It is the general policy of the City to allow uses, structures
and lots that came into existence legally in conformance with then-applicable
requirements to continue to exist and be put to productive use, but
to bring as many aspects of such situations into compliance with existing
regulations as is reasonably possible. This article establishes regulations
governing uses, structures and lots that were lawfully established
but that do not conform to one or more existing requirements of this
chapter. The regulations of this chapter are intended to:
A.
Recognize the interests of property owners in continuing to use their
property;
B.
Promote reuse and rehabilitation of existing buildings;
C.
Place reasonable limits on the expansion of nonconformities that
have the potential to adversely affect surrounding properties and
the community as a whole; and
D.
Protect the integrity of residential neighborhoods from the potential
impacts of nonconforming uses.
A.
Unsafe situations. Nothing in this chapter shall be construed to
permit the continued use of a building or structure found to be in
violation of basic building, health, or safety codes.
B.
Compliance with regulations. The right to change or expand any nonconformity
shall be subject to all applicable housing, building, health and other
life-safety codes. Nonconformities shall also be subject to all applicable
regulations of this code.
C.
Repair and maintenance. Normal maintenance and incidental repair
may be performed on a conforming structure that contains a nonconforming
structure. Nothing in this chapter shall be construed to prevent structures
from being structurally strengthened or restored to a safe condition,
in accordance with an order of the Building Official.
D.
Permit required. A zoning occupancy permit must be obtained by the
owner of any nonconforming use, lot or structure as evidence that
the use or structure lawfully existed prior to the adoption of the
provision which made the use or structure nonconforming. The zoning
occupancy permit shall specify the provision of this chapter which
makes the use, lot or structure nonconforming.
E.
Prior violations continued. A building altered or erected or a use
created in violation of any previously in-effect zoning provision,
shall be regarded as continuing in such violation and shall not enjoy
the privilege of legal continuance conferred by this article upon
other nonconforming buildings and uses.
A.
Continuation. A nonconforming use which has a valid zoning occupancy
permit and lawfully occupies a structure or vacant site on the date
that it becomes nonconforming may be continued as long as it remains
otherwise lawful, subject to the standards and limitations of this
section.
B.
Enlargement. A nonconforming use may not be enlarged, expanded or
extended to occupy parts of another structure or portions of a site
that it did not occupy on the date that it became nonconforming, unless
approved by the Zoning Hearing Board as a special exception, subject
to the following limits:
(1)
The total building floor area or total land area occupied by the
nonconforming use, whichever is more restrictive, shall not be increased
by greater than 50% beyond the area that existed at the time the use
first became nonconforming.
(2)
Any expansion of a nonconforming use shall meet all required setbacks
and all other requirements, including off-street parking, of this
chapter. No new nonconformity shall be created.
C.
Change to another nonconforming use. A nonconforming use may be changed
to another nonconforming use, as a special exception, subject to the
following limits:
(1)
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
(2)
The applicant shall show that the new use will more closely correspond
to the uses permitted in the district than the current nonconforming
use.
(3)
The applicant shall show that the new use will be in keeping with
the character of the neighborhood in which it is located and be less
objectionable in external effects than the existing nonconforming
use with respect to:
D.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
E.
Abandonment. Once abandoned, a nonconforming use shall not be reestablished
or resumed. Any subsequent use or occupancy of the structure or land
must conform to the regulations of the district in which it is located
and all other applicable requirements of this code. A nonconforming
use shall be presumed abandoned when any one of the following has
occurred:
(1)
A less-intensive use has replaced the nonconforming use;
(2)
Greater than 24% of the building or structure has been removed through
the applicable procedures for condemnation of unsafe structures or
otherwise by operational law;
(3)
The owner has physically changed the building or structure or its
fixtures or equipment in such a way as to clearly indicate a change
in use or activity to something other than the nonconforming use;
or
(4)
The use has been discontinued, vacant or inactive for a continuous
period of at least one year, provided this presumption may be rebutted
upon showing, to the satisfaction of the Zoning Hearing Board, that
the owner had no intention to abandon. Where appropriate, the Zoning
Hearing Board may require contemporaneous documentation of previous
use or intended use, such as leases or real estate advertisement,
to rebut the presumption.
A.
Continuation. A nonconforming structure which has a valid zoning
occupancy permit and lawfully occupies a site on the date that it
becomes nonconforming that does not conform with the site development
standards of the underlying zoning district or any other development
standards of this code may be used and maintained, subject to the
standards and limitations of this section.
B.
Maintenance and repair. Maintenance, remodeling and repair of a nonconforming
structure shall be permitted without a variance and without special
exception approval, provided that such maintenance, remodeling or
repair does not increase the degree of nonconformity.
C.
Occupancy by a conforming use. A nonconforming structure may be occupied
by any use allowed in the zoning district in which the structure is
located, subject to all other applicable use approval procedures and
conditions.
D.
Restoration. The Zoning Hearing Board shall be authorized to approve,
as a special exception, the reconstruction of a nonconforming structure
damaged by fire, flood, wind, tornado, earthquake, or other natural
disaster, with the following limits:
(1)
The structure is properly secured after the damage or destruction;
(2)
Such reconstruction is performed within 12 months after the date
of damage or destruction, unless the Zoning Hearing Board grants a
time extension for good cause;
(3)
The rebuilding does not increase the intensity of the use, as determined
by the number of dwelling units (for residences) or floor area or
ground coverage (for nonresidential uses);
(4)
No new nonconformity is created and no existing nonconformity is
increased;
(5)
An existing detached building that is accessory to a dwelling may
be replaced with a new building, provided the new building is no more
nonconforming than the previous building.
E.
Enlargement. A nonconforming structure may be enlarged, expanded
or extended, in compliance with all applicable regulations of this
code, unless the enlargement, expansion or extension has the effect
of increasing the degree of nonconformity or creating a new nonconformity.
F.
Floodproofing. When any nonconforming use or structure located in
a floodplain is expanded, reconstructed, or otherwise modified to
an extent amounting to 50% or more of its market value, it shall be
floodproofed and elevated to the greatest extent practicable.
G.
Willful destruction. In the event of arson or other willful destruction,
reconstruction of nonconforming structures shall be prohibited if
such casualty is traceable to the owner or his/her agent. Such instances
shall result in forfeiture of the nonconforming status, and must subsequently
be brought within all the prevailing restrictions applied to the underlying
zoning district.
A.
A lot shown on an approved and recorded subdivision plat or a parcel
shown on the Allegheny County Department of Real Estate's records
as a separate parcel on such date may be occupied and used although
it may not conform in every respect with the dimensional requirements
of this code, subject to the provisions of this section.
B.
If the lot or parcel was vacant on the date which this code became
applicable to it and is in separate ownership from abutting lots or
parcels, then the Zoning Officer shall approve the use of the lot
as an Administrator exception for a single-unit residential use, or
the Zoning Hearing Board shall approve, as a special exception, the
lot for a conforming use permitted in the district in which the lot
is located, according to the following standards:
(1)
The use and structure shall comply with all applicable dimensional
requirements of the code to the extent practicable; and
(2)
If the applicable zoning district permits a variety of uses or a
variety of intensities of uses, and one or more uses or intensities
would comply with applicable setback requirements while others would
not, then only the uses or intensities that would conform with the
applicable setback requirements are permitted.
C.
If a nonconforming lot is contiguous to another lot with a common
owner, and at least one of the lots does not include a principal building,
then the two lots shall be considered to be merged, and shall not
be separately sold and shall not be separately developed.
See Article IX, Signs.
