Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1052, passed 4-22-1991]
A nonconforming structure is one that met all zoning requirements when it was built or when its building permit was issued and now fails to meet the current zoning requirements. Any addition made to the structure after it became a nonconforming structure must conform to the current Code. If the aboveground portion of the structure is more than 50% destroyed or razed as measured by assessed valuation of the property based on the current deed and assessment registry of the County of Allegheny, it may be rebuilt only if made to conform to this Code.
[Ord. 741, passed 7-3-1978; Ord. 1052, passed 4-22-1991; Ord. 1339, passed 12-18-2006]
(a) 
A nonconforming use is one that met all zoning requirements when the use was started but now fails to meet the current zoning requirements. A nonconforming use shall not be resume after being abandoned. Discontinuance for one year shall be considered abandonment. The scope of the nonconforming use shall not be enlarged more than 25% of its size at the time the use became nonconforming.
(b) 
A change from one conforming use to another conforming use, shall require the submission of a site plan for approval. The Zoning Administrator shall have authority to either approve the site plan or refer it to the Planning Commission for approval, pursuant to Article 1345.
(c) 
Legal nonconforming uses shall not lose their nonconforming status due to acquisition in part for a State or local highway project, whether by amicable deed or condemnation, that affects the dimensional nonconformity of the property. If a variance request is deemed required for such a property, the impact of the acquisition for public purposes shall be considered an unnecessary hardship to the property.
[Ord. 741, passed 7-3-1978]
A change from one nonconforming use to another nonconforming use may be authorized by the Zoning Hearing Board when the Board considers the change to meet the criteria stated in Section 1349.06.
[Ord. 741, passed 7-3-1978]
If a use becomes nonconforming as a result of a change in zoning classification requested by the owner, such use shall end within two years after the issuance of the first building permit issued for construction on the rezoned property.
[Ord. 1052, passed 4-22-1991]
The Zoning Officer shall register nonconforming structures, and uses, together with the reason why the structure or use is nonconforming. A zoning occupancy permit shall then be issued to the owner of such structure or use.