Township of Mahoning, PA Article IX Nonconformities

§ 250-74 Nonconforming uses and structures.

Any nonconforming use or structure legally existing at the time of adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed. (For nonconforming lots, see § 250-75.)

A. General application of provisions. Nothing contained herein shall require any change in plans, construction or designated use of a building or structure which complies with existing laws or for which a zoning permit was granted and/or where the construction shall have started before the date of adoption of this chapter.

B. Abandonment. If any nonconforming use or building or structure occupied by a nonconforming use is abandoned for a period of one-year, the future use of such building, structure or land shall be in conformity with the district regulations of this chapter. A nonconforming use shall be judged to be abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one-year from the date of cessation or discontinuance.

C. Repairs, alterations and reconstruction.

(1) Exterior repairs, nonstructural alterations and other general maintenance adjustments may be made to a nonconforming building or structure or to a building or structure occupied by a nonconforming use. Such work shall, however, be subject to all applicable zoning permit and/or building code requirements.

(2) A nonconforming building or structure or a building occupied by a nonconforming use which is damaged by fire, flood or other natural cause may be reconstructed, restored and used as before, provided that:

(a) Said reconstruction commences within one-year of the damage and is carried to completion without undue delay;

(b) Said reconstruction does not exceed the size, bulk, height and area that existed prior to the damage;

(c) The location of the reconstruction does not create a safety hazard; and

(d) Where the nonconformity is located within a General Floodplain District, the new construction shall comply, to the greatest extent possible, with all of the floodproofing requirements contained in § 250-55 of this chapter.

D. Extensions and enlargements.

(1) A nonconforming use of a building or structure may be extended throughout the interior of the building, provided that no structural alterations are made therein. Prior to the initiation of any such activity, however, a zoning permit shall be obtained from the Zoning Officer.

(2) Exterior structural alterations proposed to extend or enlarge a nonconforming building or structure may be approved by the Zoning Officer where such proposed alterations meet the yard, height and other requirements of this chapter, except as authorized otherwise in § 250-48B(3), 250-48 C(3), and 250-48 D(2).

[Amended 9-20-2010[1]]

[1] Editor's Note: The ordinance adopted this date also provided for the redesignation of Former Subsection D(2) and (3) as D(3) and (4), respectively.

(3) Exterior structural alterations proposed to extend or enlarge a nonconforming building or structure or a building or structure occupied by a nonconforming use may be approved by the Zoning Hearing Board, provided that: a) the extension or enlargement does not extend the structure or use beyond the remainder of the lot or parcel as it existed at the effective date of this chapter, nor extend the structure or use by more than a cumulative total of 25% of the gross floor area occupied by such use at the effective date of this chapter, regardless of ownership; b) the extension or enlargement conforms to the yard, height and other requirements of the district in which it is located; and c) in the case of a nonconforming use, the extension is attached or contiguous to the existing nonconforming use. In reviewing applications for extension or enlargement, the Zoning Hearing Board shall give due consideration to the welfare of the community in its entirety and may attach such reasonable conditions and safeguards as it deems appropriate to implement the purposes of this chapter.

(4) For nonconforming uses where normal operations involve natural expansion (i.e., quarries, junkyards, cemeteries, etc.), expansion shall be permitted by right up to 25% of the volume of area of the nonconformity which existed at the effective date of this chapter. For expansion beyond 25%, approval must be obtained from the Zoning Hearing Board. Prior to the initiation of any expansion, however, a zoning permit shall be obtained from the Zoning Officer.

E. Change of use. A nonconforming use of a building or land may be changed to a nonconforming use of the same or a more restricted classification. Whenever a nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.

F. Certification. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming use or structure on or before the effective date of this chapter, the Zoning Officer shall issue a certificate of nonconformance for such nonconformity. Any applicant aggrieved of the process for obtaining said certificate or of any decision rendered therefrom may file an appeal with the Township Zoning Hearing Board.

§ 250-75 Nonconforming lots.

Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued and/or maintained even though it does not conform to the regulations of the district in which it is located. It is not the intent of this chapter to be overly restrictive or to cause a hardship for any property owner but rather to allow these nonconforming lots to continue until they are eliminated as single entities, possibly through the addition of such lots to adjacent property.

A. Discontinuance/lot changes. Any nonconforming lot which is discontinued or becomes conforming through its addition to adjacent land shall not hereafter be changed back to a nonconforming lot.

B. Existing undeveloped lots of record. In the case of an undeveloped lot of record which lawfully existed at the effective date of this chapter which cannot accommodate a principal building or structure and meet the requirements for the district in which it is located, a permissible principal structure may be placed on the parcel, provided that:

(1) The owner does not own adjoining land which could be combined to form a conforming lot;

(2) Each side yard is not less than 20 feet in the RR, A/F and IN Zones; not less than 10 feet in the MR, HR and C-O Zones; and not less than five feet in the C-H and ID Districts, except that no side yard is required in the HR Zone where fireproof common walls meeting all building code requirements are used;

(3) The rear yard is not less than 20 feet in the RR, A/F and IN Zones, nor less than 15 feet in all other zoning districts;

(4) The front yard conforms to the minimum distance required;

(5) Where needed, the site has an approved sewage disposal system or an appropriate sewage permit; and

(6) Provided that the site and its intended use complies with all other applicable provisions of this chapter.

C. Certification. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming lot on or before the effective date of this chapter, the Zoning Officer shall issue a certificate of nonconformance for such nonconformity. Any applicant aggrieved of the process for obtaining said certificate or of any decision rendered therefrom may file an appeal with the Township Zoning Hearing Board.