Lansdale City Zoning Code
ARTICLE XX
Nonconformities
§ 405-2000 Registration. [1]
The Zoning Officer shall, upon adoption of this chapter or amendment thereof, identify and register all nonconforming uses and structures. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record. It shall be the responsibility of such owner of record to complete said registration form provided and return the same to the Zoning Officer within 30 days.
§ 405-2001 Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter or, in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 405-2002 Extension.
[Amended 12-17-2003 by Ord. No. 1709]
Any lawful nonconforming structure, nonconforming lot, or nonconforming use, or a portion thereof, may be expanded, provided:
A.
The proposed expansion shall take place only upon the lot held in single and separate ownership as existed on the date the use became nonconforming. The nonconforming use, lot or structure shall be prohibited from encroaching upon another parcel of land subsequently added to the original parcel.
B.
If no structural alterations are proposed, the area of such use shall be permitted by right so long as the expansion is not greater than 25% of the area of the use as it existed on the date it became nonconforming.
C.
If structural alterations are required, said expansion shall be permitted by right so long as the extent of the total expansion does not exceed an additional 25% of the nonconforming floor area or surface area of the use as it existed on the date it became nonconforming, and only when the expansion complies with all other applicable provisions of this section and the underlying zoning district.
D.
Except as provided above, any and all expansion of a nonconforming use or addition to a nonconforming structure, including additional stories, shall conform to all height, area, width, yard and coverage requirements for the district in which said use or structure is located. A structure which is nonconforming in terms of height shall not be extended to increase the height. A structure which is nonconforming in terms of side yard can be expanded to the depth of one nonconforming side yard so long as the other side yard related to the expansion complies with the requirements for the district in which the structure is located.
E.
Permission to extend a nonconforming use as described in this article shall not be construed to mean that a new use or uses may be established.
F.
Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for additional expansions under the provisions of this chapter.
§ 405-2003 Restoration.
A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced and shall be carried on without interruption.
§ 405-2004 Ownership.
Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner.
§ 405-2005 Abandonment.
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformance with the provisions of this chapter. For the purposes of this chapter, abandonment shall commence when the nonconforming use ceases.