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 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 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)
No 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.
(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, 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 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 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.
(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 VII 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.
(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 which are nonconforming uses
in the B District may be rebuilt on the existing foundation in the
event of damage or destruction, provided the reconstruction is started
within three years 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 total 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.
(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 total 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 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 Board may
determine undue hardship and may authorize a variance for the reasonable
modification of such structure.
B.
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.
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 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.
(2)
Nonconforming signs shall not be enlarged, added to
or replaced by another nonconforming sign, use or structure, except
that the interchange of poster panels shall be permitted.
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.
Lots of record. 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.
Existing structures on lots of record. 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 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.
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 the Westmoreland County Property Tax Assessor's
identification number as a legal nonconforming use.
B.
In the course of administering this chapter and reviewing
applications for zoning approval, building permits, certificates of
occupancy or variances, the Zoning Officer shall register all nonconforming
structures and nonconforming lots as they become known through the
application process.
The following provisions shall apply to all
nonconforming uses and structures as defined.
A.
In the event that any lawful nonconforming building
is damaged, destroyed by fire, explosion, act of God or any other
cause not within the control of the owner, the owner may repair or
rebuild the damaged or destroyed building or build a new structure
in the same location on the lot and within the same footprint of the
nonconforming building. Any change in the location of the building
shall comply with the applicable zoning regulations. The building
shall be designed for the same use, regardless that the provisions
of this chapter may otherwise forbid the construction of such building
or prohibit such a use in the district in which the land is located,
and provided that such repairs or reconstruction are completed within
18 months of the date of such damage.
B.
In the event that any lawful nonconforming use ceases
for a period of one year, such nonconforming use shall not be resumed.
C.
A lawful nonconforming use that occupies a portion
of a structure or premises, as such existed when the prohibitory provision
took effect, and a lawful nonconforming use or a lawful nonconforming
structure created as such by this chapter may be expanded on the lot
only as a variance but not in violation of the area and yard requirements
of the district in which such structure or premises are located or
in violation of the use regulations that would apply to the nonconforming
use or structure if the same were located in an area permitting the
use. The more restrictive yard requirements shall apply.
D.
All nonconforming uses shall be registered within
one year of the effective date of this chapter. The Zoning Officer
shall identify, register and certify the registration of all lawful
nonconforming uses and all lawful nonconforming structures. Appeals
of his decision may be made to the Zoning Hearing Board. Such registration
shall be prima facie evidence of the prior existence and extent of
the nonconforming nature of the premises covered. The absence of a
nonconforming use certificate prior to application for an occupancy
or use certificate based upon such nonconformity shall be prima facie
evidence of the lack of lawful nonconforming existence and may constitute
a sufficient basis for refusal to find a lawful nonconforming status
existing as of the adoption of this chapter.
E.
Whenever the use of a building or land becomes nonconforming through a change in this chapter or in the district boundaries, such use may be continued, provided that registration and certification thereof is made as set forth in Subsection D hereof, subject to the regulations of this section above.
