Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Amended by Ord. No. 4-10-78D; by Ord. No. 4-10-89E]
The lawful use of a building existing at the time of the effective date of this Ordinance may be continued to the same use although such use does not conform to the provisions hereof or may be changed to a conforming use. Any change in use of a nonconforming principal or accessory use to a different nonconforming use is permitted only if in accordance with the provisions specified in section on Change in Use of Nonconforming Use in the Conditional Uses Article. The change in a permitted use where the number of parking spaces is legally nonconforming to another permitted use without meeting the parking requirements shall be deemed a change of the nonconforming use subject to the requirements of this section. Whenever the use of a building or lot becomes nonconforming through a change in the Zoning Ordinance or district boundaries, such use may be continued, and it may be changed to another nonconforming use in accordance with the provisions specified in section on Change in Use of a Nonconforming Use. If a nonconforming use is sold, or if there is a change in tenancy, the new owner or tenant may continue the current use upon transfer of the occupancy permit to the new owner or tenant, but may not change to another nonconforming use except in accordance with the provisions of section on Change in Use of a Nonconforming Use. The Zoning Officer may require the new owner or tenant to submit reasonable documentation proving the use is a continuation.
[Amended by Ord. No. 4-10-78D]
Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of 12 consecutive months, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and any new use must be in conformity.
[Amended by Ord. No. 4-10-78D]
Any building or premises devoted to a use not permitted in the district in which it is located, may be enlarged, extended or altered so long as the enlarged building does not exceed by more than 25% the established gross floor area of the original nonconforming use. Nonconforming setbacks shall not be further extended.
[Amended 9-13-1999 by Ord. No. 9-13-99B]
[Amended by Ord. No. 4-10-78D]
Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God shall be allowed to be repaired or reconstructed to the extent of the original building size and location.
No building or structure designed or intended to be utilized for a nonconforming use shall be constructed or allowed unless construction is already underway at the time of the enactment or subsequent amendment of this Ordinance and is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this Ordinance. All outstanding building permits for construction, which do not meet these requirements are hereby rendered null and void.
The provisions of this article shall not apply to any building or structure which is designated by the Planning Commission, with concurrence of Council, to be a historical landmark.