ORDINANCE NO. _05-2007__

BE IT ENACTED AND ORDAINED by the Board of Supervisors of Londonderry Township, Chester County, Pennsylvania, that the Londonderry Township Zoning Ordinance, as amended, be further amended as follows:

SECTION 1. Article XXII, Zoning Hearing Board, Section 170-167, Time Limitations, new Subsection C shall be added as follows:

C. Any grant of approval of a special exception or variance shall be deemed null and void twelve (12) months from the date of such approval if, within that period, no application is made for:
(1) A zoning permit;
(2) A certificate of use and occupancy; or
(3) Subdivision or land development approval
as appropriate, unless the Zoning Hearing Board shall grant an extension that has been requested in writing by the applicant. A maximum of two such extensions, neither of which shall be for a period exceeding six (6) months, may be granted.

SECTION 2. Article XXI, Administration and Enforcement, Section 170-157, Conditional Use Procedures and General Standards, Subsection D, Determination by the Board of Supervisors, subsection (3) shall be amended in its entirety as follows:

(3) Any grant of conditional use approval shall be deemed null and void twelve (12) months from the date of such approval if, within that period, no application is made for:
(1) A zoning permit;
(2) A certificate of use and occupancy; or
(3) Subdivision or land development approval
as appropriate, unless the Board of Supervisors shall grant an extension that has been requested in writing by the applicant. A maximum of two such extensions, neither of which shall be for a period exceeding six (6) months, may be granted.

SECTION 3. Article XVIII, General Regulations, Section 170-121, Accessory Use Regulations, Subsection B, Area and height, shall be amended in its entirety as follows:
B. Area and height.
(1) No accessory use or structure shall be located closer than 15 feet to any rear or side lot line.
(2) Where more stringent setback restrictions are specified in specific districts, those restrictions shall apply.
(3) No accessory structure shall be located in any minimum required front yard, other than a roadside stand for the sale of farm products, in accordance with §170-121.A(7), above.
(4) Except as provided herein, no accessory structure shall exceed 15 feet in height. Exceptions shall include:
(a) Accessory structures exempted under the terms of §170-97.A.
(b) Accessory structures listed in §170-121.A(6), above.
(c) An accessory structure with a height in excess of 15 feet, where the structure is set back from any side and rear lot line at least one and three-quarter (1.75) additional feet further than the minimum required distance for each foot in height greater than 15 feet.
Maximum height of such structures shall be governed by the maximum building height restrictions of this ordinance.

SECTION 4. Article II, Definitions and Word Usage, Section 170-13, Definitions, the following definitions shall be revised in their entirety:

YARD, REAR - An open space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. A principal building shall not extend into the required rear yard.

YARD, SIDE - An open space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A principal building shall not extend into the required side yards.

SECTION 5. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

SECTION 6. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.

SECTION 7. This amendment shall be effective 5 days following adoption, as by law provided.

IN ALL OTHER RESPECTS and regards, the Township Zoning Ordinance, adopted October 16, 1979, as previously amended on several occasions since that date, is hereby confirmed and continued.