West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Nonconformance
§ 200-132 Applicability of regulations.
The following regulations shall apply to existing uses, structures, buildings, lots, and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto, but do conform to the provisions under the West Brandywine Township Zoning Ordinance of 1968, prior to amendment, or are lawfully nonconforming under the Zoning Ordinance of 1968.
§ 200-133 Nonconforming uses.
Except as provided in this article, any lawful use existing at the effective date of this chapter, which does not conform with the provisions of this chapter, shall comply with the following:
A.
Continuation. Any lawful nonconforming use of structure or of land legally existing on the effective date of this chapter may be continued except as otherwise herein provided.
B.
Extension of use. Any lawful nonconforming use of land or of buildings may be extended upon the lot on which it exists at the time of the effective date of this chapter. Such extension shall conform to the area and bulk requirements and 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. The volume, area, or extent of the nonconforming use devoted to such extension shall not be increased by more than 50% of the area so used on a lot or within a building or structure on the date that it became nonconforming.
C.
Change in use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
§ 200-134 Nonconforming buildings and structures.
Except as provided in this article, any building or structure existing at the time of passage or amendment to this chapter shall comply with the following:
A.
Continuation. Any lawful nonconforming building or structure legally existing on the effective date of this chapter may be continued.
B.
Restoration. Any lawful nonconforming building or structure which has been involuntarily damaged by fire or some other calamity may be restored within the limits of the existing foundation, provided restoration shall begin within one year from the date of damage or destruction and shall be carried on without interruption. Evidence of a hardship beyond the control of the applicant is necessary to request an extension of time from the Board.
C.
Extension. Any lawful nonconforming building or structure existing at the time of the effective date of this chapter may be extended provided such extensions conform to the applicable area and bulk requirements, but shall not exceed 50% of the floor area of the nonconforming building as it existed at the time of the effective date of this chapter.
[Amended 8-11-1986 by Ord. No. 86-02]
§ 200-135 Nonconforming lots.
A lot, held at the effective date of this chapter in single and separate ownership, which does not meet the required minimum area or dimension requirements or is of such unusual dimensions to prevent required open spaces from being provided, may be used or have a building erected or altered upon it. A granting of a variance by the Zoning Hearing Board shall be required for any building or structure upon a nonconforming lot when setback requirements cannot be met. The provisions of § 200-139 shall govern the review of uses on nonconforming lots. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure.
§ 200-136 Nonconforming signs.
Any sign existing at the effective date of this chapter that does not conform to the provisions of Article XVII shall be considered a lawful nonconforming sign. All nonconforming signs shall be made conforming or removed within three years of the effective date of this chapter. During the three-year period, lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions of the existing nonconforming sign.
§ 200-137 Displacement.
No nonconforming use shall be extended to displace conforming use.
§ 200-138 Abandonment.
Whenever a lawful nonconforming use of land or of a building or structure is abandoned, discontinued or left vacant for a continuous period of one year or more, subsequent use of such buildings or structures, or of land shall be in conformance with the provisions of this chapter.
§ 200-139 Special exception criteria for nonconformance.
In considering a special exception to permit a nonconforming use, building or structure to occur on a nonconforming lot, the Zoning Hearing Board shall consider the following criteria:
A.
Nonconforming lots. The proposed use and buildings conform to the permitted use and bulk requirements of the district in which such lot.
B.
Nonconforming buildings and structures. The alteration or expansion of such buildings and structures conforms to the building height requirement and shall not impose any hazard to adjoining properties.
C.
Nonconforming use. The design standards imposed for uses within the applicable district have to be appropriately applied to the use of the lot.