The minimum lot, yard and height requirements of Article
III shall prevail in all cases, except as follows:
A. Existing nonconforming lots. In any district where
a vacant nonconforming lot exists as a separate entity at the time
of passage of this chapter and where the owner of the nonconforming
lot does not own an adjoining lot, then the following development
is permitted:
(1) If the lot is located in a residential zoning district
or in any district in which a single-family dwelling is listed as
a permitted use, then a single-family dwelling, including any attached
permitted accessory use, may be constructed on it as a permitted use,
subject to the requirements shown on Schedule IV following this page, except that the minimum distance between principal structures
on the same lot or on adjoining lots shall not be less than 11 feet.
Accessory structures which are not attached to the principal structure
may be built up to three feet to any side lot line or not less than
eight feet from the rear lot line, provided that such accessory structures
are not located closer than 10 feet from any principal structure.
(2) If the lot is located in any remaining nonresidential
zoning district, then a structure not exceeding two stories in height
may be constructed on it for a use permitted in the district in which
it is located, as shown on Schedule I, provided that the off-street parking and loading requirements
of this chapter shall be complied with and that the front, side and
rear yards are not reduced by more than one-third (1/3) of the requirements
of Schedule II.
(3) For changes to existing conforming uses located on nonconforming lots, see §
236-17E.
(4) For requirements governing nonconforming uses and structures, see §
236-20.
(5) Any such nonconforming lot not served with private
or public water or sewer facilities shall provide an adequate on-lot
or alternate facility which complies with PADER and City regulations.
B. Height limitations. District height limitations for
church spires, cupolas and domes, monuments, water towers, chimneys,
smokestacks, antennas, farm structures, silos and flag poles may be
increased by five feet. Required utility and radio and television
station transmitting or receiving towers which are permitted under
the requirements of this chapter may exceed the district height limitations
by 35 feet.
C. Front yard exception. When an unimproved lot is situated
between two improved lots, each having a principal building within
25 feet of the side lot line of the unimproved lot, and where the
lot is not located on a major state or federal highway, then the required
front yard may be reduced to a depth equal to that of the greater
front yard of the two adjoining lots; provided, however, that it may
not be reduced to below 15 feet.
D. Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than five feet to any side lot line or 10 feet to any rear lot line or 20 feet to any front lot line, except as may be provided for in §
236-17A for existing nonconforming lots:
(1) Fire escapes, uncovered stairs and landings, canopies,
eaves or other architectural features not required for structural
support may project into the required side, front or rear yard not
more than a total of three feet.
(2) Accessory structures may project into yards as set forth in §
236-19A.
(3) Patios may be located in the required yard area, not
closer than the following to any property line, except that patios
constructed on existing nonconforming lots may line up with and be
as wide as the principal structure on the lot.
(a)
Side and rear property lines: five feet.
(b)
Front property line: 10 feet.
E. Changes to conforming uses and buildings. Any conforming
use or building may be repaired, maintained, restored or rebuilt up
to the same dimensions existing at the time that this 1993 Comprehensive
Zoning Chapter of the City of New Kensington was adopted. Any enlargement
of a structure which houses an existing conforming use on the same
lot must comply in all respects with the regulations of this chapter.
Any legal nonconforming use or structure may
be continued, repaired, maintained and improved except as provided
below. An application for such changes shall be submitted to the Zoning
Officer.
A. Enlargement. Such nonconforming use or structure may
not be enlarged more than 40% of the existing floor or ground area
except for junkyards, which may not be enlarged. Such enlargement
shall not exceed the maximum height or maximum building coverage requirements
set forth in Schedule II for the district in which such nonconforming use is located.
B. Restoration. If no more than 75% (measured by its
total floor area or use on a lot) of an existing nonconforming use
or structure is damaged or destroyed, then a permit for its restoration
may be obtained if such application is filed within 180 days of the
initial damage or destruction and restoration is completed within
24 months of the issuance of the permit.
C. Discontinuance. No such use or structure may be reestablished
after it has been discontinued or vacated for a period of 18 months.
Also, a nonconforming use or structure, when razed or removed from
premises, shall not be relocated except in conformity with the regulations
of the district to which it is moved.
D. Change of use.
(1) A nonconforming use or structure may be changed to
another nonconforming use or structure only if such use is listed
in the same use class subcategory in which the nonconforming use or
structure is first listed, as set forth in this section. A permit
for such a change may be approved by the Zoning Officer, provided
that the Zoning Officer shall determine that the following conditions
which are generated by the proposed use are not greater than those
generated by the existing nonconforming use at any time for a period
of two years prior to the proposed change:
(b)
Amount of employee and visitor parking required.
(c)
Number of commercial vehicles serving the proposed
use and number of such vehicles to be parked at the premises or vicinity
of the use.
(d)
Traffic volumes and congestion to be generated.
(e)
Adverse environmental effects generated by the
proposed use.
(2) A proposed change to a nonconforming use which is
not listed in the same use class subcategory as required above shall
be considered to be a conditional use, subject to review and action
by the Planning Commission and the Council as required in this chapter.
In such cases, the Council may approve such change only if it determines
that the change is equal or more appropriate to the character of the
district and neighborhood in which it is located. Such a determination
shall be based on a consideration of the same factors listed above
for consideration by the Zoning Officer.
E. Off-street parking. Sufficient off-street parking spaces shall be provided, as set forth in §
236-21, to serve any proposed expansion permitted by Subsection
A.
[Amended 9-11-2006 by Ord. No. 2-06]
The regulations contained in this Zoning Chapter
are supplemented by Ordinance Nos. 7-78 and 2-85 of the City of New
Kensington. Said ordinances contain requirements to assure compliance
with the National Flood Insurance Act. Said ordinances, as they may
be further amended, provide additional regulations governing the use
of land within any floodplain district in order to promote the general
health, welfare and safety of the City and provide guidelines for
development in flood-prone areas. Said ordinances, as they may be
further amended, are hereby declared to be a part of this Zoning Ordinance,
and they shall be kept on file by the Zoning Officer at the office
of the City Clerk in the City Hall, New Kensington, Pennsylvania 15068.