Chartiers Township Washington County
City Zoning Code
City Zoning Code
ARTICLE X
Nonconforming Uses, Structures, and Lots
§ 350-52 Statement of intent.
A.
The zoning districts established by this chapter are designed to guide future use of land in the Township by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public heath, 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 and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Township.
C.
Similarly, buildings or other structures existing at the time of adoption of this chapter or amendment to this chapter which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages, or building/structure height are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their locations.
E.
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.
§ 350-53 Nonconforming use regulations.
Lawful uses, located either within a building or other structure, or part thereof, or on the land, or in combination of both, which at the effective date of this chapter or subsequent amendment thereto became nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property subject to the following regulations.
§ 350-54 Enlargement and change of nonconforming structure.
No nonconforming structure may be enlarged or otherwise have any structural alterations made to it in a way which increases its nonconformity, except when the Board may determine undue hardship and may authorize a reasonable modification of such structure.
§ 350-55 Destruction of nonconforming structure or structure with nonconforming use.
Whenever a nonconforming structure, or a structure having a nonconforming use, is destroyed by fire or act of God or is removed for any other reason, the nonconforming use must be rebuilt within 24 months thereof or the property must thereafter conform to the zoning requirements of the district in which it is located; however, the Supervisors may grant an extension of time upon recommendation of the Planning Commission for good cause upon written request by the owner received prior to the expiration of the twenty-four-month period. A nonconforming structure can only be altered so as to conform to the requirements of the district in which it is located.
§ 350-56 Discontinuance.
A.
If any nonconforming use of land or a structure ceases use or operations for a period of 12 months or more, and the owner within a total period of 12 months from cessation fails or refuses to apply to the Zoning Officer for a permit to reinstitute or continue the original use, the failure or refusal shall be conclusively deemed to be an abandonment of the original use. Any subsequent use of the land or structure shall conform to this chapter in the district in which it is located.
B.
From the time of such application to reinstitute or continue the use, the owner shall have not less than one year to complete the structure or reinstitute the use.
§ 350-57 Certificates of occupancy for nonconforming uses, buildings and signs.
A certificate of occupancy may be issued for any nonconforming use, building or sign to be continued after the effective date of this chapter, subject to the following regulations:
A.
The Supervisors may require and direct the Zoning Officer to register nonconforming uses.
B.
When an application has been filed for a certificate of occupancy for a nonconforming use or structure, such certificates shall be issued only after the Zoning Officer has inspected the premises and determined that the use or structure is lawful and nonconforming, but in no case shall the issuance or refusal be more than 90 days after date of application.
C.
Full particulars of the nature and extent of nonconformity shall be included in the certificate of occupancy.
§ 350-58 Expansion or extension of nonconforming uses.
Natural and reasonable expansion of nonconforming uses may be permitted by the Zoning Hearing Board after a hearing under these conditions:
A.
Expansion shall not exceed the applicable dimensional space, lot area, design, structural or aesthetic restriction as set forth in this chapter.
B.
The owner or operator, etc., desiring such expansion shall file an application with the Zoning Officer who shall thereupon set the matter for hearing before the Zoning Hearing Board.
C.
In the case of a development which is a land development, the owner or operator desiring such expansion must submit, with his application, a preliminary land development plan in accordance with this chapter and Chapter 305, Subdivision and Land Development, and approved or conditionally approved by the body having approval authority.