term "family." The term
“family” shall not include any renter or occupant who
rents or occupies a dwelling or property on a short-term transient
lodging basis or who rents or occupies as a vacation rental. The term
“family” shall also not include anyone who claims the
right to visit or occupy a dwelling or property through or by one
who rents on a short-term transient lodging basis or who rents as
a vacation rental.
[Amended 6-20-2018 by Ord. No. 2371-18; 12-16-2020 by Ord. No. 2417-20]
These terms shall be construed in accordance with the definition of these terms as set forth in Article XIX hereof.
[Amended 6-20-2018 by Ord. No. 2371-18]
The sum of the gross horizontal areas of each floor of a
building, measured from the exterior faces of exterior walls or from
the center line of party walls. The term does not include any area
used exclusively for the parking of motor vehicles (surface parking
or structured parking).
The ratio of gross building floor area to the total gross
lot area.
The sum of all floor area of a building capable of being
used or devoted to a principal or accessory use of an occupant or
tenant, but not including floor areas of the building devoted to:
Basement or crawl space utilized strictly as storage space.
Mechanical and building utility spaces such as elevator shafts,
water closets, and building equipment rooms.
Permanent common hallways and stairways.
Permanent, aesthetic lobbies used for architectural enhancement
or the general public utilizing the building.
Mezzanines devoted exclusively to storage use.
Garage area, utilized in the required space count for the principal
building use, provided it is not devoted to storage use (in a single-family
dwelling, the garage area shall always be excluded from the gross
leasable floor area, no matter its use).
Design elements for handicapped accessibility.
Any bird maintained, kept or possessed by a household, the
keeping of which shall be allowed in the R1, R2, R3, and R4 districts
and no other as accessory uses, to include the following and no other,
the classifications for which shall be strictly construed: ducks,
chickens, swans, turkeys, guinea fowl and pigeons kept for show or
racing.
A completely landscaped area and shall include living plantings
and screening of sufficient height and density to protect and enhance
surrounding property and the general appearance of the Township. The
calculation of the "green area" may include lands provided in front,
side, rear yards and all buffer areas as required under district provisions
of this chapter.
A retail market of any size selling a variety of foods and
household items.
With respect to a person, a physical or mental impairment
which substantially limits one or more major life activities or having
a record of such an impairment or being regarded as having such an
impairment. The Township Zoning Hearing Board shall interpret this
term consistent with its meaning as provided in the Fair Housing Amendments
Act and the applicable provisions of the Code of Federal Regulations
set forth thereunder.
The height of a building shall be measured from the average
ground level surrounding the building to a point midway between the
highest and the lowest point of the main roof. There shall be no structures
or projections above the main roof, excepting chimneys, roof-mounted
solar energy systems, agricultural features, stormwater management
structures, and the height of church spires, which are exempt from
the height calculation. Housing for mechanical equipment may project
beyond the maximum height permitted, but shall not exceed 12 feet
in addition to the maximum permitted.
A building or group of buildings, lot or premises which taken
together constitutes the former residence of a wealthy and/or historically
prominent family, containing at minimum a mansion or manor house with
a building area of at least 15,000 square feet.
A structure or building or portion thereof listed in the
National Register of Historic Places, the Pennsylvania Historic Resources
Survey, the Montgomery County Inventory of Historic and Cultural Resources,
the Montgomery County Comprehensive Plan, the Cheltenham Township
Comprehensive Plan, the Cheltenham Township Inventory of Cultural
Resources, or other appropriate documentation, or a structure seeking
listing as an historic resource from any of the above listings. The
term "historic resource" shall also include historic accessory uses.
An activity, occupation, or use that is professional and
office-oriented in nature; and clearly customary, incidental, and
accessory to the use of the premises as a single-family detached,
twin, duplex, or single-family attached (townhouse) residential dwelling
unit and which does not affect the residential character of the neighborhood.
Unlike a no-impact home-based business, such an occupation allows
for no more than one employee from off-site being permitted to work
on the premises, signs in conformance with the sign regulations, and
visitation by clients only by appointment, among other conditions.
A series of three or more dwelling units devoted mainly to
the housing of transients and having on-site parking space and commercial
facilities for the use of its occupants. Access to rooms shall be
through a central lobby only and not directly to the parking facilities.
