A.
Within the districts established by this chapter or amendments that
may later be adopted, there exist lots, structures, and uses of land
and structures which were lawful before enactment of the Hempfield
Township Zoning Ordinance of 1969, but which are prohibited, regulated
or restricted under the terms of said Zoning Ordinance of 1969 and
subsequent amendments, including this chapter (the Zoning Ordinance
of 2012).
B.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their survival.
It is further the intent of this chapter that nonconformities shall
not be enlarged upon, expanded or extended, unless all applicable
provisions of this chapter pertaining to setbacks, parking and utilities,
where applicable, are complied with.
The following provisions shall apply to all nonconforming uses
as defined by this chapter, in all zoning districts:
A.
Continuation. Where, at the effective date of adoption or amendment
of this chapter, a lawful use of a lot or structure exists that is
made no longer permissible under the terms of this chapter as enacted
or amended, such use may be sold or otherwise transferred to other
owners and may be continued as long as the use conforms to all other
applicable regulations of the Township, county, commonwealth and federal
government and the provisions of this article governing nonconforming
uses, structures and lots.
B.
Change of use. A nonconforming use may be changed to a different
nonconforming use, provided that an application for a special exception
for the new nonconforming use is filed with the Zoning Hearing Board
and the Board finds that the proposed use is equal to or more compatible,
in terms of characteristics of the use, including but not limited
to noise, lighting, traffic, environmental and other impacts deemed
relevant, with uses permitted in the zoning district than the preceding
nonconforming use. In permitting such change of nonconforming use,
the Zoning Hearing Board may require appropriate conditions and safeguards
in accordance with the provisions of this chapter.
[Amended 1-20-2016 by Ord. No. 2016-02]
C.
Enlargement or expansion.
(1)
A nonconforming use may be expanded or enlarged upon approval as a special exception by the Zoning Hearing Board, subject to the general criteria set forth in Article XXVI and upon a finding that the enlargement or extension is necessary to accommodate the natural expansion and growth of trade of the nonconforming use. In addition, any such expansion shall comply with the following criteria:
(a)
The extension becomes an attached part of the main structure
or uses land contiguous to the lot area currently occupied by the
use and does not utilize additional or adjoining land area other than
the original parcel.
(b)
The extension meets the lot area requirements, the maximum building
height and other dimensional requirements of the zoning district in
which the nonconforming use is presently located.
(c)
The extension is for the purpose of expanding the nonconforming
use in existence at the time of the adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(d)
Such extension does not result in an increase of more than 25%
of the gross floor area or lot area occupied by the nonconforming
use as existed at the time of adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(e)
Adequate parking can be provided in conformance with this chapter
to serve both the original and expanded use.
(f)
Such expansion does not present a threat to the health or safety
of the community or its residents.
(2)
Only one enlargement or expansion of a nonconforming use shall be
permitted by the Zoning Hearing Board unless it determines that all
expansions, in the aggregate, do not result in an increase of more
than 25% of the gross floor area or lot area occupied by the nonconforming
use as it existed at the time of adoption of this chapter or amendment
thereto which caused the use to become nonconforming. Any subsequent
enlargement or expansion shall comply with all other requirements
of this section.
(3)
This subsection shall not apply to signs.
D.
Moving of nonconforming use. A nonconforming use shall not be moved,
in whole or in part, to any portion of the lot or parcel other than
that occupied at the time of enactment of this chapter, unless approved
by the Zoning Hearing Board under the special exception provisions
of this chapter.
E.
Damage and reconstruction. Any structure which houses a nonconforming
use which is damaged by fire, flood, explosion or other casualty may
be reconstructed and used as before if such reconstruction is initiated
and completed within one year of such casualty and if the restored
structure has no greater impervious surface coverage and no greater
cubic volume than before such casualty.
F.
