Cheswick City Zoning Code
ARTICLE VII
Nonconformities
§ 158-46 Definitions. [1]
As used in this article, the following terms shall have the meanings indicated:
NONCONFORMING BUILDING OR STRUCTURE
Any structure which is devoted to a use which is permitted in the zoning district in which it is located but which does not conform as to required lot area and/or other dimensional requirements, provided that such building or structure existed lawfully prior to the enactment of this chapter or any amendment to it.
NONCONFORMING LOT OF RECORD
An undeveloped lot which does not comply with the applicable provisions contained in this chapter, or any amendment to it, but which was a legally recorded lot prior to the enactment of this chapter.
NONCONFORMING USE
A use of part of all of a structure, or a use of land (not involving a structure or only involving a structure which is accessory to such use of land), which does not comply with the applicable use regulations contained in this chapter, provided that such use existed lawfully prior to the enactment of this chapter or any amendment to it.
[1]
Editor's Note: Other definitions are included in §§ 158-7, 158-41, 158-45.1 and 158-45.2.
§ 158-47 Continuation.
Subject to the provisions of this section, a use of building or land existing at the time of the enactment of this chapter 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 shall keep and maintain a list of all nonconforming uses existing at the time of the passage of this chapter and which may come to exist in the future.
§ 158-48 Unlawful use not authorized.
Nothing in this article 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.
§ 158-49 Alteration, repair or reconstruction of nonconforming structures.
A.
Nothing in this article shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
B.
A nonconforming building or structure (excluding signs) may be altered, repaired, enlarged or reconstructed, provided that its nonconformity is not increased and the structure complies with other area and dimensional requirements of this chapter.
C.
If a nonconforming 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 completed within 18 months of issuance of the building permit. However, reconstruction shall not make the building or structure more nonconforming, in any aspect, than it was prior to destruction. Reconstruction must comply with applicable state and local building codes.[1]
[1]
Editor's Note: See Ch. 76, Construction Codes, Uniform.
D.
A lawful use in a nonconforming building or structure may expand within the existing building.
§ 158-50 Alteration, enlargement or expansion of nonconforming use.
A.
Residential, conservation and special development districts.
(1)
In these districts, nonconforming uses may expand up to 30% of the original building area (measured in gross floor area) or lot area, if there is no building, to allow for continuation and reasonable economic growth of the use. Such expansion must comply with applicable lot area and dimensional requirements and cannot eliminate required off-street parking and/or loading areas.
(2)
The Zoning Hearing Board may authorize an expansion or enlargement exceeding the 30% limitation where the expansion is to provide required off-street parking or loading space or to correct a hazardous or unsafe condition in violation of a local, county, state or federal law and the expansion is not materially detrimental to surrounding properties or the interests of the municipality.
B.
Commercial, industrial districts. In any commercial or industrial district, a nonconforming use may expand up to 50% of the original building (measured in gross floor area) or lot area, if there is no building, in accordance with the same conditions stated in Subsection A.
§ 158-51 Change of nonconforming use.
When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A nonconforming use may be changed to a similar nonconforming use or one which more closely conforms to the uses permitted in the zoning district. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with the following:
A.
The proposed use is within the same type of use category as the original nonconforming use, such as one personal service business to another, or is a use that more closely conforms to the current district regulations. In making a determination of similar uses, the Board shall be guided by the United States Department of Commerce's Standard Industrial Classification Manual (current edition).
B.
The proposed use will not be any more objectionable that the original nonconforming use in terms of congestion; traffic generation and requirements for off-street parking and loading; outdoor storage of wastes, materials, supplies and equipment; height, area and volume of all structures.
C.
The proposed use can comply with the applicable district regulations, and the performance standards for noise, air and water quality, glare, odors, fire and explosive hazards, vibrations, screening, stormwater and floodplain management, and parking and loading, which are contained in Article IV of this chapter.
§ 158-52 Abandonment of nonconforming use.
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 12 consecutive months or a total of 12 months within a period of 18 consecutive months.
C.
It has been replaced by a conforming use.
D.
It has been changed to another nonconforming use under permit from the Zoning Hearing Board.
§ 158-53 Nonconforming lots of record.
A.
In any district, notwithstanding the regulations imposed by any other provision of this chapter, a building which complies with applicable zoning restrictions, except for lot area, may be erected, provided that the following requirements are met:
(1)
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 then in effect.
(2)
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 the applicable zoning ordinance or ordinances.
B.
Construction permitted by the above shall comply with all the regulations, except lot area and yard requirements, otherwise applicable in the zoning district. The following yard requirements shall apply:
(1)
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 § 158-11F.
(2)
Side yards. The building shall be placed on the lot so as to provide two side yards. A side yard shall not be less than the smaller of five feet or the minimum side yard otherwise required in the applicable zoning district.
(3)
Rear yard. As prescribed by the regulations for the zoning district in which the lot is located, or no less than 10 feet.
§ 158-54 Termination of nonconforming signs.
A.
Upon adoption of this chapter, the Zoning Officer shall prepare a list of all nonconforming signs. Owners of these signs shall be notified, in writing, that they have six years from the date of adoption of this chapter to replace or modify their signs so that they comply with the applicable provisions of this chapter.
B.
If the existing use ceases during that six-year period, any new use shall replace the nonconforming sign with a conforming one.
C.
If the Zoning Officer orders repairs on any nonconforming sign which equal 50% or more of the sign's replacement value, then the sign shall be brought into conformance as part of the repairs.
D.
A nonconforming sign cannot 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.
§ 158-55 Status of conditional or special exception uses.
Any use for which a conditional or special exception 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. Where a use exists at the effective date of this chapter and is permitted by this chapter only as a conditional or special exception 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.
§ 158-56 Historic landmarks.
The applicable provisions for nonconformities shall not apply to any structure designated as an historic landmark by the Pennsylvania Historical Commission or placed on the National Register of Historic Places.
§ 158-57 District changes.
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, structures or lots of record existing therein.
