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.
The 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.
1801.1
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 the use may continue as long as it remains otherwise
lawful in accordance with the provisions of this article.
1801.2
Enlargement or Expansion.
A.
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.
B.
No nonconforming use shall be moved in whole or in part to any
other portion of the lot that was not 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, lot or portion of a lot that was not owned
by the owner of the nonconforming use at the time the use became nonconforming.
1801.3
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 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 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)
The applicant clearly demonstrates a hardship in
converting the use to a conforming use in accordance with the criteria
of § 1905 for obtaining a variance.
B.
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 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.
C.
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.
1801.4
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.
1801.5
Damage or Destruction.
A.
Residential dwellings which are nonconforming uses in the B-1,
B-2 or M-1 Districts may be rebuilt on the existing foundation in
the event of damage or destruction, provided the reconstruction is
started within 18 months of the date of destruction.
B.
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.
C.
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.
1802.1
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.
1802.2
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 the repair or
reconstruction and reoccupancy of the structure occurs within 18 months
of the date that the original structure was damaged or destroyed.
1802.3
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.
1802.4
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 shall not be enlarged, added to or replaced
by another nonconforming sign, use or structure, except that the replacement
of advertising panels within the existing framework of the nonconforming
sign shall be permitted.
1802.5
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 all other requirements
of this section are met.
The following regulations shall apply to nonconforming lots,
as defined by this chapter:
1803.1
Lot Area and Lot Width. Any lot of record existing at the effective
date of this chapter may be used for the erection of a single-family
dwelling 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.
1803.2
Front Yard Setback. 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 Allegheny County Assessor's Lot and Block Number as
a legal nonconforming use.
B.
In the course of administering this chapter and reviewing applications
for subdivision approval, 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.
