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.
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.
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.
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.
