A.
Within the zoning districts established by this chapter, there exist
uses and lots of land that were lawful before this chapter's adoption
but which are now prohibited, regulated or restricted under the terms
of this chapter. It is the intent of this chapter to permit these
nonconformities to continue until they are removed, but not to encourage
their survival. Such uses are considered incompatible with the permitted
uses in the zoning districts involved.
B.
A nonconforming structure may be modified, expanded and/or enlarged,
so long as:
C.
A nonconforming use may be extended throughout a building that was
designed and arranged specifically for the nonconforming use, but
the nonconforming use shall not be permitted to occupy land outside
the building. If the use of any such nonconforming structure or lot
ceases for any reason for a period of time as defined by the Borough,
any subsequent use of the structure or lot shall conform to the regulations
specified by this chapter for the zoning district involved.
D.
Accordingly, the following sections divide nonconformities into five
classes and provide appropriate regulations for each class. These
classes are:
(1)
Vacant lots smaller than the minimum size, width, depth or any
combination thereof required by this chapter.
(2)
Nonconforming buildings and structures used for a permitted
use.
(3)
Nonconforming uses of conforming buildings and structures.
(4)
Nonconforming buildings and structures used for a nonconforming
use.
(5)
Nonconforming uses of land.
A.
Use of nonconforming vacant lots.
(1)
In any zoning district in which single-family residential buildings are permitted, a single-family residential building and associated accessory buildings may be erected on any single lot of record existing on the date of adoption or amendment of Borough of Oakmont Chapter 205, Zoning. Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the zoning district's requirements for area or width, or both, provided that the lot conforms to the zoning district's setback dimensions and other requirements not involving area or width, or both. Variance of area, width and setback 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 this chapter, the lands involved shall be considered
to be an undivided parcel for the purposes of this chapter, and no
portion of the parcel shall be used or sold which does not meet lot
width and area requirements 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.
Nonconforming buildings and nonconforming structures are subject
to all of the following regulations:
A.
Ordinary repair and maintenance.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Subsection D of this section, in accordance with the order of a public official who is charged with protecting the public safety and who declares such building to be unsafe and orders its restoration to a safe condition.
B.
Repairs and alterations. Repairs, maintenance, alterations and modernization
may be made to a nonconforming building or structure, except that
no structural alteration shall be made in or to such building or structure
except those required by law and except those making the building
or structure and use thereof conform or more closely conform to the
regulations of the district in which it is located.
C.
Enlargements. No nonconforming building shall be enlarged or altered
in any manner which increases its nonconformity, but any building
or portion thereof may be altered to decrease its nonconformity or
extended along established, existing building setback lines, provided
that a minimum of three feet is observed.
D.
Reconstruction. In the event that a nonconforming building containing
a permitted use is damaged or 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. In the event that such damage or destruction is 50%
or less than the replacement costs of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is started within
12 months of the date of damage.
E.
Moving. No nonconforming building or other structure shall be moved
in whole or in part for any distance whatever, to any other relocation
on the same lot or any other lot, unless the entire building and the
use thereof shall thereafter conform to the regulations of the district
in which it is located after being moved.
A lawfully existing nonconforming use of part or all of a conforming
building or structure may be continued subject to all of the following
provisions:
A.
Expansion of nonconforming use. A nonconforming use of a part of
a building or structure may be expanded or extended into any other
portion of such building or structure, provided that such expansion
or extension shall not in any case be detrimental to or tend to alter
the character of the neighborhood and that approval therefor be granted
by the Zoning Hearing Board.
B.
Enlargement of buildings containing nonconforming uses. No structural
enlargements or additions to a building or structure containing a
nonconforming use shall be made which, when added to all structural
enlargements and additions made since the use first began to be nonconforming,
shall cause the aggregate gross floor area of all such structural
enlargements and additions to exceed 10% of the gross floor area of
the structure when the use first began to be nonconforming, subject
to the following provisions:
(1)
Any such structural enlargements or additions shall be in conformity
with the area and height regulations of this chapter for the district
where the structure or building is located and shall be contained
within the boundaries of the lot occupied by the structure at the
time the use first began to be nonconforming; and
(2)
Any such structural enlargements or additions shall not be detrimental
to or tend to alter the character of the neighborhood and that approval
therefor be granted by the Zoning Hearing Board.
C.
Change of nonconforming use. A nonconforming use all or partially
conducted in a structure or structures may be changed to another nonconforming
use only upon determination by the Zoning Hearing Board, after public
hearing that the proposed new use will be more conforming to its neighborhood
and surroundings than the use it is to replace. In determining such
relative conformity, the Board shall review the written report of
the Zoning Officer, which shall include the recommendations of the
Planning Commission. This report shall take into consideration such
factors, among others, as traffic generated, nuisance characteristics,
such as emission of noise, dust, odors and smoke, creation of vibrations
and fire hazards, the hours and manner of operation. The Zoning Officer
may request the assistance of other applicable Borough agencies in
preparing his report.
D.
Discontinuance of nonconforming use. A use occupying a building or
structure, not conforming to the regulations of the district in which
it is located, that is discontinued during any continuous period of
time as defined by the Borough is presumed to be abandoned and shall
not be continued, and said building or structure shall only be occupied
by a use which conforms to the district in which it is located. However,
if the Zoning Hearing Board determines that the presumption of abandonment
has been rebutted, it may grant a special exception permitting the
resumption of the discontinued use.
E.
Reconstruction. In the event that a conforming building containing
a nonconforming use is damaged or destroyed by any means, said building
may be restored to its original condition.
