Ridley Township City Zoning Code
ARTICLE XV
Nonconforming Buildings and Uses
§ 325-101 Continuance.
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use of building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that no nonconforming lot shall be further increased in size.
§ 325-102 Cessation of use.
A nonconforming use shall be adjudged as terminated when there occurs an abandonment of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of six months from the date of cessation or abandonment. Such use shall not hereafter be reinstated, and the structure shall not be reoccupied except in conformance with this chapter.
§ 325-103 Restoration.
If any nonconforming use shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of more than 50% of the building, then such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector.
§ 325-104 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
§ 325-105 Alterations.
A.
Upon application for a special exception, the Zoning Hearing Board may approve the expansion or alteration of a use of land or buildings which is not in conformance with the provisions of this chapter, provided such expansion or alteration of use is restricted to an additional area not exceeding 35% of those existing buildings, structures, parcels, lot or tracts of land devoted to the nonconforming use and existing on the effective date of this chapter or any amendment thereto creating the nonconformity. However, such approved expansion or alteration of a nonconforming use shall not create new dimensional nonconformities except upon the approval of a variance by the Zoning Hearing Board.
B.
A dimensional nonconformity may be altered or expanded only if such alteration or expansion is in conformance with the provisions of this chapter; however, upon issuance of a special exception, additions or improvements may be made, provided that such additional or improvement does not create new dimensional nonconformities or future increase existing dimensional nonconformities.
C.
With the exception of unenclosed decks which may, by right, extend the existing nonconforming side yards of the principal building without further encroaching into any required yard setbacks.
[Added 4-20-1995 by Ord. No. 1735]
§ 325-106 Effect on previously approved construction.
Nothing herein contained shall require any changes in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
§ 325-107 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 325-108 Discontinued nonconforming use of open land.
All nonconforming signs, billboards, junk storage areas, storage areas and similar nonconforming use of open land not involving a substantial investment in permanent buildings, when abandoned or damaged to an extent of 50% or more of replacement costs, shall not be continued or reconstructed.