"Hotels" shall include apartment hotels and boutique hotels, but not
motels, motor courts, motor inns or motor lodges. None of the following
shall constitute a hotel: single-family detached dwelling; two-family
building; twin; duplex; single-family attached dwelling unit; townhouse;
multiplex; multifamily building; multifamily conversion; or village
dwelling unit.
[Amended 12-16-2020 by Ord. No. 2417-20]
Any vehicle used for living or sleeping purposes within the
Township.
A measure of the intensity of use of land. It is measured
by dividing the total area of all impervious surfaces within the site
by the total lot area.
Those surfaces which do not absorb rainwater. All buildings,
parking areas, driveways, roads, sidewalks, and any area in concrete,
asphalt, and packed stone, including, without limitation, swimming
pools, shall be considered impervious surfaces. In addition, other
areas determined by the Township Zoning Officer to be impervious within
the meaning of this definition shall also be classified as an impervious
surface.
Any alteration to a lot, parcel, building, or structure.
A junkyard shall include any of the following: a lot, land
or structure, or part thereof, used primarily for the collection,
storage, and sale of wastepaper, rags, scrap metal, or discarded materials,
including, without limitation, automobiles, appliances and machinery
of any type, or for the collection, dismantling, storage or salvaging
of machinery or vehicles not currently registered with the Pennsylvania
Department of Transportation, or for the sale of parts thereof harvested
from vehicles stored on the site.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential, or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Developments conforming to Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, as amended.[4]
The improvement of an area of land's appearance by planting
trees, shrubs, or grasses, or altering the contours of the ground.
A residential facility for the elderly, 62 years of age or
older, married or single, with no children under the age of 18 living
with them, may include skilled nursing beds for those in need of more
intensive care, provided that they number no more than 25% of the
total number of residential units permitted. Residential apartment
units shall be limited to two bedrooms or fewer. Limited accessory
uses may be provided, but the accessory shops shall be directed to
or exclusively used by the residents, their visitors or staff.
Any animal maintained, kept or possessed by a household,
other than domesticated pets and fowl/poultry, which shall include
those typically associated with agricultural animal husbandry, to
include the following and no other, the classifications for which
shall be strictly construed:
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials. Such space shall be of a size as required
by the district in which it is located, exclusive of access aisles
and maneuvering spaces.
The parcel of land on which a main building and its accessory
buildings are placed, together with the required open or green area.
The area of a "lot" shall be measured to the street line only.
The average distance between the front and rear lot lines.
The lines bounding a lot, expressed in courses and distances,
provided, however, that any street lines for such portion of the lot
which abuts the street shall be considered lot lines for purposes
of this chapter.
The distance measured between lot lines, other than the front
and rear lot lines, at the minimum front yard setback line.
A parcel of land situate at the junction of and fronting
on two or more intersecting streets.
A lot with road frontage on only one side.
Consists of:
Keeping all grass in said areas to a height not to exceed six
inches, except when grass is intended to be naturalized and is kept
as a "no-mow" area.
Trimming and pruning of all plants and trees and removal of
deadwood or branches.
Replacement of any and all dead, damaged or diseased plants
and trees.
Removal of all trash, paper or other debris in said areas.
Functions such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning and working.
The Township Zoning Hearing Board shall interpret this term consistent
with its meaning as provided in the Fair Housing Amendments Act[5] and the applicable provisions of the Code of Federal Regulations
set forth thereunder.
A facility for the production, packaging and sampling of
alcoholic beverages, including beer, wine, cider and distilled liquors
for retail or wholesale distribution, for sale or consumption on-
or off-premises, and which produces less than 100,000 gallons of such
beverages per year. "Nanobreweries" shall be included under this definition.
A building, not a private garage, used solely for the storage
of motor vehicles.
A single-family detached dwelling intended for permanent
occupancy which may not conform to local building codes but does conform
to the standards of the United States Department of Housing and Urban
Development as indicated by the structural engineering bulletin(s)
provided to the Board of Commissioners by the applicant. It shall
be contained in one unit (called a "single-wide") or in two or more
units designed to be joined into one integral unit capable of again
being separated for repeated towing (called a "double-wide") which
arrives at a site complete and ready for occupancy except for minor
and incidental unpacking and assembly operations and constructed so
that it may be used with or without a permanent foundation, including
any roofed addition, such as extra rooms, patios, porches, etc.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the installation of a mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement of mobile homes.
