This article 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.
These regulations shall apply to any use of a structure or lot
in any zoning district that 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
zoning district of a different classification, these regulations shall
apply to any uses which thereby become nonconforming.
A.
Continuation and sale. 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 in accordance with the provisions of this article.
B.
Enlargement or expansion.
(1)
Single-family dwellings that are nonconforming uses in any C-1,
C-2, C-3, I or P District may be enlarged or expanded to occupy a
greater area of the lot or to increase the height of the dwelling,
provided all applicable area and bulk regulations of the zoning district
in which the property is located are met.
(2)
No other nonconforming use of a lot or nonconforming use of
a structure shall be enlarged or increased or extended to occupy a
greater area of the lot or structure than was occupied at the effective
date of adoption or amendment of this chapter, unless the Zoning Hearing
Board, after public hearing, shall interpret that the enlargement
or extension is necessitated by the natural expansion and growth 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.
(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, unless authorized by the
Zoning Hearing Board.
(4)
Any nonconforming use may be extended throughout any part of
a structure that was designed for such use at the time the use became
nonconforming; however, a nonconforming use shall not be extended
to occupy any structure, lot or portion of a lot that was not owned
by the owner of the nonconforming use at the time the use became nonconforming.
C.
Change of use.
(1)
A nonconforming use shall not be changed to any use other than
a conforming use, except as permitted as a use by special exception
by the Zoning Hearing Board in accordance with the following standards:
(a)
The new nonconforming use will more closely correspond to the
uses authorized in the district as permitted uses, conditional uses
or uses by special exception.
(b)
The new nonconforming use will be in keeping with the character
of the neighborhood in which it is located and will have an equal
or lesser impact on the neighborhood than the existing nonconforming
use.
(c)
Any change from one nonconforming use to another shall comply with the parking requirements of Article XVII for the new use and shall be subject to the area, bulk and buffer area regulations for such use in the zoning district where such use is authorized as a permitted use, conditional use or use by special exception.
(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.
D.
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.
E.
Damage or destruction.
(1)
Residential dwellings that are nonconforming uses in the C-1,
C-2 or C-3 Districts may be rebuilt on the existing foundation in
the event of damage or destruction, provided the reconstruction is
started within 18 months of the date of destruction.
(2)
In the case of nonconforming uses, other than dwellings, when damage or destruction of a structure in which the 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 started within 18 months of the date of destruction. No enlargement or expansion of the nonconforming structure shall be undertaken unless the provisions of § 350-121B are met.
(3)
In the case of nonconforming uses other than dwellings, when
the structure in which the nonconforming use is conducted is damaged
or destroyed by fire or other means to an extent of more than 50%
of its gross floor area, the structure shall be reconstructed only
to house a conforming use.
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 setback than the existing
nonconforming structure does, 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 Zoning
Hearing Board may determine undue hardship and may authorize a variance
for the reasonable modification of such structure.
B.
Damage or destruction. Any nonconforming structure that 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. No enlargement or expansion of the nonconforming structure shall be undertaken unless the provisions of Subsection A are met.
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 that increase the gross surface
area of the sign; however, nonconforming signs that are damaged or
destroyed to an extent of more than 51% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter. Replacement cost shall be determined
by the Township Engineer upon request by the Township. The Engineer
shall inspect the sign and submit a report to the Zoning Officer within
10 working days of the Township's request. The cost of the services
of the Township Engineer shall be borne by the applicant. Said cost
shall not exceed the amount established, from time to time, by resolution
of the Board of Supervisors.
E.
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, provided all other requirements
of this section are met.
The following regulations shall apply to nonconforming lots,
as defined by this chapter:
A.
Lot area or lot width. Any lot of record existing at the effective
date of this chapter 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.
B.
Front yard setback. Where structures exist on adjacent nonconforming
lots of record that have front yards less than the minimum depth required,
the minimum front yard for an adjacent nonconforming lot of record
shall be the average depth of the nonconforming front yards on the
adjacent nonconforming lots in the same block on the same side of
the street.
A.
When the Township has not previously registered a nonconforming use,
it shall be the responsibility of the owner of a nonconforming use
to make an application for registration of the nonconforming use and
to present documentation to the Zoning Officer that the use was lawfully
in existence prior to the effective date of this chapter or any amendment
that created the nonconformity. If the evidence presented is found
to be acceptable, the Zoning Officer shall register the nonconforming
use on a Township map and in a register referencing the property by
its Westmoreland County Assessor's Tax Parcel Number as a legal
nonconforming use.
B.
In the course of administering this chapter and reviewing applications
for zoning certificates, certificates of occupancy or variances, the
Zoning Officer shall register all nonconforming structures and nonconforming
lots as they become known through the application process.
