[Ord. 378, 2/14/2005, § 1600]
This chapter 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.
[Ord. 378, 2/14/2005, § 1601; as amended by Ord. 394, 6/11/2012, § I.H]
1. 
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 by Same Owner. 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 continued as long as it remains otherwise lawful in accordance with the provisions of this chapter and all other applicable regulations.
B. 
Transfer and Continuation by New Owner. 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 a new owner and may be continued by the new owner, as long as it remains otherwise lawful in accordance with the provisions of this chapter and all other applicable regulations.
C. 
Unlawful Use of Land or Buildings. Where the use of a lot or structure existing at the time of adoption of this chapter was not legal, the use shall remain illegal and unlawful subject to all of the provisions and penalties of this chapter even if located in a Zoning District where such use is permitted under the terms of this chapter, unless such use meets all of the area and bulk regulations, off-street parking regulations and all other regulations applicable to that use for the Zoning District in which it is located.
D. 
Enlargement or Expansion.
(1) 
In any Zoning District, no nonconforming use of a lot or structure for other than residential purposes shall be enlarged or increased or extended to occupy an area of land more than 25% greater than was occupied at the effective date of adoption or amendment of this chapter which made the use nonconforming, unless the Zoning Hearing Board, after public hearing, shall interpret that the enlargement or extension is necessitated 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.
(2) 
Any residential use which is a nonconforming use in any Zoning District shall be permitted to be expanded without approval by the Zoning Hearing Board, provided the expansion complies with all applicable area and bulk regulations of the Zoning District in which it is located and the number of dwelling units is not increased.
(3) 
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.
(4) 
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. A nonconforming use shall not be extended to occupy any lot or portion of a lot that was acquired after the use became nonconforming.
E. 
Change of Use.
(1) 
A nonconforming use shall not be changed to any use other than a conforming use.
(2) 
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use.
(3) 
Where a nonconforming use exists on a lot, a conforming use shall not be established on the same lot unless the nonconforming use is discontinued.
F. 
Abandonment. When a nonconforming use of a structure and/or lot is discontinued or abandoned for 12 consecutive months, 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, unless the owner can provide evidence that there was no intention to abandon the nonconforming use, including, but not limited to, serious illness of the owner which interrupted the continuity of the nonconforming use, failed attempts to diligently market the property for the continuation of the nonconforming use, or inability to transfer the property for the continuation of the nonconforming use for reasons outside the control of the owner such as required permits, licenses or other similar requirements.
G. 
Damage or Destruction.
(1) 
In the event that damage or destruction of a structure in which a nonconforming use is conducted involves 50% or less of the gross floor area of the structure, repairs or reconstruction may be undertaken, provided that such restoration is diligently and visibly pursued under a valid building permit within 18 months of the date of such damage or destruction.
(2) 
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 50% of the gross floor area of the structure, repairs or reconstruction may be authorized as a use by special exception by the Zoning Hearing Board in accordance with the following express standards and criteria:
(a) 
Off-street parking shall be provided in accordance with the requirements of Part 11 of this chapter for the use.
(b) 
The repair or reconstruction shall conform to the requirements of the Uniform Construction Code and Fire Code and to all applicable requirements of the Pennsylvania Department of Labor and Industry.
(c) 
The reconstruction shall comply with all applicable regulations of the Zoning District, other than use, unless the structure is nonconforming and/or a variance is granted to the applicable regulations upon demonstration of physical hardship.
(d) 
Any proposed change of use shall be further subject to Paragraph 1E of this section.
(e) 
The repair or reconstruction shall comply with all applicable buffer area requirements of § 27-1403 of this chapter.
(f) 
If the nonconforming use is governed by any express standards and criteria in § 27-1304 of this chapter for conditional uses or uses by special exception, the repair or reconstruction shall comply with all applicable express standards and criteria, unless the Zoning Hearing Board grants a variance to the applicable regulations upon demonstration of physical hardship.
(g) 
Approval of the repair or reconstruction of the structure housing the nonconforming use shall be conditioned upon the repair or reconstruction being diligently and visibly pursued under a valid building permit within 18 months of the date of the decision by the Zoning Hearing Board or, if the Board's decision is appealed, within 18 months of the final adjudication.
[Ord. 378, 2/14/2005, § 1602; as amended by Ord. 394, 6/11/2012, § I.A]
1. 
These regulations shall apply to all nonconforming structures as defined by this chapter in all Zoning Districts.
A. 
Structural Alteration. A nonconforming structure may be enlarged or structurally altered, provided the enlargement or alteration does not encroach any further into a required yard than the existing nonconforming structure does and does not increase any other nonconforming condition such as height or lot coverage, and further provided that no new nonconformities are created. All other alterations or enlargements shall require review by the Zoning Hearing Board and, after public hearing, the Board may determine undue hardship and may authorize a variance for the reasonable modification of such structure.
B. 
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 is diligently and visibly pursued under a valid building permit within 18 months of the date that the original structure was damaged or destroyed. Nonconforming structures may also be rebuilt in accordance with this section in cases where the structure is partially or fully demolished by the owner, provided that rebuilding begins within six months of the commencement of demolition. The built structure may extend beyond the existing foundation only if the rebuilt structure conforms to the same requirements set forth in Paragraph 1A for the alteration or enlargement of nonconforming structures.
C. 
Moving. Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the requirements of the Zoning District in which it is located.
D. 
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 the area of the structure at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
(2) 
Nonconforming signs which are damaged or destroyed to an extent of 50% or less of the area of the structure may be repaired or reconstructed, provided that such restoration is completed within 30 days of the damage or destruction.
(3) 
Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of advertising panels shall be permitted.
E. 
Repair and 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 the Borough Building Inspector or any other official charged with protecting the safety of the public.
[Ord. 378, 2/14/2005, § 1603]
1. 
Lot Area and Lot Width. In the "S" Conservancy and "R" Residential Zoning Districts, any lot of record existing at the effective date of this chapter may be used for the erection of a single-family dwelling or an accessory structure to such dwelling, without a lot area or lot width variance, even though its lot area and width are less than the minimum required by this chapter; however, such dwelling shall comply with the front, rear and side yards, height and lot coverage standards of the Zoning District wherein it is located.
2. 
Front Yard Setback. Where structures exist on adjacent nonconforming lots of record which have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards on the immediately adjacent to developed nonconforming lots within 200 feet on either side of the undeveloped lot.
[Ord. 378, 2/14/2005, § 1604]
1. 
The owner of a nonconforming use may 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 the nonconformity, the Zoning Officer shall register the same on a map and by Allegheny County Tax Assessor's block and lot number as a legal nonconforming use.
2. 
In the course of administering this chapter and reviewing applications for zoning certificates or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.