[Ord. No. 477, 5/11/2021]
This Part
14 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. No. 477, 5/11/2021]
These regulations shall apply to any 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 zoning district, these regulations shall also apply to any
uses which thereby become nonconforming:
1. Continuation. 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 other
owners and may be continued as long as it remains otherwise lawful.
2. Enlargement or Expansion.
A. No nonconforming use of a lot or structure shall be enlarged or increased
or extended to occupy a greater area than was occupied at the effective
date of adoption or amendment of this chapter, unless the ZHB, after
public hearing, shall interpret that the enlargement or extension
is necessary 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.
B. 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.
C. 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.
However, a nonconforming use shall not be extended to occupy any structure,
except on a lot or portion of a lot owned at the time the use became
nonconforming.
D. Whenever a zoning district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
use of such changed district may be continued, and such use may be
extended throughout the structure.
3. Change of Use. A nonconforming use shall not be changed unless to
a conforming use, except as permitted by the ZHB in accordance with
the following:
A. The new use will more closely correspond to the uses permitted in
the district.
B. The changed use will be in keeping with the character of the neighborhood
in which it is located.
C. When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use. Any change from one nonconforming use to another shall comply with the parking requirements of Part
9 of this chapter for the use and shall be subject to the area, bulk and bufferyard regulations for such use in the district where such use is authorized.
D. Whenever any nonconforming use shall have been changed or altered
so as to conform to the provisions of this chapter or its amendments,
then such nonconforming use shall no longer be nonconforming to the
extent to which it then conforms to this chapter or its amendments.
E. The prior nonconforming use shall not be resumed; provided, however,
that if a later amendment to this chapter should make the use as so
changed or altered nonconforming with its provisions then such use
as changed or altered shall become a new nonconforming use to the
extent of such nonconformance or noncompliance.
4. Abandonment. When a nonconforming use of a structure and/or lot is
discontinued or abandoned for 12 consecutive months or for 18 months
during any three-year period, 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.
5. Damage or Destruction. In the event that damage or destruction of
a structure in which a nonconforming use is conducted involves 75%
or less of the total floor area of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is started within
12 months of the date of destruction. 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 75% of its total
floor area, the structure shall be reconstructed only to house a conforming
use.
6. Nonconforming Accessory Uses and Structures. No use, structure, or
sign that is accessory to a principal nonconforming use shall continue
after such principal use or structure has been abandoned or removed,
unless it shall thereafter conform to all the regulations of the zoning
district in which it is located.
[Ord. No. 477, 5/11/2021]
These regulations shall apply to all nonconforming structures
as defined by this chapter in all zoning districts:
1. Structural Alteration. A lawful nonconforming use of a building or
structure existing at the time of the adoption of this chapter or
an amendment hereto may be structurally altered. No such structure
may be enlarged or structurally altered in a way which increases its
nonconformity.
2. Damage or Destruction.
A. 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 and reoccupancy
of the structure occurs within 18 months of the date that the original
structure was damaged or destroyed.
B. When a building or structure is damaged or destroyed by any means
not within the control of the owner, to the extent of 50% or more
of the cost of replacement of the structure, the structure shall not
be restored unless it thereafter conforms to the regulations of the
zoning district in which it is located. No parking, yard, space, or
bulk nonconformity may be created or increased.
C. When a structure is damaged or destroyed by any means not within
the control of the owner thereof to the extent of 49% or less of the
cost of replacement of the structure new, repair or restoration of
such structure may be made; provided, however, that no parking, yard,
space, or bulk nonconformity is created or increased.
D. In no event shall any damage or destruction to such a structure by
any means within the control of the owner be repaired or restored,
except in accordance with this section.
3. Changes to nonconforming buildings or structures to conforming.
A. Whenever any nonconforming building or structure shall have been
changed or altered to conform to the provisions of this chapter or
its amendments in effect at the time of such change or alteration,
or whenever any amendment to this chapter shall make such building
or structure conforming with the provisions of this chapter or its
amendments, then such building or structure shall remain in conformance
with the applicable provisions of this chapter or its amendments.
B. If a later amendment to this chapter should make the building or
structure as changed or altered nonconforming with its provisions,
then the building or structure as changed or altered will become a
nonconforming building or structure to the extent of such nonconformance
or noncompliance.