A steel flanged or tapered steel pole structure erected on
the ground or on top of a structure to support communications antennas.
A series of attached, semidetached or detached fixed dwelling
units containing bedroom, bathroom and closet space where each unit
has convenient access to on-site parking space for the use of the
unit's occupants by way of separate, exterior entrances to each unit.
The units, with the exception of the apartment of the manager or caretaker,
are devoted to the use of automobile transients, shall not offer cooking
facilities and shall not offer long-term residency to transients (more
than 30 days occupancy). Motor courts, motor inns and motor lodges
are included in this definition of a "motel." None of the following
shall constitute a motel: Single-family detached dwelling; two-family
building; twin; duplex; single-family attached dwelling unit; townhouse;
multiplex; multifamily building; multifamily conversion; or village
dwelling unit.
[Amended 12-16-2020 by Ord. No. 2417-20]
Those plants, trees and shrubs which are indigenous to the
Mid-Atlantic region and North America, and otherwise occurred within
the Commonwealth of Pennsylvania before settlement by Europeans.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client, or patient traffic,
whether vehicular or pedestrian, pickup, delivery, or removal functions
to and from the premises, in excess of those normally associated with
residential use. The business or commercial activity shall satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and the surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
The business activity shall not use any equipment or process
which creates noise, vibration, glare, fumes, odors, or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
The business activity shall not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and shall not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
The business shall be registered with Cheltenham Township.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
to its location by reason of annexation. Such "nonconforming structures"
include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in a zoning ordinance or
amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
A sign which directs attention to a business, commodity,
service, entertainment or facility not located, conducted, sold or
offered upon the premises where such sign is located.
A fence where the through visibility at right angles to any
surface of such fence has not been reduced by more than 50% by fence
construction.
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, county or Township parks, trails, and other recreational facilities.
Also includes "open space, common," as defined below, and other private
lands which are available for the use of Township residents (i.e.,
through access easements). (See "open space, common.")
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities,
such as mobile home park offices, community buildings, etc. Common
open space shall be substantially free of structures but may contain
such improvements as are in the development plan as finally approved
and as are appropriate for the recreation of residents.
A lot on a tract of land employed for the transient and open
air parking of motor vehicles.
Also known as a "parking garage," a building, not a private
or minor garage or carport, one or more stories in height used for
the storage and/or parking of motor vehicles open to customers, patrons
or tenants of a business or residence, all or parts of which may be
above or below ground.
Physical activity and recreation which requires minimal structures
or physical facilities, and which primarily rely on the use or enjoyment
of natural land or ecosystems with the incidental use of trails or
other improvements to ensure accessibility and conservation of wildlife
and plant ecosystems. Such activities include, but are not limited
to, wildlife observation, walking, biking, and canoeing.
Measures and standards by which the suitability of a proposed
use can be measured by the extent of its external effects.
Any domesticated animal maintained, kept or possessed by
a household, the keeping of which shall be allowed by right in any
residential district, subject to any federal or commonwealth law or
leasehold agreement to the contrary, and does not include those animals
classified as "livestock" or "fowl/poultry." Only the following animals
and no other are permitted as defined herein, the classifications
for which shall be strictly construed:
Cage birds (the term includes parakeets, parrots, canaries,
finches, love birds, mynah birds and other birds ordinarily kept in
cages in households; it excludes wild birds captured or rescued and
kept in cages).
Cats (Felis catus).
Frogs (Salientia).
Dogs (Canis familiaris), including prairie dogs but excepting
dingoes.
Gerbils.
Goldfish and carp (Cyprinidae).
Guinea pigs (Cavia cobaya).
Hamsters (Cricetus and Mesocricetus).
Lizard (Sauna).
Mice, white (Mus musculus).
Rats, white (Rattus norvegicus).
Salamanders (any tailed amphibian).
Rabbits, restricted to European-type rabbits (Oryctolagus cuniculus),
commonly kept as pets.
