ORDINANCE NO. 1937-99

AN ORDINANCE AMENDING THE CHELTENHAM CODE, CHAPTER 295 THEREOF, ENTITLED ZONING, PROVIDING ZONING PROVISIONS FOR HOME BUSINESSES.

WHEREAS, the current Code of the Township of Cheltenham, Chapter 295 thereof, entitled “Zoning,” prohibits “Home Businesses” in Residentially Zoning Districts except for the “noble” professions of law and medicine; and,

WHEREAS, economic conditions and technological advances have made “Home Business” operations a desirable and viable business modality; and,

WHEREAS, the Township of Cheltenham already permits “Home Occupations” as matter of policy; and,

WHEREAS, the Township of Cheltenham desires to encourage and support “Home Business” operations while, at the same time, preserving the residential character of its neighborhoods;

NOW THEREFORE, the Board of Commissioners of the Township of Cheltenham hereby ordains:

SECTION 1. The Code of the Township of Cheltenham, Chapter 295 thereof, entitled “Zoning,” Section 295-2.C. is hereby amended by adding the following definitions:

HOME BUSINESS – Any lawful business that is professional in nature and permitted by the zoning ordinance, and is clearly customary, incidental, and accessory to the use of the premises as a single-family residential dwelling unit; and which does not alter the exterior of the property or affect the residential character of the neighborhood.

 

COMMERCIAL/CONSTRUCTION VEHICLES (“C/C Vehicles”) – C/C Vehicles are those vehicles that are used in and/or for the operation of a commercial and/or construction business.

 

C/C Vehicles are classified as follows:

 

Class l C/C Vehicles are passenger cars, station wagons, standard size vans (9 seats maximum) and pick-up trucks up to ½ 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 (9 seats maximum) and pick-up trucks up to ½ 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.

SECTION 2. The Code of the Township of Cheltenham, Chapter 295 thereof, entitled “Zoning,” Article XXIX, entitled “General Regulations,” is hereby amended by adding a new section to be known as 295-233.2.

§295-233.2. HOME BUSINESS REGULATIONS

1. Home Businesses shall include professional services, office services, preparation of wholesale baked goods, computer application, individual instruction, sewing and embroidery, low impact retail for the fine arts and similar quiet type uses and shall be conducted wholly indoors.
2. The following uses shall not be deemed a Home Business: retail or wholesale selling, clinic, hospital, barber shop, beauty parlor, real estate agency, insurance office, funeral home, restaurant, catering service, motel, hotel, rooming house, kennels, animal hospital, mortuary, personal service shop, day care, group home, repair, storage and/or painting of motorized vehicles, boats, or lawn mowing equipment, place of amusement, dancing or other school, public storage facility and any use similar to the above.
3. A teacher of musical instruments shall be a permitted Home Business provided the practitioner teaches only one pupil at a time.
4. No business-related sounds shall be audible outside the dwelling.
5. The use of noxious, combustible, explosive or other materials that would endanger the health and safety of the occupants and the surrounding residents are prohibited.
6. No Home Business shall require trash and recyclables pickup in excess of that required normally in single-family detached residential areas.
7. A Home Business must be operated by the resident owner(s) of the dwelling unit.
8. A Home Business shall employ no more than two persons in addition to the resident owner(s) of the dwelling unit. In no case shall the number of employees exceed three including the resident owner(s).
9. There shall be no parking permitted within the required front yard and/or on the lot in front of the architectural front of the dwelling unit except on the driveway. No new impervious surface (including a graveled driveway) shall be constructed to accommodate the required parking.
10. The number of clients hosted by the Home Business shall not exceed the rate of two (2) per hour and shall occur only between 7:00 AM through 10:00 PM.
11. Servicing by trucks with three (3) axles or more shall be prohibited. All servicing by trucks or other vehicles shall occur only between 8:00 AM and 8:00 PM and not exceed the rate of six (6) per day.
12. Not more than 33% of the total gross floor area of the dwelling unit and accessory building may be used for a home business.
13. Outside storage and/or outside display of goods is prohibited.
14. The display and/or storage of goods within a dwelling unit in such a manner as to be visible from the outside of the dwelling unit is prohibited.
15. The use shall not produce offensive noise, odors, vibrations, smoke, fumes, heat, or dust detectable to normal sensory perception beyond the premises.
16. Owners of Home Businesses shall submit a completed mercantile/business privilege license registration form in accordance with the schedule of the Cheltenham Township Finance Officer.
17. Owners of Home Businesses must obtain a Mercantile/Business Privilege License and Health License (if required) and pay Business Privilege and Earned Income Taxes annually.
18. When a property containing a Home Business is sold, the Home Business shall cease. If the new property owner desires to operate a Home Business, he/she must comply with the requirements of §295-233.2.

SECTION 3. The Code of the Township of Cheltenham, Chapter 295 thereof, entitled “Zoning,” Article XXIX, entitled “General Regulations,” is hereby amended by adding a new section to be known as 295-233.3.

§295-233.3. COMMERCIAL/CONSTRUCTION VEHICLES (“C/C VEHICLES”)

1. There is no limitation on the number of Class 1 C/C Vehicles that may be parked and/or stored on residentially zoned properties.
2. Only one (1) Class 2 C/C Vehicle may be parked and/or stored on a residentially zoned property.
3. No Class 3 C/C Vehicles shall be parked and/or stored on residentially zoned properties.
4. Class 2 and Class 3 C/C Vehicles that are servicing a residentially zoned property may be parked thereon during the period of servicing.
5. The aggregate area of logos and/or advertising on a vehicle shall not exceed six (6) square feet per side with a maximum total area per vehicle of twelve (12) square feet.

SECTION 4. Nothing in this Ordinance or in the Code of the Township of Cheltenham shall be construed to effect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Code prior to the adoption of this amendment.

SECTION 5. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitu- tional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts of the provisions of this Ordinance. It is hereby declared to be the intent of the Board that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

SECTION 6. This Ordinance shall take effect and be in force from and after its approval as required by law. ENACTED into an Ordinance this 16th day of FEBRUARY, A.D., 1999.

TOWNSHIP OF CHELTENHAM

BOARD OF COMMISSIONERS

BY: ______________________________

Harvey Portner, President

ATTEST: _______________________________

David G. Kraynik, Township Manager