4. Expansion or extension of nonconforming buildings or structures.
A. No nonconforming building or structure may be extended on the lot
on which it is located, nor may any nonconforming building or structure
be moved to a different position upon the lot on which it is located,
except to a position in conformity with the current codes.
B. Legal nonconforming residential structures may be expanded up to
100 square feet to allow for necessary accessibility improvements.
C. Whenever a use district shall be hereafter changed by a duly adopted
amendment to this chapter, then any existing legal, nonconforming
structure of such changed district may be continued, and such use
may be extended throughout the structure.
D. Structures that are nonconforming on the effective date of this chapter
that already encroach on a required set back can extend that encroachment
and not be considered an expansion of the nonconforming structure
subject to the following:
(1)
The structure is only extended on a parallel plane of the existing
nonconforming encroachment and does not extend any closer to a property
line.
(2)
The extension is no more than 25% of the length of the side
of the existing nonconforming structure on the side of the encroachment.
5. Moving. Should such 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.
6. Signs.
A. 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 their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
B. Nonconforming signs may not be enlarged, added to, or replaced by
another nonconforming sign, use, or structure, except that the interchange
of a sign on a nonconforming use may be continued, but the size or
shape of such a sign, shall not be modified.
C. A sign which is nonconforming as to location on a lot or building
shall not be enlarged.
D. Whenever any use of a building, structure or land ceases, and all
nonconforming signs may be removed by the Township at the expense
of the owner or person in possession of the lot on which said sign
is located after official notification.
E. Alteration or Moving. A nonconforming sign of any type may not be
moved to another position or location upon the building, structure
or lot on which it is located, nor may the size or area of such nonconforming
sign be changed or its structure or construction changed unless such
changes are to change the face of the sign.
F. Damage, Destruction, or Replacement. Whenever any nonconforming sign
has been damaged or destroyed by any means to the extent of 50% of
its market value at the time of destruction or damage, such sign shall
not be restored or replaced, unless it conforms to all provisions
of this chapter. Damage only to the face of a sign shall not be construed
to constitute 50% of its market value, and the sign face may be replaced.
G. Abandonment. If use of a nonconforming sign is abandoned or interrupted
for a continuous period of more than 180 days, then such nonconforming
sign together with its panel cabinet, supports, braces, anchors, and
electrical equipment shall be removed within 14 days from the end
of the aforesaid period and the use of such sign shall not be resumed
except in accordance with the provisions of this chapter.
H. Health, Safety, and Welfare. If any sign or supporting structure subject to the regulation of the provisions of this chapter constitutes a threat to the health, safety, or welfare of the area surrounding said sign or has been constructed, installed, or maintained in violation of any provision of this chapter, the Zoning Officer shall give written notice to the person or entity who owns or is maintaining such sign. If the owner or entity maintaining such sign fails to modify the sign so as to comply with the provisions of this Part
14 within 20 days after the date of said written notice from the Zoning Officer, then the Zoning Officer and other Township officials shall take steps as necessary to promptly have said sign brought into compliance with this chapter up to and including removal of the sign to comply with this chapter.
7. Repair or 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 any official charged
with protecting the safety of the public.
A. Repairs, renovations, and modernization of nonconforming buildings
or structures, such as renewal or replacement of outer surfaces, windows,
addition of soundproofing materials, air conditioning, and repair
or replacement of structural parts or members of the building or structure
shall be permitted notwithstanding other provisions of this chapter.
B. Such repairs, renovations, or modernizations are allowed, provided
they do not change or alter substantially the physical configuration
of the nonconforming building or structure or change its position
on the ground.
8. No increase in the size of or area covered by the nonconforming use
or area of the use within the building or structure is allowed except
as provided for in this chapter. The areas of nonconforming use within
a building or structure may be rearranged in connection with such
repairs, renovation, or modernization, provided that no enlargement
or expansion of the nonconforming use occurs.
[Ord. No. 477, 5/11/2021]
1. Any lot of record existing at the effective date of this chapter,
and held in separate ownership different from the ownership of adjoining
lots, may be used for the erection of a structure conforming to the
use regulations of the zoning district in which it is located, 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
lot must comply with the front, rear and side yards, height and lot
coverage standards of the zoning district wherein it is located.
2. 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 developed nonconforming lots on either side of
the undeveloped lot. However, in no instance shall the front yard
be less than 50 feet from the center line of any public street.
[Ord. No. 477, 5/11/2021]
1. The owner of a nonconforming use shall 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 Deed and Assessment Registry 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.