Subject to the provisions of this section, legal
nonconforming uses of buildings or land existing at the time of the
enactment of this chapter may be sold or otherwise transferred to
new owners and may be continued even though such does not conform
with the provisions of this chapter for the district in which it is
located, as long as it remains otherwise lawful.
Nothing in this Part shall be interpreted as
authorization for or approval of the continuance of the use of structure
or premises in violation of zoning regulations in effect at the time
of the effective date of this chapter.
1.
Nothing in this
Part shall prevent the strengthening or restoring to a safe condition
of any portion of a building or structure declared unsafe by a proper
authority.
2.
A nonconforming
building or structure (excluding signs) may be altered, repaired,
enlarged or reconstructed, provided that its nonconformity is not
increased and the structure complies with other area and dimensional
requirements of this chapter.
3.
If a nonconforming
structure is moved for any reason, it shall thereafter conform to
the requirements of the zoning district in which it is located.
4.
If a nonconforming
structure, or use thereof, is destroyed totally or partially by fire,
collapse, explosion or other disaster, it may be reconstructed (and
the nonconforming use thereof continued), if work commences within
one year of the date of destruction and is completed within the time
period specified in the building permit. However, reconstruction shall
not make the building or structure more nonconforming, in any aspect,
than it was prior to destruction and, if feasible, shall make the
building or structure more conforming and reconstruction must comply
with applicable state and local building codes.
5.
A lawful use
in a nonconforming building or structure may expand within the existing
building.
1.
In order to
allow for reasonable economic growth, a nonconforming use may expand
up to 30% of the gross floor area of the buildings or lot coverage
(measured in square feet) if there is no building. Such expansion
shall:
A.
Comply with
applicable area and dimensional requirements for the zoning district
in which it is located.
B.
Not result
in making an existing conforming building or structure nonconforming.
C.
Not involve
the extension of the nonconforming use onto any zoning lot other than
contiguous property owned at the time the use became nonconforming.
D.
Not reduce
or eliminate required off-street parking and/or loading areas.
2.
Extensions or
enlargements of nonconforming uses as described in the previous section
shall not commence unless authorized as a conditional use by Borough
Council. The Borough Council may authorize an expansion or enlargement
exceeding the otherwise allowable percentages where the expansion
is to provide required off-street parking or loading space or to correct
a hazardous or unsafe condition in violation of a local, county, state
or federal law, and the expansion is not materially detrimental to
surrounding properties or the interests of the Borough.
When a nonconforming use is changed to a conforming or more conforming use, it shall not be subsequently changed to a nonconforming use. A nonconforming use may be changed to a similar nonconforming use or one which more closely conforms to the uses authorized in the zoning district. A change of one nonconforming use to another nonconforming use shall require conditional use approval by the Borough Council in accordance with the conditional use procedures outlined in Part 11 of this chapter and in accordance with the following.
1.
The proposed
use shall be within the same type of use category as the original
nonconforming use, or shall be a use that more closely conforms to
the current district regulations. In making a determination of similar
uses, the Borough Council shall be guided by the Federal Office of
Management and Budget Standard Industrial Classification Manual current
edition and the list of permitted uses and conditional uses in the
district in which the property is located and in the district in which
the use is an authorized use.
2.
The proposed
use will not be any more objectionable than the original nonconforming
use in terms of congestion; traffic generation and requirements for
off-street parking and loading; outdoor storage of waste materials,
supplies and equipment; height, area and bulk of all structures.
A nonconforming use of a building or land which
has been abandoned shall not thereafter be returned to such nonconforming
use. For purposes of this section, the following circumstances, which
shall not be exclusive, shall contribute towards evidence of discontinuance
or abandonment of a use.
1.
Failure to maintain
regular business hours, typical to normal for the use (past operations
of the use and/or industry standards may be used to determine typical
or normal hours); or
2.
Failure to maintain
equipment, supplies or stock in trade which would be used for the
active operation of the use; or
3.
Failure to maintain
utilities which would be used for the active operations of the use;
or
4.
Failure to pay
taxes, including but not limited to sales taxes, worker's compensation
taxes, corporate taxes, etc., that would be required for the active
operations of the use; or
5.
