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. 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. Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall be enlarged
or increased or extended to occupy a greater area than was occupied
at the effective date of adoption of this chapter, unless the 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, unless a variance is granted.
(2)
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.
(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, except on a lot or portion of a lot at the
time the use became nonconforming.
C. Change of use.
(1)
A nonconforming use shall not be changed unless to a conforming
use, except as permitted by the Zoning Hearing Board in accordance
with the following:
(a)
The new use will more closely correspond to the uses permitted
in the district; and
(b)
The changed use will be in keeping with the character of the
neighborhood in which it is located.
(2)
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 Article
XVI 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.
These regulations 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 size of the original structure by more than 25%.
(b)
The expansion cannot increase the already existing nonconformity,
or create any other zoning problem.
(2)
If the above-listed criteria cannot be met, an application may
be filed with the Zoning Hearing Board, which, after a public hearing,
may determine undue hardship and may authorize a reasonable modification
of such structure.
C. 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.
D. Moving. Should such structure be moved for any reason for any distance
whatsoever, 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 50% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provision 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.
F. 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.
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 nonconformity, the Zoning Officer shall register the same
on a map and by Westmoreland County Tax Mapping Department map and
tract number as a legal nonconforming use. In the course of administering
this chapter and reviewing application for zoning certificate or variances,
the Zoning Officer shall register all nonconforming structures and
nonconforming lots as they become known through the application process.