Snakes, nonpoisonous and native to the Township.
Toads (Salientia).
Tropical fish, limited to those customarily maintained in a
household aquarium except piranhas.
Turtles (Chelonia).
Ferrets (Mustela furo).
A building used for the storage of one or more automobiles
owned and used by the owner or tenant(s) of the lot on which it is
erected, for a purpose accessory to the use of the lot.
The office or studio of a doctor, dentist, healer, teacher,
accountant, lawyer, architect, planner, designer, consultant, or practitioner
of similar character, excluding, however, veterinarians, animal hospitals
and kennels.
Land which is utilized for any of the following uses:
An area made available for the use of the public, irrespective
of whether the sidewalk is situated within the legal right-of-way
of a highway or on private property.
A building or structure, together with related equipment,
used for the transmission and exchange of telephone, radio, gas, power,
sewer and water facilities. This shall not include cellular or digital
telecommunications towers or related equipment.
A modification to the rules and regulations contained in
the Cheltenham Zoning Ordinance of 2017, as amended, that enables
persons with handicaps to acquire equal access to housing in a residential
district as provided in the Fair Housing Amendments Act.[6]
Property owned by and utilized by a religious organization
for public worship by a congregation, including religious school,
ancillary and accessory uses.
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township
and also excluding pedestrian trails, footpaths and equestrian trails
under the control of the Township. The phrase "in the right of way"
means in, on, over, along, above and/or under the right-of-way. For
the purpose of this chapter, ROW shall include streets and roads owned
by Montgomery County, the Commonwealth of Pennsylvania, and any other
Pennsylvania state agencies.
See "right-of-way."
|
A.
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Shall include any of the following:
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|
(1)
|
An antenna or dish antenna whose purpose is to receive communication
or other signals from orbiting satellites and other extraterrestrial
sources.
| |
|
(2)
|
A low-noise amplifier (LNA) which is situated at the focal point
of the receiving component and whose purpose is to magnify and transfer
signals.
| |
|
(3)
|
Any wire or cable whose purpose is to carry the signals into
the interior of a building.
| |
|
B.
|
The height of the apparatus shall be measured vertically from
the highest point of the apparatus when positioned for operation to
the bottom of the base which supports the antenna or dish.
| |
The act of, or a barrier for the purpose of, limiting or
obscuring a view; generally composed of vegetation, structures such
as fencing or walls, or earthen works suitable for the purpose.
A building or group of buildings that contain individual,
compartmentalized and controlled-access stalls or lockers for the
dead storage of customers' goods or wares, also known as "miniwarehouses."
A general purpose accessory building on a residentially zoned
lot, used for activities/functions specifically related to that lot.
A shed shall neither be used for the storage of motor vehicles licensed
to operate on public roads nor for any commercial construction and/or
business use. The dimensions of a shed shall comply with § 295-405A(1)(a)
through (g).
[Amended 6-20-2018 by Ord. No. 2371-18]
The rental or exchange of any dwelling or dwelling unit for
a duration of six months or less.
[Added 12-16-2020 by Ord. No. 2417-20]
Any use of a dwelling or dwelling unit rented or exchanged
as a short-term transient or recurrent lodging, regardless of whether
there is concurrent or partial occupancy or full occupancy by the
owner or another when not in use as a short-term transient lodging.
[Added 12-16-2020 by Ord. No. 2417-20]
A structure, building wall or other outdoor surface, indoor
surface visible to the outside, or any device used for visual communication
which is used for the purpose of bringing the subject thereof to the
attention of the public or to display, identify and publicize the
name and product or service of an individual, business organization
or institution. The size of a sign shall be determined by the area
of the facing or surface of the sign upon, against or through which
the message is displayed or illustrated on the sign.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any adjoining lot. An owner of a lot shall have the burden of establishing
the single and separate ownership. For purposes of this chapter, such
proof shall include, without limitation, whether the title to the
lot was acquired by a deed separate and distinct from any other parcel
or lot and whether the lot is assigned a separate and unique tax parcel
number. The use of any lot in connection with a use on an adjacent
lot shall be evidence of the merger of that lot to the adjoining lot.