F.
Moving. No building or other structure that is devoted in whole or
in part to a nonconforming use shall be moved in whole or in part
for any distance whatsoever to any other lot unless the entire building
or other structure and the use thereof shall thereafter conform to
the regulations of the district in which it is located after being
so moved. Moreover, no nonconforming use of land shall be moved in
whole or in part for any distance whatsoever to any other location
on the same or any other lot unless such use shall thereafter conform
to the regulations of the district in which it is located after being
moved.
A lawfully existing nonconforming building or other structure
that contains a lawfully existing nonconforming use of part or all
of said building or structure may be continued subject to all the
following provisions:
A.
Ordinary repair and maintenance of nonconforming building or structure:
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Subsection G of this section, in accordance with the order of a public official who declares such building to be unsafe and orders its restoration to a safe condition.
B.
Repairs and alterations to a nonconforming building or structure.
Repairs, maintenance, alterations and modernization may be made to
a nonconforming building or structure, except that no structural alteration
shall be made in or to such building or structure, except those required
by law and except those making the building or structure and use thereof
conform or more closely conform to the regulations of the district
in which it is located.
C.
Enlargements of nonconforming building or structure. No nonconforming
building or structure shall be enlarged or added to in any manner
unless such building or structure shall thereafter conform to or more
closely conform to the regulations of the district in which it is
located.
D.
Expansion of nonconforming use. A nonconforming use of a part of
a nonconforming building or structure may be expanded or extended
into any portion of such building or structure, provided that such
expansion or extension shall not in any case be detrimental to or
tend to alter the character of the neighborhood and that approval
therefor be granted by the Zoning Hearing Board.
E.
Change of nonconforming use. A nonconforming use all or partially
conducted in a nonconforming structure or structures may be changed
to another nonconforming use only upon determination by the Zoning
Hearing Board, after public hearing that the proposed new use will
be more conforming to its neighborhood and surroundings than the use
it is to replace. In determining such relative conformity, the Board
shall review the written report of the Zoning Officer, which shall
include the recommendations of the Planning Commission. This report
shall take into consideration specific characteristics of this new
nonconforming site and how said new site functions in relation to
its surroundings. Factors to be considered must include, but are not
limited to: proposed parking expansions or reductions, change in vehicle
and/or pedestrian entryways, potential traffic patterns and/or congestion
generated, hours of operation and anticipated levels of walk-in traffic,
proposed or potential arising nuisance characteristics such as emission
of noise (if produced), dust (if produced), odors (if produced) and
smoke (if produced/emitted), the extent to which vibrations and fire
hazards may be created based upon the land use activity, and any other
proposed and/or continued nonconformance with the Zoning Ordinance.
The Zoning Officer will denote a comparison between the above factors
as generated by the existing and the proposed land use. The Zoning
Officer may request the assistance of other applicable Borough agencies,
or any assignee(s), in developing this report.
F.
Discontinuance of nonconforming use. A use occupying a nonconforming
building or structure, not conforming to the regulations of the district
in which it is located, that is discontinued during any continuous
time as defined by the Borough shall be presumed to have been abandoned
and shall not be continued, and said building or structure shall only
be occupied by a use which conforms to the district in which it is
located. However, if the Zoning Hearing Board determines that the
presumption of abandonment has been rebutted, it may grant a special
exception permitting the resumption of the discontinued use.
G.
Reconstruction. In the event that a nonconforming use within a nonconforming
building or structure damaged or destroyed by any means to such an
extent that the cost of restoring it to its condition prior to damage
or destruction exceeds 50% of the current replacement cost of the
entire building, exclusive of foundations, such building and use shall
not be restored unless it shall thereafter conform to the regulations
for the district in which it is located.
H.
Moving. No nonconforming building or other structure that is devoted
in whole or in part to a nonconforming use shall be moved in whole
or in part for any distance whatsoever to any other lot unless the
entire building or other structure and the use thereof shall thereafter
conform to the regulations of the district in which it is located
after being so moved. Moreover, no nonconforming use of land shall
be moved in whole or in part for any distance whatever to any other
location on the same or any other lot unless such use shall thereafter
conform to the regulations of the district in which it is located
after being moved.
I.
In the event that a lot is occupied by two or more buildings and
the use of said buildings is a permitted use under this chapter and
the owner desires to sell one or more of said structures, requiring
a lot split or subdivision plan to be prepared and approved by the
prospective body of the Borough, then and in such event that the remaining
lots would not comply with the yard area and lot coverage requirements
as set forth in this chapter, said requirements shall not apply.
The nonconforming use of land not involving a building or structure
or in connection with any building or structure thereon which is incidental
or accessory to the principal use of land may be continued, subject
to all of the following provisions:
A.
Expansion of use. A nonconforming use of land may be expanded to
occupy an area which is greater by 25% than the area occupied at the
effective date of adoption of this chapter or an amendment thereto,
provided that such expansion is not detrimental to or does not alter
the character of the neighborhood and that approval therefor be granted
by the Zoning Hearing Board.
B.
Discontinuance of use. A use not conforming to the regulations of
the district in which it is located which is discontinued and is not
renewed during any continuous period of time as defined by the Borough
shall be presumed to have been abandoned and shall not be renewed
except by a use which conforms to the use regulations of the district
in which the land is located. However, if the Zoning Hearing Board
determines that the presumption of abandonment has been rebutted,
it may grant a special exception permitting the resumption of the
discontinued use.
