[Ord. No. 477, 5/11/2021]
This Part 14 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. No. 477, 5/11/2021]
These regulations shall apply to any 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 zoning district, these regulations shall also apply to any uses which thereby become nonconforming:
1. 
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 it remains otherwise lawful.
2. 
Enlargement or Expansion.
A. 
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 or amendment of this chapter, unless the ZHB, 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.
B. 
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.
C. 
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 owned at the time the use became nonconforming.
D. 
Whenever a zoning district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming use of such changed district may be continued, and such use may be extended throughout the structure.
3. 
Change of Use. A nonconforming use shall not be changed unless to a conforming use, except as permitted by the ZHB in accordance with the following:
A. 
The new use will more closely correspond to the uses permitted in the district.
B. 
The changed use will be in keeping with the character of the neighborhood in which it is located.
C. 
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 Part 9 of this chapter for the use and shall be subject to the area, bulk and bufferyard regulations for such use in the district where such use is authorized.
D. 
Whenever any nonconforming use shall have been changed or altered so as to conform to the provisions of this chapter or its amendments, then such nonconforming use shall no longer be nonconforming to the extent to which it then conforms to this chapter or its amendments.
E. 
The prior nonconforming use shall not be resumed; provided, however, that if a later amendment to this chapter should make the use as so changed or altered nonconforming with its provisions then such use as changed or altered shall become a new nonconforming use to the extent of such nonconformance or noncompliance.
4. 
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.
5. 
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.
6. 
Nonconforming Accessory Uses and Structures. No use, structure, or sign that is accessory to a principal nonconforming use shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
[Ord. No. 477, 5/11/2021]
These regulations shall apply to all nonconforming structures as defined by this chapter in all zoning districts:
1. 
Structural Alteration. A lawful nonconforming use of a building or structure existing at the time of the adoption of this chapter or an amendment hereto may be structurally altered. No such structure may be enlarged or structurally altered in a way which increases its nonconformity.
2. 
Damage or Destruction.
A. 
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.
B. 
When a building or structure is damaged or destroyed by any means not within the control of the owner, to the extent of 50% or more of the cost of replacement of the structure, the structure shall not be restored unless it thereafter conforms to the regulations of the zoning district in which it is located. No parking, yard, space, or bulk nonconformity may be created or increased.
C. 
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 49% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that no parking, yard, space, or bulk nonconformity is created or increased.
D. 
In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this section.
3. 
Changes to nonconforming buildings or structures to conforming.
A. 
Whenever any nonconforming building or structure shall have been changed or altered to conform to the provisions of this chapter or its amendments in effect at the time of such change or alteration, or whenever any amendment to this chapter shall make such building or structure conforming with the provisions of this chapter or its amendments, then such building or structure shall remain in conformance with the applicable provisions of this chapter or its amendments.
B. 
If a later amendment to this chapter should make the building or structure as changed or altered nonconforming with its provisions, then the building or structure as changed or altered will become a nonconforming building or structure to the extent of such nonconformance or noncompliance.
4. 
Expansion or extension of nonconforming buildings or structures.
A. 
No nonconforming building or structure may be extended on the lot on which it is located, nor may any nonconforming building or structure be moved to a different position upon the lot on which it is located, except to a position in conformity with the current codes.
B. 
Legal nonconforming residential structures may be expanded up to 100 square feet to allow for necessary accessibility improvements.
C. 
Whenever a use district shall be hereafter changed by a duly adopted amendment to this chapter, then any existing legal, nonconforming structure of such changed district may be continued, and such use may be extended throughout the structure.
D. 
Structures that are nonconforming on the effective date of this chapter that already encroach on a required set back can extend that encroachment and not be considered an expansion of the nonconforming structure subject to the following:
(1) 
The structure is only extended on a parallel plane of the existing nonconforming encroachment and does not extend any closer to a property line.
(2) 
The extension is no more than 25% of the length of the side of the existing nonconforming structure on the side of the encroachment.
5. 
Moving. Should such 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.
6. 
Signs.
A. 
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.
B. 
Nonconforming signs may not be enlarged, added to, or replaced by another nonconforming sign, use, or structure, except that the interchange of a sign on a nonconforming use may be continued, but the size or shape of such a sign, shall not be modified.
C. 
A sign which is nonconforming as to location on a lot or building shall not be enlarged.
D. 
Whenever any use of a building, structure or land ceases, and all nonconforming signs may be removed by the Township at the expense of the owner or person in possession of the lot on which said sign is located after official notification.
E. 
Alteration or Moving. A nonconforming sign of any type may not be moved to another position or location upon the building, structure or lot on which it is located, nor may the size or area of such nonconforming sign be changed or its structure or construction changed unless such changes are to change the face of the sign.
F. 
Damage, Destruction, or Replacement. Whenever any nonconforming sign has been damaged or destroyed by any means to the extent of 50% of its market value at the time of destruction or damage, such sign shall not be restored or replaced, unless it conforms to all provisions of this chapter. Damage only to the face of a sign shall not be construed to constitute 50% of its market value, and the sign face may be replaced.
G. 
Abandonment. If use of a nonconforming sign is abandoned or interrupted for a continuous period of more than 180 days, then such nonconforming sign together with its panel cabinet, supports, braces, anchors, and electrical equipment shall be removed within 14 days from the end of the aforesaid period and the use of such sign shall not be resumed except in accordance with the provisions of this chapter.
H. 
Health, Safety, and Welfare. If any sign or supporting structure subject to the regulation of the provisions of this chapter constitutes a threat to the health, safety, or welfare of the area surrounding said sign or has been constructed, installed, or maintained in violation of any provision of this chapter, the Zoning Officer shall give written notice to the person or entity who owns or is maintaining such sign. If the owner or entity maintaining such sign fails to modify the sign so as to comply with the provisions of this Part 14 within 20 days after the date of said written notice from the Zoning Officer, then the Zoning Officer and other Township officials shall take steps as necessary to promptly have said sign brought into compliance with this chapter up to and including removal of the sign to comply with this chapter.
7. 
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.
A. 
Repairs, renovations, and modernization of nonconforming buildings or structures, such as renewal or replacement of outer surfaces, windows, addition of soundproofing materials, air conditioning, and repair or replacement of structural parts or members of the building or structure shall be permitted notwithstanding other provisions of this chapter.
B. 
Such repairs, renovations, or modernizations are allowed, provided they do not change or alter substantially the physical configuration of the nonconforming building or structure or change its position on the ground.
8. 
No increase in the size of or area covered by the nonconforming use or area of the use within the building or structure is allowed except as provided for in this chapter. The areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation, or modernization, provided that no enlargement or expansion of the nonconforming use occurs.
[Ord. No. 477, 5/11/2021]
1. 
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.
2. 
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. However, in no instance shall the front yard be less than 50 feet from the center line of any public street.
[Ord. No. 477, 5/11/2021]
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 which created the nonconformity, the Zoning Officer shall register the same on a map and by Allegheny County Deed and Assessment Registry block and lot number as a legal nonconforming use.
2. 
In the course of administering this chapter and reviewing applications for zoning certificates or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.