City of Latrobe, PA Article IX Nonconforming Uses

§ 166-57 Statement of intent.

A. The zoning districts established by this chapter are designed to guide future use of land in the City by encouraging the development of desirable residential, commercial and industrial areas, with appropriate grouping of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.

B. To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located, shall be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses.

C. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment of this chapter and on which actual building construction has been diligently carried on.

§ 166-58 Expansion of nonconforming use.

A lawful use of a building or structure or the lawful use of any land as existing and lawful, which is considered nonconforming at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued:

A. Expansion of the nonconformity is permitted, provided that the proposed expansion will not be greater than 30% of the existing lot area, and further provided, however, that such enlargement shall not exceed the maximum height, minimum yard setback and maximum building coverage requirements set forth for the zone in which such nonconforming use or building is located.

B. The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. A nonconforming use shall be prohibited from encroaching on another parcel of land that has been subsequently added to the original parcel after the use was declared nonconforming.

C. The proposed expansion shall conform to the setback, yard, area, dimensional, building height, parking sign, environmental and other requirements of the district in which said extension is located.

§ 166-59 Change of nonconforming use.

The nonconforming use may be changed by special exception before the Zoning Hearing Board to another nonconforming use only under all of the following conditions:

A. The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:

(1) Traffic generation and congestion, including truck, passenger car and pedestrian traffic.

(2) Noise, smoke, dust, odor, glare and vibration.

(3) Waste disposal.

(4) Appearance.

§ 166-60 Discontinuance of nonconforming use.

A nonconforming use may not be reestablished after it has been abandoned for a period of 12 months. In addition, the following uses may not be reestablished after they have been abandoned for a period of six months:

A. All nonconforming uses in a C-4 Zone, I-1 or I-2 Zone, if the uses are located in a more restricted zone than C-4.

B. Funeral homes.

C. Amusement and recreation facilities such as theaters and bowling alleys.

D. Junkyards.

E. Gasoline stations.

§ 166-61 Reversion to nonconformance.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

§ 166-62 Restoration of nonconforming use.

Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building and/or infrastructure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this chapter, wherein the extent of such damage does not exceed 60% of the gross value of the property, as determined by a licensed insurance examiner in the Commonwealth of Pennsylvania, at the time such damage occurred. If such damage does exceed 60% of the gross value of the property, reconstruction will have to be done to bring the property into conformance with this chapter within one year.

§ 166-63 Wear and tear of nonconforming use.

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided that the work does not constitute an expansion or extension of the existing nonconformity.

§ 166-64 Termination of nonconforming use.

Nonconforming uses or structures may be terminated as follows:

A. General nuisances. Upon a complaint registered by the Zoning Officer of 50% of the property owners within 200 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, and welfare of uses or structures adjoining such nonconforming use or uses, the Zoning Hearing Board shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board as related to the reasonable amortization of the capital investment in such uses.

B. Noncompliance with conditions. Upon a complaint registered by the Zoning Officer that conditions imposed upon a nonconforming use set forth in the nonconforming use permit are not being adhered to by the property owner or lessee, the procedure set forth above shall be followed.