Abandonment. A nonconforming use of a structure or lot that has been
abandoned or discontinued shall not thereafter be returned to a nonconforming
use. A nonconforming use shall be considered abandoned when any of
the following can be established:
(1)
The characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days, unless other facts or circumstances
show a clear intention to resume the nonconforming use.
(2)
The nonconforming use has been discontinued for a period of 12 months
or for 18 months during any three-year period, except where the owner
is attempting to actively sell or lease the lot or structure where
the use was conducted.
(3)
It has been replaced by a conforming use.
The following provisions shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts:
A.
Continuation. Where, at the effective date of adoption or amendment
of this chapter, a lawful structure exists that is made no longer
permissible by the terms of this chapter as enacted and amended, such
structure may be sold or otherwise transferred to other owners and
may continue to exist as long as the structure conforms to all other
applicable regulations of the Township, county, commonwealth and federal
government and the provisions of this article governing nonconforming
uses, structures and lots.
B.
Structural alteration.
(1)
Structures may be enlarged or structurally altered as long as the
following criteria are met:
(a)
The expansion of the structure, as measured in square feet,
cannot increase the footprint of the original structure by more than
25%.
(b)
The expansion cannot increase the already existing nonconformity.
The structure may be enlarged by right along the building lines of
the existing nonconformity when all applicable requirements of this
chapter are met.
(2)
If the above-listed criteria cannot be met, an application may be
filed with the Zoning Hearing Board. The Zoning Hearing Board may,
after a public hearing, authorize a reasonable modification of such
structure if it determines that denying the application would cause
undue hardship to the applicant.
C.
Damage or destruction. Any nonconforming structure which has been
partially or completely damaged or destroyed by fire or other accident
or act of God may be rebuilt or repaired on its existing foundation
even though such foundation may violate the setback requirements for
the zoning district in which the structure is located, provided that
the repair or reconstruction and reoccupancy of the structure is initiated
and completed within one year of the date of such casualty.
D.
Moving. Should a nonconforming structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
of the zoning district in which it is located.
E.
Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided that
no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 75% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this article.
(2)
Nonconforming signs may not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that the interchange
of lettering shall be permitted.
The following regulations shall apply to all nonconforming lots,
as defined by this chapter, in any zoning district:
A.
Any nonconforming lot of record existing at the effective date of
this chapter and held in separate ownership different from the ownership
of adjoining lots may be developed in accordance with the requirements
of the zoning district of the lot of record.
B.
Where two or more adjacent lots of record with continuous frontage each have less than the required area and/or lot width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this article. No division of any lot shall be made which does not comply with the requirements of this article. Any change in lot lines necessary to meet the minimum requirements of this article shall constitute a revision to the recorded plan and shall meet all applicable requirements of Chapter 76, Subdivision of Land.
C.
Where structures exist on adjacent nonconforming lots of record which
have front yards less than the minimum depth required, the minimum
front yard for an adjacent, undeveloped, nonconforming lot of record
shall be the average depth of the nonconforming front yards of the
adjacent developed nonconforming lots which are in the same block
on the same side of the street and in the same recorded plan as the
undeveloped lot. Private garages, storage sheds, swimming pools and
similar structures shall be located to the rear of the permitted principal
structure and may be permitted in the rear yard, provided that they
are no closer than 10 feet from the rear lot line and are not located
on any easements or rights-of-way.
A.
The owner of a nonconforming use shall make an application for registration
of the nonconforming use and, upon presentation of documentation acceptable
to the Zoning/Code Enforcement Officer that the use was lawfully in
existence prior to the effective date of this chapter or any amendment
which created nonconformity, the Zoning/Code Enforcement Officer shall
register the same on a map by the Westmoreland County Tax Mapping
Department by map and tract number as a legal nonconforming use.
B.
In the course of administering this chapter and reviewing applications
for land development, zoning certificates, special exceptions or variances,
the Zoning/Code Enforcement Officer shall register all nonconforming
structures and nonconforming lots as they become known through the
application process.
