This article 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.
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 by same owner. 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 continued as
long as it remains otherwise lawful in accordance with the provisions
of this article and all other applicable regulations.
B.
Transfer and continuation by new owner. 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 a new owner and may be continued
by the new owner as long as it remains otherwise lawful in accordance
with the provisions of this article and all other applicable regulations.
C.
Unlawful use of land or buildings. Where the use of
a lot or structure existing at the time of adoption of the chapter
was not legal, the use shall remain illegal and unlawful subject to
all of the provisions and penalties of this chapter even if located
in a zoning district where such use is permitted under the terms of
this chapter, unless such use meets all of the area and bulk regulations,
off-street parking regulations and all other regulations applicable
to that use for the zoning district in which it is located.
D.
Enlargement or expansion:
(1)
In any zoning district, no nonconforming use
of a lot or structure for other than residential purposes shall be
enlarged or increased or extended to occupy an area of land more than
25% greater than was occupied at the effective date of adoption or
amendment of this chapter which made the use nonconforming, unless
the Zoning Hearing Board, after public hearing, shall interpret that
the enlargement or extension is necessitated 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)
Any residential use which is a nonconforming
use in any zoning district shall be permitted to be expanded without
approval by the Zoning Hearing Board, provided the expansion complies
with all applicable area and bulk regulations of the zoning district
in which it is located and the number of dwelling units is not increased.
(3)
No nonconforming use shall be moved in whole
or in part to any other portion of the lot occupied by such use at
the effective date of adoption or amendment of this chapter.
(4)
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. A nonconforming use shall not be extended
to occupy any lot or portion of a lot that was acquired after the
use became nonconforming.
E.
Change of use. A nonconforming use shall not be changed
to any use other than a conforming use, except as authorized by the
Zoning Hearing Board as a use by special exception, in accordance
with the following express standards and criteria:
(1)
The new nonconforming use shall be equal to
or better than the existing nonconforming use. In determining whether
the new use is equal to or better than the existing nonconforming
use, the Zoning Hearing Board shall make the following analysis:
(a)
Identify the most restrictive zoning district
in which the existing nonconforming use is authorized as a permitted
use, a conditional use or a use by special exception.
(b)
Determine whether the new nonconforming use
is authorized as a permitted use, a conditional use or a use by special
exception in the same zoning district as the existing nonconforming
use or in a more restrictive zoning district.
(c)
If the new nonconforming use is not in the same
zoning district or a more restrictive zoning district as the existing
nonconforming use, the new use shall be judged to be not equal to
or better than the existing nonconforming use.
(2)
In addition, in determining whether the new
nonconforming use is equal to or better than the existing nonconforming
use, the Board shall consider the following:
(a)
The number of employees, if any, proposed in
the new use compared with the existing use.
(b)
The type of activities, products, equipment
and processes and magnitude of walk-in trade, if any, in the new use
compared with the existing use.
(c)
The comparative impact on the environment of
the new use.
(3)
The new use shall be in keeping with the character
of the neighborhood in which it is located.
(4)
The new use shall conform to the off-street parking requirements of Article XIV of this chapter for the new use.
(5)
The new use shall be subject to the area and
bulk regulations of the zoning district in which the new use is located.
(6)
The new use shall be subject to the buffer area requirements of § 225-121 of this chapter, based on the requirements for the use in the most restrictive zoning district in which the use is an authorized use.
(7)
The new use shall be subject to any applicable
express standards and criteria for the use, if the use is authorized
as a conditional use or use by special exception, in the most restrictive
zoning district where such use is authorized.
(8)
When a nonconforming use is changed to a conforming
use, the use thereafter shall not be changed to a nonconforming use.
(9)
Where a nonconforming use exists on a lot, a
conforming use shall not be established on the same lot unless the
nonconforming use is discontinued.
F.
Abandonment. When a nonconforming use of a structure
and/or lot is discontinued or abandoned for 12 consecutive months,
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,
unless the owner can provide evidence that there was no intention
to abandon the nonconforming use, including but not limited to serious
illness of the owner which interrupted the continuity of the nonconforming
use, failed attempts to diligently market the property for the continuation
of the nonconforming use, or inability to transfer the property for
the continuation of the nonconforming use for reasons outside the
control of the owner, such as required permits, licenses or other
similar requirements.
G.
Damage or destruction.
(1)
In the event that damage or destruction of a
structure in which a nonconforming use is conducted involves 50% or
less of the gross floor area of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is diligently and
visibly pursued under a valid building permit within 18 months of
the date of such damage or destruction.
(2)
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 50% of the gross floor area of the structure,
repairs or reconstruction may be authorized as a use by special exception
by the Zoning Hearing Board in accordance with the following express
standards and criteria:
(a)
Off-street parking shall be provided in accordance with the requirements of Article XIV of this chapter for the use.
(b)
The repair or reconstruction shall conform to
the requirements of the Borough Building Code and Fire Code and to
all applicable requirements of the Pennsylvania Department of Labor
and Industry.
(c)
The reconstruction shall comply with all applicable
regulations of the zoning district, other than use, unless the structure
is nonconforming and/or a variance is granted to the applicable regulations
upon demonstration of physical hardship.
(e)
The repair or reconstruction shall comply with all applicable buffer area requirements of § 225-121 of this chapter.
(f)
If the nonconforming use is governed by any express standards and criteria in § 225-118 of this chapter for conditional uses or uses by special exception, the repair or reconstruction shall comply with all applicable express standards and criteria, unless the Zoning Hearing Board grants a variance to the applicable regulations upon demonstration of physical hardship.
(g)
Approval of the repair or reconstruction of
the structure housing the nonconforming use shall be conditioned upon
the repair or reconstruction being diligently and visibly pursued
under a valid building permit within 18 months of the date of the
decision by the Zoning Hearing Board or, if the Board's decision is
appealed, within 18 months of the final adjudication.
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
except when the Zoning Hearing Board, after public hearing, may determine
undue hardship and may authorize a reasonable modification of such
structure.
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 is diligently and visibly pursued under
a valid building permit within 18 months of the date that the original
structure was damaged or destroyed.
C.
Moving. Should a nonconforming 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 the area
of the structure at the time of destruction shall not be reconstructed
except in conformity with the provisions of this chapter. Nonconforming
signs which are damaged or destroyed to an extent of 50% or less of
the area of the structure may be repaired or reconstructed, provided
that such restoration is completed within 30 days of the damage or
destruction.
(2)
Nonconforming signs shall not be enlarged, added
to or replaced by another nonconforming sign, use or structure, except
that the interchange of advertising panels shall be permitted.
E.
Repair and 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 the Borough
Building Inspector or any other official charged with protecting the
safety of the public.
A.
In the S Conservancy and R Residential Zoning Districts,
any lot of record existing at the effective date of this chapter may
be used for the erection of a single-family dwelling or an accessory
structure to such dwelling 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 dwelling shall comply with the front,
rear and side yards, height and lot coverage standards of the zoning
district wherein it is located.
B.
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 to developed nonconforming lots within
200 feet on either side of the undeveloped lot.
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 which created the nonconformity, the Zoning
Officer shall register the same on a map and by Allegheny County Tax
Assessor's Block and Lot Number as a legal nonconforming use. In the
course of administering this chapter and reviewing applications for
zoning certificates or variances, the zoning officer shall register
all nonconforming structures and nonconforming lots as they become
known through the application process.
