Londonderry Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XX
Nonconforming Use Regulations
§ 170-140 Continuation.
The lawful use of a building or land existing at the time of adoption of this chapter, or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter although such use does not conform to the provisions of this chapter.
§ 170-141 Discontinuance.
If a nonconforming use of land or a building ceases, is discontinued, is vacated or is nonoperative for a continuous period of one year or more, subsequent use thereof shall be in conformity with the provisions of this chapter.
§ 170-142 Unsafe or unlawful structures or buildings.
If a nonconforming structure or building, or portions thereof, containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.
§ 170-143 Use of land.
Any lawful nonconforming use of land exclusive of buildings and structures and the use contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and lot regulations and to the design standards of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
§ 170-144 Expansion.
A.
Any lawful nonconforming use of a portion of a building or structure may be extended throughout the building or structure existing on the effective date of this chapter.
B.
Any lawful nonconforming building or structure or nonconforming use of a building or structure may be expanded on the lot occupied by such building or structure. The expansion shall be limited to an area equal to 25% of the existing total usable floor area of the building or structure and such expansion shall be subject to the setback regulations for the district in which it is located.
§ 170-145 Reconstruction.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not infringe upon the required setback distance to a greater extent than did the former building or structure.
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 170-146 Change of use.
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use.
§ 170-147 Nonconforming lots of record.
A.
In any district in which single-family detached dwellings are permitted, a single-family detached dwelling may, as a special exception, be erected on any single lot of record at the effective date of this chapter notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in single and separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet all the lot and area requirements of the district.
B.
If two or more lots or combinations of lots or portions of lots with continuous frontage in single and separate ownership are of record at the time of passage of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. This section shall be interpreted in conjunction with Section 508(4) of the Act.[1]
[1]
Editor's Note: Original § 1709, Registration, which immediately followed this subsection, was repealed 10-8-2002.