Cambria Township City Zoning Code
PART 3
NONCONFORMING BUILDINGS AND LAND USES
§ 27-301 Purpose.
[Ord. 206, 12/10/2010, § 301]
1.
The districts established by this chapter constitute the proper location for the specific enumerated uses, buildings, and other structures permitted therein. Within such districts, however, there exist nonconformities that were lawfully in existence before the effective date of this chapter, but are prohibited under the terms of this chapter. Future amendments to this chapter may be expected to create additional nonconformities.
2.
The legitimate interests of those who established these nonconformities are recognized in this chapter by permitting such nonconformities to continue, subject to regulations for and limitations upon their completion, restoration, reconstruction, extension, and substitution. It is recognized, however, that nonconformities substantially and adversely affect the orderly development, maintenance, use, and taxable value of other property in the district — property that is itself subject to the regulations of this chapter. In order to secure eventual compliance with the standards of this chapter, it is, therefore, necessary to strictly regulate nonconformities and to prevent the re-establishment of nonconformities that have been discontinued.
3.
Accordingly, the following Sections divide nonconformities into five classes and provide appropriate regulations for each class. These classes are:
A.
Vacant lots smaller than the minimum size, width, depth, or any combination thereof required by this chapter.
B.
Nonconforming buildings and structures used for a permitted use.
C.
Nonconforming uses of conforming buildings and structures.
D.
Nonconforming buildings and structures used for a nonconforming use.
E.
Nonconforming use of land.
F.
In the case of existing residential uses and structures in any nonresidential zone, regulations for the geographically closest residential district for setbacks, height, areas and coverage shall apply.
§ 27-302 Nonconforming Vacant Lots.
[Ord. 206, 12/10/2010, § 302]
1.
A "pre-recorded nonconforming lot" is a lot consisting entirely of a tract of land that:
A.
Has less than the prescribed minimum lot size, width, depth, or any combination thereof, for the district in which it is located.
B.
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 such size, width, depth, or any combination thereof, at such location would not have been prohibited by any zoning ordinance.
C.
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.
2.
The side yard setbacks for the development of a pre-recorded nonconforming lot shall be as follows:
A.
If the development cannot conform to the side yard requirements of the district in which it is located, then the development must conform to a requirement of three feet for each side yard. On a corner lot, the side yard abutting the street shall not be less than 10 feet. In no case shall any obstruction be permitted in the areas defined by Part 4, § 27-414, and "Obstruction to Vision."
§ 27-303 Nonconforming Buildings and Structures Used for Permitted Uses.
[Ord. 206, 12/10/2010, § 303]
1.
A lawfully existing building or other structure which contains a conforming use, but which does not comply with the applicable lot size requirements, building bulk limitations, or off-street parking requirements, may be continued so long as it remains otherwise lawful. Such buildings or other structures are referred to in this Part as "nonconforming buildings" and are subject to all of the following regulations:
A.
Ordinary Repair and Maintenance.
(1)
Ordinary maintenance and repair work, or repair and replacement of nonbearing walls, fixtures, wiring, or plumbing may be accomplished provided, however, that this paragraph shall not be deemed to authorize any violation of Paragraphs B through D of this section.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Paragraph D of this section in accordance with the order of a public official who is charged with protecting the public safety and who declares such building to be unsafe and orders its restoration to a safe condition.
B.
Repairs and Alterations. Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.
C.
Enlargements. No nonconforming building shall be enlarged or added to in any manner unless such building and the use thereof shall thereafter conform to, or more closely conform to, the regulations of the district in which it is located.
D.
Reconstruction. In the event that a nonconforming building or structure used for a permitted use is damaged or destroyed by any means, to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.
E.
Moving. No nonconforming building or other structure shall be moved in whole or in part for any distance whatever, to any other relocation on the same lot or any other lot, unless the entire building and the use thereof shall thereafter conform to the regulations of the district in which it is located after being moved.
F.
Multiple Buildings on a Lot. In the event that a lot is occupied by two or more buildings; and the use of the buildings is a permitted use under this chapter; and the owner desires to sell one or more of said structures, thus requiring a lot split or subdivision plan to be prepared and approved by the Planning Commission, effectively making the remaining lots not comply with the yard area and lot coverage requirements as set forth in this chapter, then said requirements shall not apply.
§ 27-304 Conforming Buildings and Structures Used for Nonconforming Uses.
[Ord. 206, 12/10/2010, § 304]
1.
A lawfully existing nonconforming use of part or all of a building or structure may be continued subject to all of the following provisions:
A.
Expansion of Nonconforming Use. A nonconforming use of a part of a building or structure may be expanded or extended into any other portion of such building or structure provided that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefor be granted by the Zoning Hearing Board.
B.
