Zoneomics Logo
search icon

Adams Township Butler County
City Zoning Code

ARTICLE XI

Nonconforming Uses, Structures and Lots

§ 192-64 Applicability of regulations for nonconforming buildings, structures, signs, lands and uses.

The provisions of this section shall apply to buildings, structures, signs, lands, and uses which become nonconforming as the result of the application of this chapter to them or from reclassification of the property under any subsequent amendments to this chapter.

§ 192-65 Nonconforming lots of record.

A. 
Regardless of the size of a lot of record prior to the passage of this chapter, such lot may be developed for any use permitted in the district in which the lot is located, provided that, where setback, width, density, or other requirements make development impractical, the Zoning Hearing Board may permit development to occur after granting specific variances.
B. 
If two or more abutting lots of record in one ownership occur prior to passage of this chapter and if one or all of these lots are less than the requirements of lot width and area as established in this chapter, the total area of all of the lots shall be considered as undivided and no portion of the area of lots shall be used or sold unless such portion equals or exceeds the lot width and area requirements of this chapter; nor shall any division of the parcel be made which leaves remaining any lot width or area less than the requirements of this chapter.

§ 192-66 Nonconforming uses of lands and structures.

A. 
Where a lawful use of a structure and/or its premises existed on the date of adoption or amendment of this chapter, and becomes nonconforming as a result of adoption of this chapter or its amendment, such structure and/or its premises may remain in the same use subject to the following conditions.
B. 
A nonconforming use may be enlarged, increased, or extended beyond the area and/or volume it occupied at the time of adoption of this chapter, provided that such increase does not exceed 25% of the area and/or volume the use occupied at the time of adoption of this chapter, and provided further that, in any one five-year period, all increases or enlargements do not exceed 50% of the area and/or volume the use occupied at the time of the adoption of this chapter. Any enlargement, increase, or extension of a nonconforming use beyond the limits set forth in this subsection shall be permitted only upon a finding by the Zoning Hearing Board that the enlargement or extension is necessary by the natural expansion and growth in trade of the nonconforming use.
C. 
If a nonconforming use is discontinued for a period of at least one year for any reason, any use of the property thereafter shall be in conformance with the development regulations for the zoning district containing the property. Discontinuance of a nonconforming use and a presumption of abandonment shall be indicated by the removal of stock-in-trade and/or permanent equipment or furniture needed to operate the use. If the use is reopened within the one-year period, an occupancy permit (see § 192-70) will be required.
D. 
A nonconforming use may be changed to a second nonconforming use, provided that an application for the second use is filed with the Zoning Hearing Board and the Board finds that the proposed use is more compatible, in terms of noise, lighting, traffic, environmental and other impacts, with the uses permitted in the zoning district than the preceding nonconforming use.
E. 
A nonconforming use may be sold, but each succeeding owner of a nonconforming commercial or industrial use shall receive approval of the Code Enforcement Officer before commencing operation to assure that the use will be operated in the same manner as formerly.
F. 
Once a nonconforming use is changed to a conforming use, it may not thereafter revert to nonconforming status. If a nonconforming use occupies a building and is discontinued, any nonconforming use of the property shall also cease.
G. 
Nonconformity as to parking or loading does not render a use subject to the conditions of this section.
H. 
A use that is nonconforming as to parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading are provided.
I. 
The Zoning Hearing Board may permit a nonconforming use to provide off-street parking or loading on a lot other than the lot on which the use is located.

§ 192-67 Nonconforming structures.

A. 
Where a structure existed on a property at the effective date of this chapter or any amendment to it and does not conform to the requirements of this chapter regarding height, setbacks from street or lot lines, lot coverage, etc., such structures may remain on the property subject to the following provisions.
B. 
No structure shall be enlarged or altered to create a nonconformity or increase an existing nonconformity.
C. 
Replacement of a nonconforming structure shall be done subject to the setback and height requirements for the zoning district containing the property, except that, if the owner alleges a hardship, he may petition the Zoning Hearing Board to grant approval of replacement on the foundation of the building to be replaced but in no case in a location more nonconforming than the original location.
D. 
The maintaining or strengthening to a safe condition of any nonconforming structure shall not be interpreted as being prohibited by any provision of this article.

§ 192-68 Record of nonconforming uses.

A. 
The Code Enforcement Officer may, at the discretion of the Board of Supervisors, identify and record all lots and uses of land and buildings in the Township made nonconforming by adoption of this chapter and previous versions of the Zoning Ordinance.
B. 
The Code Enforcement Officer may keep the record current as amendments to this chapter create new nonconforming uses and as removal of buildings and uses eliminates nonconforming uses.
C. 
The record may be kept by map or written documentation.