Aspinwall City Zoning Code
PART 6
NONCONFORMITIES
§ 27-601 Definitions.
[Ord. 775, 6/15/1983, § 140-701; as amended by Ord. 851, 7/12/1989, § 1]
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter, its predecessors or any amendments thereto, such as minimum yard, maximum lot coverage, maximum height and off-street parking requirements, where such structure lawfully existed prior to enactment of this chapter, its predecessors or amendments thereto. Such nonconforming structures include, but are not limited to, nonconforming signs.
A lot the area or dimension of which was lawful prior to the adoption of this chapter, its predecessor or any amendments thereto, but which fails to conform to the requirements of the zoning district in which it is located, such as minimum lot area requirements, by reasons of such adoption or amendments.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter, its predecessor or any amendments thereto, where such use was lawfully in existence prior to enactment of this chapter, its predecessors or amendments thereto.
§ 27-602 Continuation.
[Ord. 775, 6/15/1983, § 140-702; as amended by Ord. 851, 7/12/1989, § 1]
Subject to the provisions of this section, a nonconforming lot, nonconforming building or structure or nonconforming use may be continued even though such does not conform with the provisions of these regulations for the district in which it is located. The Zoning Officer may keep and maintain a list of all nonconforming lots, buildings and structures or uses existing at the time of the passage of this chapter, its predecessors or amendments thereto, and which may come to exist in the future.
§ 27-603 Alterations, Repair, Enlargement, Reconstruction of Nonconforming Buildings and Structures.
[Ord. 775, 6/15/1983, § 140-703; as amended by Ord. 851, 7/12/1989, § 1]
1.
Nothing in this chapter 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, improved or reconstructed provided that the total cost of such work does not exceed 50% of the fair market value of the structure at the time of the requested alteration and that the work does not make the structure any more nonconforming in any aspect. This cost limitation does not apply to the extent the work involves bringing the structure into conformance with applicable zoning regulations.
3.
If a nonconforming building or 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 pursued diligently to completion. However, reconstruction shall not make the building, structure or use more nonconforming, in any aspect, than it was prior to destruction. Reconstruction must comply with applicable state and local building codes.
§ 27-604 Alteration, Enlargement or Expansion of a Nonconforming Use.
[Ord. 775, 6/15/1983, § 140-704; as amended by Ord. 851, 7/12/1989, § 1]
1.
Residential Districts. In any residential district, nonconforming uses may expand up to 25% of the gross floor area utilized for the nonconforming use (measured in square feet), to allow for continuation and reasonable growth of the use; provided, however, any such expansion shall comply with all other provisions of this chapter including, but not limited to, all applicable area and bulk requirements and off-street parking and loading requirements. Nothing in this section shall be construed as authorizing the expansion of a nonconforming building or structure or a nonconforming lot.
§ 27-605 Change of Use.
[Ord. 775, 6/15/1983, § 140-705; as amended by Ord. 851, 7/12/1989, § 1]
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use required review and approval by the Zoning Hearing Board, in accordance with § 27-705, Subsection 6F, of this chapter.
§ 27-606 Construction Approved Prior to Adoption.
[Ord. 775, 6/15/1983, § 140-706; as amended by Ord. 851, 7/12/1989, § 1]
Nothing in this chapter or any amendment thereto shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the adoption of this chapter or amendment thereto and the construction of which shall have been diligently prosecuted within six months of the date of the issuance of such permit, and the entire building completed according to approved plans within one year of the enactment of this chapter or any applicable amendment thereto.
§ 27-607 Abandonment.
[Ord. 775, 6/15/1983, § 140-707; as amended by Ord. 851, 7/12/1989, § 1]
1.
A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one or more of the following conditions apply:
A.
The intent of the owner to discontinue the use is apparent.
B.
A nonconforming use has been discontinued for a period of six months, unless other facts show intention to resume the nonconforming use.
C.
It has been replaced by a conforming use.
D.
It has been changed to another nonconforming use as authorized by the Zoning Hearing Board.
§ 27-608 Unlawful Use Not Authorized.
[Ord. 775, 6/15/1983, § 140-708; as amended by Ord. 851, 7/12/1989, § 1]
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter, its predecessors or any amendment thereto.
§ 27-609 District Changes.
[Ord. 775, 6/15/1983, § 140-709; as amended by Ord. 851, 7/12/1989, § 1]
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 uses, nonconforming buildings or structures or nonconforming lots existing therein.
§ 27-610 Nonconforming Lot.
[Ord. 775, 6/15/1983, § 140-710; as amended by Ord. 851, 7/12/1989, § 1]
1.
In any residential district, notwithstanding the regulations imposed by any other provision of this chapter, a single-family detached dwelling which complies with all applicable zoning restrictions except for lot area may be erected; 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 or chapter 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 this chapter.
2.
Construction permitted by the above shall comply with all the regulations, except lot area and minimum yard requirements, applicable to single-family dwellings in the zoning district in which the lot in question is located. However, the following minimum yard requirements shall apply:
A.
Front Yards. As prescribed by the regulations for the zoning district in which the lot is located or by the provision for front yard exceptions in Part 4 of this chapter.
B.
Side Yards. The dwelling shall be placed on the lot so as to provide two side yards. A side yard shall not be less than the smaller of: (1) 2 1/2 feet; or, (2) the minimum side yard prescribed by the regulations for the applicable zoning district.
C.
Rear Yard. A rear yard shall not be less than the smaller of (1) the minimum rear yard prescribed by the regulations for the zoning district in which the lot is located; or, (2) 10 feet.
§ 27-611 Status of Conditional Uses.
[Ord. 775, 6/15/1983, § 140-711; as amended by Ord. 851, 7/12/1989, § 1]
1.
Any use, for which a conditional use permit has been issued as provided by this chapter, shall not be deemed to be a nonconforming use, but it shall be deemed a lawful conforming use.
2.
Where a use exists at the effective date of this chapter and is permitted by this chapter only 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.
§ 27-612 Termination of Nonconforming Signs.
[Ord. 775, 6/15/1983, § 140-712; as amended by Ord. 851, 7/12/1989, § 1; and by Ord. 939, 12/14/1998, § 3]
1.
Any existing signs which are now or may hereafter constitute nonconforming sings under the provisions of this chapter 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 or amendment thereto.
2.
If at any time the owner or operator of a nonconforming sign, either voluntarily or through municipal enforcement action, proposes or is required to remodel, reconstruct, alter, expand or repair a nonconforming sign, the cost of which work is reasonably estimated to be 50% or more of the estimated cost to construct a new sign of like size and design at the same location, then such sign shall be brought into conformance with this chapter or amendment thereto as part of the work.
3.
Any nonconforming sign which shall fall into disrepair shall be deemed to be abandoned upon the expiration of 30 days from the date of any notice of the Zoning Officer to bring such sign into proper maintenance and condition. After any such abandonment, the nonconforming sign shall be made conforming under this chapter or amendment thereto prior to any reuse of the sign.