Brady Township Butler County
City Zoning Code
City Zoning Code
ARTICLE IX
Nonconforming Uses
§ 350-901 Application.
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, as amended, to the property on which they are located or from reclassification of the property under any subsequent amendments to this chapter.
§ 350-902 Nonconforming uses, structures and lots.
[Amended 5-21-2024 by Ord. No. 2024-01]
The following provisions shall apply to all nonconforming uses, structures and lots in all zoning districts:
Continuation. A nonconforming use may be sold or otherwise transferred to other owners and may be continued but shall not be changed in use unless to a conforming use or as otherwise set forth in this section.
Abandonment. If a nonconforming use is discontinued for a period of 12 consecutive months or longer and an intent to abandon such use has been demonstrated, such use shall be deemed to be abandoned and any use of the property thereafter shall be in accordance with the regulations of this chapter for the zoning district in which the property is located.
Enlargement, Expansion or Extension. A nonconforming use may be enlarged, expanded or extended only upon approval by the Board of Supervisors as a conditional use and subject to compliance with the following criteria:
The extension becomes an attached part of the principal structure and does not utilize additional or adjoining land area other than the original parcel.
The extension shall not encroach upon the setback, lot area coverage, maximum building height and other dimensional requirements of the zoning district in which the nonconforming use is located.
The extension is for the purpose of expanding the existing nonconforming use.
The extension does not result in an increase in total floor area or lot coverage area of more than 50% of the existing floor and lot coverage areas.
A nonconforming use may not be extended if such expansion will displace a conforming use.
Adequate parking shall be provided in conformance with this chapter to serve both the original and the expanded use.
The expansion does not present a threat to the health or safety of the community or its residents.
A nonconforming use, when expanded, shall also meet the specific criteria to be applied to particular conditional uses to the extent the use falls within the definition of any such conditional use.
Change of nonconforming use. A nonconforming use shall not be changed unless to a conforming use, except as permitted by approval of the Board of Supervisors as a conditional use and subject to compliance with the following criteria:
The proposed use is equally compatible or more compatible with the uses permitted in the zoning district than the preceding nonconforming use.
The proposed use shall have the same or more limited hours of operation as the existing use.
The proposed use shall have reasonably similar or less trips generated.
The proposed use shall have similar or less overall impact.
The proposed use shall not increase outside storage or noise or have any other adverse impact.
A nonconforming use, when changed, shall also meet the specific criteria to be applied to particular conditional uses to the extent the use falls within the definition of any such conditional use.
Once a nonconforming use is changed to a conforming use, it may not thereafter revert to a nonconforming status.
Reconstruction of nonconforming structures. If a nonconforming structure is partially or completely damaged or destroyed by fire, collapse, explosion or other disaster, it may be reconstructed or repaired, provided that the reconstruction and repair activities for the structure commence within one year of the date that the original structure was damaged or destroyed and are completed within two years of the date that the original structure was damaged or destroyed. However, reconstruction or repair shall not make the structure more nonconforming, in any respect, than it was prior to damage or destruction.
Nonconforming signs.
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 the sign area at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels shall be permitted.
Repair or maintenance. Nothing in this section shall be deemed to prevent the strengthening or restoring of any sign or part thereof to a safe condition.
§ 350-903 Nonconforming structures.
Where a structure existed on a property at the effective date of this chapter or any amendment to it affecting the property and does not conform to the requirements of this chapter or amendment regarding height, setbacks from street or lot lines, lot coverage, etc., such structure may remain, subject to the following provisions:
No structure shall be enlarged or altered so that its height or proximity to property lines creates a nonconformity or increases an existing setback or height nonconformity.
Replacement of a nonconforming structure shall be done with respect to the setback and height requirements for the zoning district wherein the property is located. Where the owner alleges a hardship, he may appeal to the Zoning Hearing Board to grant approval of replacement of the foundation of the building proposed to be replaced. In no case shall the replacement make more nonconforming the original nonconforming structure.
§ 350-904 Record of nonconforming uses.
The Zoning 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. All uses that are not permitted by right or are not conditional uses in a particular zoning district shall be considered as nonconforming.
The Zoning Officer shall keep the record current as amendments to this chapter create new nonconforming uses, and as removal of buildings and uses eliminates nonconforming uses.
The owner of a property with a nonconforming use may request the Zoning Officer to issue a letter of nonconformity for the use, thereby establishing the use as legally nonconforming and subject to the rights accorded nonconforming uses. In making such a request, the property owner shall provide documentation establishing the date of commencement of the use or occupancy of the structure accommodating the nonconforming use.