Londonderry Township
City Zoning Code
City Zoning Code
PART 17
NONCONFORMING BUILDINGS AND USES
§ 1701 Continuation.
[Ord. 1983-4, 12/5/1983, § 12.16(a)]
1.
The owner of the premises occupied by a lawful nonconforming use or building existing at the effective date of this Chapter shall secure a certificate of nonconformance which shall be for the purpose of insuring to the owner the right to continue a nonconforming building or use.
2.
All nonconforming signs, billboards, or advertising sign boards, including poster panels, bulletins, and the like, shall be made to conform to all pertinent regulations or be removed one year after the effective date of this Chapter. During this period, they may be continued and maintained. However, business identification signs, signs on existing nonconforming uses may be continued and maintained; provided that such signs shall conform to Part 8 of this Chapter.
§ 1702 Building Permit.
[Ord. 1983-4, 12/5/1983, § 12.16(b)]
1.
Where a building permit has been issued 90 or more days prior to the effective date of this Chapter and the proposed building or use does not conform to the requirements of this Chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this Part.
2.
Where a building permit has been issued less than 90 days prior to the effective date of this Chapter and the proposed building or use does not conform to the requirements of this Chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this Part only if at least one of the following conditions has been met prior to the effective date of this Chapter.
A.
Construction, other than excavation, has been started.
B.
A contract for construction, other than excavation, has been let.
§ 1703 Alterations.
[Ord. 1983-4, 12/5/1983, § 12.16(c)]
1.
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.
2.
A nonconforming building which is damaged by fire, explosion, [or] an Act of God may be rebuilt and used for the same purposes, provided that:
A.
The reconstruction of the building is commenced within one year from the date of the destruction of the building and is carried to completion without undue delay.
B.
The reconstructed building does not exceed in height, area and volume, the building destroyed.
C.
The reconstructed building shall comply with the area regulations of the district in which it is located.
§ 1704 Extensions or Enlargements.
[Ord. 1983-4, 12/5/1983, § 12.16(d)]
1.
The following types of extensions and enlargements are permitted for nonconforming uses and buildings existing on the effective date of this Chapter.
A.
The extension of a nonconforming use of land upon a lot occupied by such use.
B.
The extension or enlargement of a conforming building occupied by a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
2.
The foregoing extensions or enlargements shall be subject to the following conditions:
A.
The extension or enlargement shall conform to the height, area, yard and coverage regulations of the district in which it is permitted. Extension or enlargement shall not exceed 33-1/3%.
B.
The extension or enlargement of the building or use shall be provided with off-street parking and loading spaces as required by Part 9, "Off-Street Parking."
C.
The extension or enlargement does not replace a conforming use.
§ 1705 Change of Use.
[Ord. 1983-4, 12/5/1983, § 12.16(e); as amended by Ord. 1998-4, 11/2/1998, § 1]
The Zoning Hearing Board may grant a special exception to substitute a nonconforming use of land, building or structures with another nonconforming use of land, buildings or structures if the applicant can demonstrate to the zoning Hearing Board's satisfaction that the proposed nonconformity is no more detrimental to the area than the existing nonconformity, that the proposed nonconforming use would cause no new nonconformities, except for use. The Zoning Hearing Board may attach reasonable conditions to the grant of the special exception to ensure that the new nonconforming use remains no more detrimental to the area than the existing nonconforming use was.
§ 1706 Abandonment and Discontinuance.
[Ord. 1983-4, 12/5/1983, § 12.16(f); as amended by Ord. 2008-6, 11/3/2008]
1.
A nonconforming use, when discontinued, for any reason whatsoever, for a period of more than one year, shall be considered abandoned and may not be resumed, and any subsequent use of the building or land must comply with the use requirements of the district in which the building or land is located.
2.
Hereafter, removal of a nonconforming mobile home from the site it occupied shall constitute abandonment of the space so occupied, unless a new home is installed within one year, and subsequent use of said space shall conform with the provisions of this Chapter.
3.
The removal of a mobile home from a residential lot already occupied by a residential building shall constitute abandonment of the nonconforming use, and such use shall not thereafter be permitted.
4.
Hereafter, trailer camps or trailer parks, which are nonconforming under the terms of this Chapter, shall be operated in accordance with public health regulations, Commonwealth of Pennsylvania, Department of Environmental Resources, under the provisions of Act 175 of April 9, 1929, P.L. 177, as amended, and all other applicable laws.