All land area within the site as defined by the deed. Area
shall be calculated from an actual site survey rather than from the
deed description.
Areas of land in which the average ground slope exceeds 15%, which, because of this slope, are subject to high rates of stormwater runoff and, therefore, erosion and flooding. This term is further defined in Article XXI, Steep Slope Conservation Overlay District, herein.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story
having 50% or more of its wall area above the adjacent finished grade
level.
A watercourse having banks and channel which has a continuous flow of water, or for a majority of the year. This term is further defined in Article XIX hereof.
Includes a street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a street and a lot. The street
line shall be the same as the outside boundary or ultimate legal right-of-way
line of a public street or the outside boundary of a private road
over which the owners or tenants of two or more lots each held in
single and separate ownership have the right of way.
Any form or arrangement of building materials which requires
a fixed location on the ground, or attachment to something having
permanent location on the ground, including, but not limited to, supporting
walls, signs, covered screened enclosures and any other covered area
(excluding grade-level driveways, sidewalks, curbing, and patios);
provided, however, neither a fence, nor a non-supporting wall acting
as a screen or fence shall be considered a structure for the purpose
of setbacks.
The 2013 Sustainability Plan of Cheltenham Township, as adopted
and amended by the Board of Commissioners of Cheltenham Township.
A watercourse having a channel which is part of the natural
or man-made stormwater drainage system. Stormwater runoff is the only
source of water flow. Floodplain soils may or may not be found within
a swale.
Any permanent outdoor swimming pool; any permanent excavation
in which water is permitted to or may otherwise collect in excess
of 12 inches in depth; any temporary structure designed to hold water,
whether erected partially or entirely above ground level, in which
water is permitted to or may otherwise collect in excess of 12 inches
in depth. Only a swimming pool as above defined shall be considered
a structure for purposes of this chapter.
A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NFPA 1124 (the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2006 Edition, or any subsequent edition). The term shall not include a facility that is not licensed to sell consumer fireworks under Article XXIV, Act 43 of 2017 (P.L. 672, No. 43).[7]
[Added 3-28-2018 by Ord.
No. 2364-18]
Cheltenham Township, Montgomery County, Pennsylvania.
Any land used or designed to be used as a parking space for
more than one house trailer.
Any use of a dwelling or dwelling unit rented or exchanged
as a short-term transient or recurrent lodging, regardless of whether
there is concurrent or partial occupancy or full occupancy by the
owner or another when not in use as a short-term transient lodging.
[Added 12-16-2020 by Ord. No. 2417-20]
Any natural or artificial stream, river, creek, ditch, channel,
canal, waterway, gully, or ravine in which water flows in a definite
direction or course, either continuously or intermittently, and has
a defined bed and banks.
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas; any areas defined as "wetlands"
by the Army Corps of Engineers.
One-fourth acre or more of wooded land where the largest
trees measure at least six inches diameter at breast height (dbh).
The woodland shall be measured from the dripline of the outer trees.
Woodlands are also a grove of trees forming one canopy where 10 or
more trees measure at least 10 inches dbh.
FRONT YARDAn open, unoccupied space extending across the full width of a lot and lying between the street line and the nearest point of the principal building. In the case of a corner lot, both yard areas abutting streets shall be construed as front yards.
REAR YARDAn open, unoccupied space extending across the full width of a lot and lying between the rear lot line, or the corner of a triangular lot furthermost from the front lot line, and the nearest point of the building. In the case of a corner lot, there shall be no rear yard.
SIDE YARDAn open, unoccupied space between the side lot line of a lot and the nearest point of the building and extending from the front yard to the rear yard.
The Director of Planning and Zoning or the Township's designee.
[1]
Editor's Note: The Pennsylvania Unit Property Act, 68 P.S.
§§ 700.101 to 700.805, was repealed by P.L. 286, No. 82,
§ 2, July 2, 1980, effective in 120 days.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[3]
Editor's Note: See 72 P.S. §§ 9401 to 9416.
[4]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: See 42 U.S.C.A. § 3601 et seq.
[6]
Editor's Note: See 42 U.S.C.A. § 3601 et seq.
[7]
Editor's Note: See 72 P.S. §§ 9401 to 9416.
