A.
Within the districts established by this part or amendments that
may later be adopted there exist lots, structures, uses of land and
structures, and characteristics of use which were lawful before enactment
of the Fox Chapel Zoning Ordinance of 1935, but which were prohibited,
regulated or restricted under the terms of said Zoning Ordinance of
1935 and subsequent amendments, including this Zoning Ordinance of
1971.
B.
It is the intent of this Part 1 to permit these nonconformities to
continue until they are removed but not to encourage their survival.
It is further the intent of this Part 1 that nonconformities shall
not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
C.
Nonconforming uses are declared by this Part 1 to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure, a nonconforming use of land, or a nonconforming use
of structure and land in combination shall not be extended or enlarged
after passage of this Part 1 by attachment on a building or premises
of additional signs intended to be seen from off the premises or by
the addition of other uses of a nature which would be prohibited generally
in the district involved.
Where at the time of passage of the Fox Chapel Zoning Ordinance
of 1935 lawful use of land existed which was not permitted by said
Zoning Ordinance of 1935 or any amendment thereto, including this
Zoning Ordinance of 1971, and where such nonconforming use has been
maintained with no interruption lasting longer than one year, and
where such use involves no individual structure with a market value
exceeding $1,000, the use may be continued so long as it remains otherwise
lawful, provided that:
A.
No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this Part 1.
B.
No such nonconforming use shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use
at the effective date of adoption or amendment of this Part 1.
C.
If any such nonconforming use of land ceases for any reason for a
period of more than 30 days, any subsequent use of such land shall
conform to the regulations specified by this Part 1 for the district
in which such land is located.
D.
No additional structure not conforming to the requirements of this
Part 1 shall be erected in connection with such nonconforming use
of land.
Where at the time of passage of the Fox Chapel Zoning Ordinance
of 1935 a lawful structure existed which could not be built under
the terms of said Zoning Ordinance of 1935 or any amendment thereto,
including this Zoning Ordinance of 1971, by reason of restrictions
on area, lot coverage, height, yards, its location on the lot, or
other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
A.
No such nonconforming structure may be enlarged or altered in a way
which increases its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity.
B.
Should such nonconforming structure or nonconforming portion of a
structure be destroyed by any means to an extent of more than 50%
of its replacement value at time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Part 1.
C.
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
A.
No existing structure devoted to a use not permitted by this Part
1 in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located;
B.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this Part 1, but no such use shall be
extended to occupy any land outside such building;
C.
If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may as a special exception be
changed to another nonconforming use, provided that the Zoning Hearing
Board, either by general rule or by making findings in the specific
case, shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use. In
permitting such change, the Zoning Hearing Board may require appropriate
conditions and safeguards in accord with the provisions of this Part
1;
D.
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district, and the nonconforming
use may not thereafter be resumed;
E.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for six consecutive months
or for 18 months during any three-year period (except when government
action impedes access to the premises), the structure, or structure
and premises in combination, shall not thereafter be used except in
conformity with the regulations of the district in which it is located;
F.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land. "Destruction" for the purpose
of this subsection is defined as damage to an extent of more than
50% of the replacement cost at time of destruction.
A.
In any district a single-family dwelling and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of this Part 1, notwithstanding limitations
imposed by other provisions of this Part 1. Such lot must be in single
and separate ownership and not of continuous frontage with other lots
in the same ownership. This provision shall apply even though such
lot fails to meet the requirements for area or width, or both, that
are generally applicable in the district, provided that yard dimensions
and requirements other than these applying to area or width, or both,
of the lot shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements shall be obtained
only through action of the Zoning Hearing Board.
B.
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single and separate ownership are of record
at the time of passage or amendment of this Part 1, and if all or
part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this Part 1, and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with
lot width and area requirements established by this Part 1, nor shall
any division of any parcel be made which creates a lot with width
or area below the requirements stated in this Part 1.
A.
On any nonconforming structure or portion of a structure containing
a nonconforming use, ordinary repairs may be made and nonbearing walls,
fixtures, wiring or plumbing may be repaired or replaced, provided
that the cubic content existing when it became nonconforming shall
not be increased.
B.
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
C.
Nothing in this Part 1 shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
Any use which is permitted as a special exception or a conditional
use in a district under the terms of this Part 1 (other than a change
through Zoning Hearing Board action from a nonconforming use to another
use not generally permitted in the district) shall not be deemed a
nonconforming use in such district but without further action shall
be considered a conforming use.
