[Ord. 366, 2/5/1992, Art. VIII, § 8.00]
The provisions of this Part shall apply to buildings, structures,
signs, lands and uses which became nonconforming as the result of
the application of this chapter to them, or from classification or
reclassification of the property under this chapter or any subsequent
amendments thereto. Uses validly established prior to the effective
date of this chapter shall not be deemed nonconforming only because
of failure to secure a special exception required under this chapter.
[Ord. 366, 2/5/1992, Art. VIII, § 8.01]
1. In any district in which single-family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this chapter, a single-family
dwelling and customary accessory buildings may be erected on any single
lot of record at the effective date of adoption or amendment of this
chapter. Such lot must be in a 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 the requirements for area
or width, or both, that are generally applicable in the district,
provided that yard dimensions and other requirements not involving
area or width or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of area, width,
and yard requirements shall be obtained only through action of the
Zoning Hearing Board.
2. If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this chapter, and if all or part of
the lots do not meet the requirements for lot width and area as established
by parcel for the purposes of this chapter, and no portion of said
parcel shall be used or sold which does not meet lot width and area
requirement established by this chapter, nor shall any division of
the parcel be made which leaves remaining any lot with width or area
below the requirements stated in this chapter.
[Ord. 366, 2/5/1992, Art. VIII, § 8.03]
Where, at the effective date of adoption or amendment of this
chapter, lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued as long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter:
C. If any such nonconforming use of land ceases for any reason for a
period of one year, any subsequent use of such land shall conform
to the regulations specified by this chapter for the district in which
such land is located.
[Ord. 366, 2/5/1992, Art. VIII, § 8.03]
If an lawful use of a structure, or of structure and premises
in combination, exists at the effective date of adoption or amendment
of this chapter, that would not be allowed in the district under the
terms of this chapter, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except
in changing the use of the structure to a use permitted in the district
in which it is located, except that a single-family dwelling located
in a C-1 district which is partially or totally damaged or destroyed
by fire or other means may be reconstructed, provided the dwelling
is rebuilt on the existing foundation and there is no increase in
any nonconforming aspect of the dwelling.
B. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another nonconforming
use provide that the Zoning Hearing Board, either by general rule
or by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Zoning
Hearing Board may require appropriate conditions and safeguards in
accord with the provisions of this chapter.
D. Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
E. When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for one year, the structure,
or structure and premises in combination, shall not thereafter be
used except in conformance with the requirements of the district in
which it is located.
F. Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
[Ord. 366, 2/5/1992, Art. VIII, § 8.04]
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards or other characteristics of the structure or its location on
the lot, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in any way which increases
its nonconformity unless an enlargement or structural alteration makes
the building more conforming or is required by law.
B. Should such structure be destroyed by any means to an extent of more
than 50% of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter.
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
D. Structural alterations may be permitted if necessary to adapt a nonconforming
building to new technologies or equipment pertaining to uses housed
in such building. Any enlargement necessary to adapt to new technologies
shall be authorized only by a variance.
[Ord. 366, 2/5/1992, Art. VIII, § 8.05]
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
[Ord. 366, 2/5/1992, Art. VIII, § 8.06]
1. 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 Officer that the use was lawfully in existence prior
to the effective date of this chapter or any amendment thereto which
created the nonconformity, the Zoning Officer shall register the same
on a map and by Butler County Deed and Assessment Registry Block and
Lot Number as a legal nonconforming use.
2. In the course of administering this chapter and reviewing applications
for zoning certificates or variances, the Zoning Officer shall register
all nonconforming lots and structures as they become known through
the application process.
[Ord. 366, 2/5/1992, Art. VIII, § 8.07]
The provisions of this Part shall not apply to any building
or structure which is designated by the Planning Commission, with
concurrence of the Borough Council, to be an "historical landmark."