Township of Allegheny, PA Article XVIII Nonconforming Uses, Structures and Lots

§ 250-139 Applicability.

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.

§ 250-140 Nonconforming uses.

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. 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 the use conforms to all other applicable regulations of the Township, county, commonwealth and federal government and the provisions of this article governing nonconforming uses, structures and lots.

B. Enlargement or expansion.

(1) 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 of this chapter, unless the Zoning Hearing Board, 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, unless a variance is granted.

(2) 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.

(3) 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 at the time the use became nonconforming.

C. Change of use.

(1) A nonconforming use shall not be changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the following:

(a) The new use will more closely correspond to the uses permitted in the district; and

(b) The changed use will be in keeping with the character of the neighborhood in which it is located.

(2) 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 Article XVI for the use and shall be subject to the area, bulk and buffer yard regulations for such use in the district where such use is authorized.

D. 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.

E. 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.

§ 250-141 Nonconforming structures.

These regulations shall apply to all nonconforming structures as defined by this chapter in all zoning districts.

A. Continuation. Where, at the effective date of adoption or amendment of this chapter, a lawful structure exists that is made no longer permissible by the terms of this chapter as enacted and amended, such structure may be sold or otherwise transferred to other owners and may continue to exist as long as the structure conforms to all other applicable regulations of the Township, county, commonwealth and federal government and the provisions of this article governing nonconforming uses, structures and lots.

B. Structural alteration.

(1) Structures may be enlarged or structurally altered as long as the following criteria are met:

(a) The expansion of the structure, as measured in square feet, cannot increase the size of the original structure by more than 25%.

(b) The expansion cannot increase the already existing nonconformity, or create any other zoning problem.

(2) If the above-listed criteria cannot be met, an application may be filed with the Zoning Hearing Board, which, after a public hearing, may determine undue hardship and may authorize a reasonable modification of such structure.

C. 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 and reoccupancy of the structure occurs within 18 months of the date that the original structure was damaged or destroyed.

D. Moving. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the requirements of the zoning district in which it is located.

E. 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 their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provision of this chapter.

(2) Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels shall be permitted.

F. 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.

§ 250-142 Nonconforming lots.

A. 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.

B. 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; provided, however, that, in no instance, shall the front yard be less than 25 feet from the right-of-way of any public street.

C. Any lot of record located in a residential subdivision containing five or more lots and recorded prior to the effective date of adoption or amendment of this chapter shall comply with the minimum lot size requirement in effect and applicable to the zoning district in which the lot is located at the time said subdivision was recorded, provided that greater than 50% of the lots located in the recorded subdivision presently contain a single-family dwelling.

§ 250-143 Registration of nonconformity.

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 nonconformity, the Zoning Officer shall register the same on a map and by Westmoreland County Tax Mapping Department map and tract number as a legal nonconforming use. In the course of administering this chapter and reviewing application for zoning certificate or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.