[Ord. 984, 12/14/2015]
This Part 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.
[Ord. 984, 12/14/2015]
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 are 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 that thereby become nonconforming.
1301.1.
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 Part.
1301.2.
Enlargement or Expansion. No nonconforming use shall be enlarged
or extended onto property which was not owned at the time the use
became nonconforming. A nonconforming use shall not be enlarged or
expanded unless the Zoning Hearing Board shall interpret that the
enlargement or expansion is necessitated 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 the Zoning Hearing
Board grants a variance.
1301.3.
Change of Use.
A.
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:
(1)
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.
(2)
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.
(3)
Any change from one nonconforming use to another shall comply
with the parking requirements of Part 11 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.
B.
When a nonconforming use is changed to a conforming use, the use
thereafter shall not be changed to a nonconforming use.
C.
In the R-1 and R-2 Districts, 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.
1301.4.
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.
1301.5.
Damage or Destruction. Any nonconforming structure damaged by
fire, flood, explosion or other casualty may be reconstructed and
used as before if such reconstruction is undertaken within 12 months
of such casualty and if the restored structure has no greater coverage
and contains a cubic content no greater than before such casualty.
[Ord. 984, 12/14/2015]
These regulations shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts.
1302.1.
Structural Alteration or Enlargement. A nonconforming structure
may be enlarged or structurally altered, provided that 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 alteration
or enlargement of such structure.
1302.2.
Damage or Destruction. Should any such structure, other than
a sign, be destroyed by any means to an extent of more than 75% of
its replacement cost at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this chapter. In the event
that such damage or destruction is 75% or less than the replacement
cost of the structure, repairs or reconstruction may be undertaken,
provided that such restoration is started within 12 months of the
date of destruction and the reconstruction does not increase the nonconformity
of the structure.
1302.3.
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.
1302.4.
Signs.
A.
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 Borough Engineer upon request by the Borough. The Borough Engineer
shall inspect the sign and submit a report to the Zoning Officer within
10 working days of the Borough's request. The cost of the services
of the Borough Engineer shall be borne by the applicant. Said cost
shall not exceed the amount established from time to time by resolution
of Borough Council.
B.
Nonconforming signs shall not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that the interchange
of advertising panels shall be permitted, subject to obtaining the
sign permit required by § 1202.12.
1302.5.
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 that all other
requirements of this section are met.
[Ord. 984, 12/14/2015]
The following regulations shall apply to nonconforming lots,
as defined by this chapter:
1303.1.
Lot Area or Lot Width.
A.
Where two or more adjacent lots of record with continuous frontage
have less than the required area and width and are held by one owner,
the lots shall be considered to be an undivided lot for the purpose
of complying with this chapter. No division of any lot shall be made
which does not comply with the requirements of this chapter. Any change
in lot lines necessary to meet the minimum requirements of this chapter
shall constitute a revision to the recorded plan and shall meet all
applicable requirements of the Borough subdivision regulations.[1]
B.
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 shall comply with the front, rear and side yard, height and lot
coverage standards of the zoning district wherein it is located.
1303.2.
Front Yard Setback.
A.
Where structures exist on adjacent nonconforming lots of record that
have front yards that are less than the minimum depth required, the
minimum front yard for an adjacent vacant nonconforming lot of record
proposed to be built upon shall be the average depth of the nonconforming
front yards for the existing structures on the adjacent nonconforming
lots in the same block on the same side of the street.
B.
On lots of record which have recorded building lines which exceed
the minimum depth required by this chapter for the front yard, the
recorded building line shall take precedence over the front yard required
by this chapter in the zoning district in which it is located.
[Ord. 984, 12/14/2015]
1304.1.
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 that
created the nonconformity, the Zoning Officer shall register the same
on a map and by the Allegheny County Assessor's tax parcel number
as a legal nonconforming use.
1304.2.
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.