Change of Nonconforming Use. A nonconforming use all or partially conducted in a structure or structures may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. In determining such relative conformity, the Board shall review the written report of the Zoning Officer, which may include the recommendations of the Planning Commission. This report shall take into consideration such factors, among others, as traffic generated, nuisance characteristics, such as emission of noise, dust, odors and smoke, creation of vibrations and fire hazards, the hours and manner of operation. The Zoning Officer may request the assistance of other applicable Township agencies in preparing his report.
C.
Discontinuance of Nonconforming Use. A use occupying a building or structure, not conforming to the regulations of the district in which it is located that is discontinued during any continuous period of 12 months, shall not be continued and said building or structure shall only be occupied by a use which conforms to the district in which it is located.
D.
Reconstruction. In the event that a conforming building or structure containing a nonconforming use is damaged or destroyed by any means, voluntary or involuntarily, said building may be restored. If the owner chooses to reconstruct the conforming building or structure the nonconforming use must be reinstated within 24 months.
E.
Moving. No building or other structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance, whatsoever, to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatsoever, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
§ 27-305 Nonconforming Buildings and Structures Used for Nonconforming Uses.
[Ord. 206, 12/10/2010, § 305]
1.
A lawfully existing nonconforming building or other structure which contains a lawfully existing nonconforming use of part or all of said building or structure may be continued subject to all the following provisions:
A.
Ordinary Repair and Maintenance of Nonconforming Building or Structure.
(1)
Ordinary maintenance and repair work, or repair and replacement of nonbearing walls, fixtures, wiring, or plumbing may be accomplished; provided, however, that this paragraph shall not be deemed to authorize any violation of Paragraphs B through H of this section.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a nonconforming building, subject to the provisions of Paragraph G of this section in accordance with the order of a public official who declares such building to be unsafe and order its restoration to a safe condition.
B.
Repairs and Alterations to a Nonconforming Building or Structure. Repairs, maintenance, alterations, and modernization may be made to a nonconforming building or structure, except that no structural alteration shall be made in or to such building or structure, except those required by law, and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.
C.
Enlargements of Nonconforming Building or Structure. No nonconforming building or structure shall be enlarged or added to in any manner unless such building or structure shall thereafter conform to, or more closely conform to, the regulations of the district in which it is located.
D.
Expansion of Nonconforming Use. A nonconforming use of a part of a nonconforming building or structure may be expanded or extended into any portion of such building or structure; provided, that such expansion or extension shall not in any case be detrimental to or tend to alter the character of the neighborhood and that approval therefore be granted by the Zoning Hearing Board.
E.
Change of Nonconforming Use. A nonconforming use all or partially conducted in a nonconforming structure or structures may be changed to another nonconforming use only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be more conforming to its neighborhood and surroundings than the use it is to replace. In determining such relative conformity, the Board shall review the written report of the Zoning Officer, which may include the recommendations of the Planning Commission. This report shall take into consideration such factors, among others, as traffic generated, nuisance characteristics, such as emission of noise, dust, odors, and smoke, creation of vibrations and fire hazards, the hours and manner of operation. The Zoning Officer may request the assistance of other applicable Township agencies in preparing his report.
F.
Discontinuance of Nonconforming Use. A use occupying a nonconforming building or structure, not conforming to the regulations of the district in which it is located that is discontinued during any continuous period of 12 months, shall not be continued and said building or structure shall only be occupied by a use which conforms to the district in which it is located.
G.
Reconstruction. In the event that a nonconforming use within a nonconforming building or structure damaged or destroyed by any means, to such an extent that the cost of restoring it to its condition prior to damage or destruction exceeds 50% of the current replacement cost of the entire building, exclusive of foundations, such building and use shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.
H.
Moving. No nonconforming building or other structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance, whatsoever, to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatever, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
I.
Multiple Buildings on a Lot. In the event that a lot is occupied by two or more buildings; and the use of the buildings is a permitted use under this chapter; and the owner desires to sell one or more of said structures, thus requiring a lot split or subdivision plan to be prepared and approved by the Planning Commission, effectively making the remaining lots not comply with the yard area and lot coverage requirements as set forth in this chapter, then said requirements shall not apply.
§ 27-306 Nonconforming Use of Land.
[Ord. 206, 12/10/2010, § 306]
1.
The nonconforming use of land may be continued subject to all of the following provisions:
A.
Expansion of Use. A nonconforming use of land may be expanded provided that such expansion not be detrimental to or tend to alter the character of the neighborhood and that approval therefore be granted by the Zoning Hearing Board.
B.
Discontinuance of Use. A use not conforming to the regulations of the district in which it is located, prior to the Chapter's date of enactment, which is discontinued and is not renewed during any continuous period of 12 months, shall not be renewed except by a use, which conforms to the use regulations of the district in which the land is located.