[Ord. No. 1-1953, 2/9/1953; as amended by Ord. No. 481, 10/2/2018]
This Part shall apply to all nonconforming uses, structures,
and lots as defined by this chapter. Nothing contained herein shall
require any change in the overall layout, plans, construction, size
or designated use of any development, building, structure or part
thereof for which official approval and required permits have been
granted prior to the effective date of this chapter or any amendment
thereto.
[Ord. No. 1-1953, 2/9/1953; as amended by Ord. No. 481, 10/2/2018]
1. These
regulations shall apply to any use of a structure or lot in any zoning
district which is a nonconforming use as defined by this chapter.
Whenever the boundaries of a zoning district shall be changed so as
to transfer an area from one zoning district to another of a different
classification, these regulations shall also apply to any uses which
thereby become nonconforming:
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 it remains otherwise lawful.
B. Enlargement
or Expansion.
(1) No nonconforming use of a lot or structure shall be enlarged or increased
or extended to occupy a greater area within said lot or structure
than was occupied at the effective date of adoption or amendment of
this chapter, unless the Township Zoning Hearing Board, after public
hearing, shall interpret that the enlargement or extension is necessary
by the natural expansion and growth of trade of the nonconforming
use. Any such enlargement or expansion shall conform to the area,
height and yard requirements of the zoning district in which it is
located.
(2) No nonconforming use shall be moved in whole or in part either to
any other lot or to any other portion of the lot that was occupied
by such use at the effective date of adoption or amendment of this
chapter.
(3) Any nonconforming use may be extended throughout any part of a structure
which was designed for such use at the time the use became nonconforming;
however, a nonconforming use shall not be extended to occupy any structure
or lands, or other lots, except on a lot or portion of a lot owned
and approved and permitted for use and actually used as such at the
time the use on said lot became nonconforming.
C. Change
of Use. A nonconforming use shall not be changed unless to a conforming
use, except as permitted by the Township Zoning Hearing Board in accordance
with the following:
(1) The new use will more closely correspond to the uses permitted in
the district and neighborhood in which it is located.
(2) The changed use will be in keeping with the character of the neighborhood
in which it is located.
(3) When a nonconforming use is changed to a conforming use, the use
thereafter shall not be changed to a nonconforming use. Any change
from one nonconforming use to another shall comply with the parking
requirements of this chapter for the use and shall be subject to the
area, bulk and buffer yard regulations for such use in the district
where such use is authorized.
D. Abandonment.
When a nonconforming use of a structure and/or lot is discontinued
or abandoned for 12 consecutive months or for 18 months during any
three-year period, the structure and/or lot shall not thereafter be
used, except in conformance with the regulations of the zoning district
in which it is located.
E. Damage
or Destruction. In the event that damage or destruction of a structure
in which a nonconforming use is conducted involves 75% or less of
the total floor area of the structure, repairs or reconstruction may
be undertaken, provided that such restoration is started within 12
months of the date of destruction. In the event that a structure in
which a nonconforming use is conducted is damaged or destroyed by
fire or other means to an extent of more than 75% of its total floor
area, the structure shall be reconstructed only to house a conforming
use.
[Ord. No. 1-1953, 2/9/1953; as amended by Ord. No. 481, 10/2/2018]
1. These
regulations shall apply to all nonconforming structures, as defined
by this chapter, in all zoning districts:
A. Structural
Alteration. No such structure may be enlarged or structurally altered
in a way which increases its nonconformity.
B. Damage
or Destruction. Any nonconforming structure which has been partially
or completely damaged or destroyed by fire or other means 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 occurs within 18 months of the date
that the original structure was damaged or destroyed.
C. Moving.
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the requirements of the zoning district
in which it is located.
D. 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 50% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
(2) Nonconforming signs may not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that the interchange
of poster panels shall be permitted.
(3) A sign on a nonconforming use may be continued, but the size or shape
of such a sign shall not be modified.
(4) A sign which is nonconforming as to location on a lot or building
shall not be enlarged.
(5) Whenever any use of a building, structure or land ceases, all nonconforming
signs may be removed by the Township at the expense of the owner or
person in possession of the lot on which said sign is located after
official notification.
E. Repair
or Maintenance. Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any structure
or part thereof declared to be unsafe by any official charged with
protecting the safety of the public.
[Ord. No. 1-1953, 2/9/1953; as amended by Ord. No. 481, 10/2/2018]
1. . Any
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 used for the erection of a structure conforming to the
use regulations of the zoning district in which it is located, without
a lot area or lot width variance, even though its lot area and width
are less than the minimum required by this chapter; however, such
lot must comply with the front, rear and side yards, height and lot
coverage standards of the zoning district wherein it is located.
2. 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 on the immediately
adjacent developed nonconforming lots on either side of the undeveloped
lot; provided, however, that in no instance shall the front yard be
less than 50 feet from the center line of any public street.
[Ord. No. 1-1953, 2/9/1953; as amended by Ord. No. 481, 10/2/2018]
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 Township Zoning Officer that the use was lawfully in existence
prior to the effective date of this chapter or any amendment which
created the nonconformity, the Township Zoning Officer shall register
the same on a map and by Allegheny 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 Township Zoning Officer shall
register all nonconforming structures and nonconforming lots as they
become known through the application process.