Failure to maintain
required local, state or federal licenses or other approvals that
would be required for the active operation of the use; or
6.
A nonconforming
use has been discontinued for a period of six months or a total of
six months within a period of 12 consecutive months and/or the intent
of the owner to discontinue the use is apparent; or
7.
It has been
replaced by a conforming use; or
8.
It has been
changed to another nonconforming use under conditional use approval
from Borough Council.
If an owner of a building or land which is occupied
by a nonconforming use desires to discontinue such use for an extended
period of time but intends to resume such use at a later date, the
owner shall apply to the Borough Council in writing for a certificate
of continuance, stating the reason for and duration of the discontinuance
and the date upon which such use will be resumed. Certificates of
continuance shall be granted for periods of up to six months or more
if agreed upon by Borough Council. If no certificate has been granted,
subsequent use of such building or land shall be in conformity with
the provisions of this chapter, unless Borough Council authorizes
as a conditional use the resumption of the discontinued use. If a
certificate of continuance is granted and nonconforming use is not
resumed, the subsequent use shall be in conformity.
1.
In any district,
notwithstanding the regulations imposed by any other provision of
this chapter, a building which complies with applicable zoning requirements
except for lot area and lot width may be erected without a lot area
and/or lot width variance, provided that the following requirements
are met.
A.
The lot is
shown by a recorded plat or deed to have been owned separately and
individually from adjoining tracts of land at a time when the creation
of a lot of such size, at such location, was not prohibited by any
zoning ordinance then in effect.
B.
The lot has
remained in separate and individual ownership from adjoining tracts
of land continuously during the entire time that the creation of such
lot has been prohibited by the applicable zoning ordinance or ordinances.
C.
All other applicable
zoning district regulations can be met.
2.
Construction
permitted by the above shall comply with all otherwise applicable
regulations, except lot area and lot width
1.
Nonconforming
signs which are damaged or destroyed to an extent of 50% or more of
their replacement value at the time of destruction shall not be reconstructed
except in conformity with the provisions of this chapter.
2.
If the Zoning
Officer orders repairs to any nonconforming sign which equal 50% or
more of the sign's replacement value, then the sign shall be brought
into conformance as part of the repairs.
3.
A nonconforming
sign shall not be enlarged or altered in any aspect, except to make
safety improvements or changes which will make the sign conforming,
or more conforming, to the provisions of this chapter, except that
the interchange of advertising panels shall be permitted.
4.
Termination
by abandonment. Any nonconforming sign, the use of which is discontinued
for a period of 90 days, regardless of any intent to resume or not
to abandon such use, shall be deemed to be abandoned and shall not
thereafter be reestablished. Any period of such discontinuance caused
by government actions, strikes, material shortages or forces of nature,
and without any contributing fault by the nonconforming user, shall
not be considered in calculating the length of discontinuance for
purposes of this subsection. If the period of discontinuance caused
by government actions, strikes, material shortages or forces of nature
exceeds 90 days after its first occurrence, then the nonconforming
sign shall be deemed to be abandoned and shall not thereafter be reestablished.
1.
Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located. A certificate of nonconformity is required for any nonconforming uses, structures, lots and signs prior to expansion or change in accordance with the provisions of §§ 27-1304 and 27-1305 or prior to receipt of a certificate of continuance in accordance with § 27-1307.
2.
Nonconforming
uses. 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.
3.
Nonconforming
structures and lots. 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.
Any use for which approval of a conditional
has been granted as provided by this chapter shall not be deemed to
be a nonconforming use, but it shall be deemed a lawful conforming
use. Where a use exists at the effective date of this chapter and
is allowed by this chapter as a conditional use in the Zoning District
in which it is located, then it shall be deemed to be a lawful conforming
use in such zoning district.
The Borough Council may modify the applicable
provisions for expansion, enlargement or alteration of a nonconforming
structure which has been designated as an historic landmark by the
Pennsylvania Historical Commission or placed on the National Register
of Historic Places or for which application for such designation or
placement has been made, in order to achieve the goals of historic
preservation and/or implement plans proposed for the preservation
and economic reuse of the property.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to a district
of a different classification, the foregoing provisions shall apply
to any nonconforming use, structure or lot of record existing therein.
