Clairton City Zoning Code
ARTICLE VIII
Nonconformities
§ 337-59 Purpose.
It is the general policy of the City to allow uses, structures and lots that came into existence legally in conformance with then-applicable requirements to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. This article establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this chapter. The regulations of this chapter are intended to:
A.
Recognize the interests of property owners in continuing to use their property;
B.
Promote reuse and rehabilitation of existing buildings;
C.
Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the community as a whole; and
D.
Protect the integrity of residential neighborhoods from the potential impacts of nonconforming uses.
§ 337-60 General requirements.
A.
Unsafe situations. Nothing in this chapter shall be construed to permit the continued use of a building or structure found to be in violation of basic building, health, or safety codes.
B.
Compliance with regulations. The right to change or expand any nonconformity shall be subject to all applicable housing, building, health and other life-safety codes. Nonconformities shall also be subject to all applicable regulations of this code.
C.
Repair and maintenance. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming structure. Nothing in this chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an order of the Building Official.
D.
Permit required. A zoning occupancy permit must be obtained by the owner of any nonconforming use, lot or structure as evidence that the use or structure lawfully existed prior to the adoption of the provision which made the use or structure nonconforming. The zoning occupancy permit shall specify the provision of this chapter which makes the use, lot or structure nonconforming.
E.
Prior violations continued. A building altered or erected or a use created in violation of any previously in-effect zoning provision, shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by this article upon other nonconforming buildings and uses.
§ 337-61 Nonconforming uses.
A.
Continuation. A nonconforming use which has a valid zoning occupancy permit and lawfully occupies a structure or vacant site on the date that it becomes nonconforming may be continued as long as it remains otherwise lawful, subject to the standards and limitations of this section.
B.
Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy parts of another structure or portions of a site that it did not occupy on the date that it became nonconforming, unless approved by the Zoning Hearing Board as a special exception, subject to the following limits:
(1)
The total building floor area or total land area occupied by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond the area that existed at the time the use first became nonconforming.
(a)
The fifty-percent maximum shall be measured in aggregate over the entire life of the nonconformity.
(b)
These provisions apply regardless of whether the use is expanding within an existing building or an addition.
(2)
Any expansion of a nonconforming use shall meet all required setbacks and all other requirements, including off-street parking, of this chapter. No new nonconformity shall be created.
C.
Change to another nonconforming use. A nonconforming use may be changed to another nonconforming use, as a special exception, subject to the following limits:
(1)
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(2)
The applicant shall show that the new use will more closely correspond to the uses permitted in the district than the current nonconforming use.
(3)
The applicant shall show that the new use will be in keeping with the character of the neighborhood in which it is located and be less objectionable in external effects than the existing nonconforming use with respect to:
(a)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(b)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, and vibration.
(c)
Storage and waste disposal.
(d)
Appearance.
D.
Displacement. No nonconforming use shall be extended to displace a conforming use.
E.
Abandonment. Once abandoned, a nonconforming use shall not be reestablished or resumed. Any subsequent use or occupancy of the structure or land must conform to the regulations of the district in which it is located and all other applicable requirements of this code. A nonconforming use shall be presumed abandoned when any one of the following has occurred:
(1)
A less-intensive use has replaced the nonconforming use;
(2)
Greater than 24% of the building or structure has been removed through the applicable procedures for condemnation of unsafe structures or otherwise by operational law;
(3)
The owner has physically changed the building or structure or its fixtures or equipment in such a way as to clearly indicate a change in use or activity to something other than the nonconforming use; or
(4)
The use has been discontinued, vacant or inactive for a continuous period of at least one year, provided this presumption may be rebutted upon showing, to the satisfaction of the Zoning Hearing Board, that the owner had no intention to abandon. Where appropriate, the Zoning Hearing Board may require contemporaneous documentation of previous use or intended use, such as leases or real estate advertisement, to rebut the presumption.
§ 337-62 Nonconforming structures.
A.
Continuation. A nonconforming structure which has a valid zoning occupancy permit and lawfully occupies a site on the date that it becomes nonconforming that does not conform with the site development standards of the underlying zoning district or any other development standards of this code may be used and maintained, subject to the standards and limitations of this section.
B.
Maintenance and repair. Maintenance, remodeling and repair of a nonconforming structure shall be permitted without a variance and without special exception approval, provided that such maintenance, remodeling or repair does not increase the degree of nonconformity.
C.
Occupancy by a conforming use. A nonconforming structure may be occupied by any use allowed in the zoning district in which the structure is located, subject to all other applicable use approval procedures and conditions.
D.
Restoration. The Zoning Hearing Board shall be authorized to approve, as a special exception, the reconstruction of a nonconforming structure damaged by fire, flood, wind, tornado, earthquake, or other natural disaster, with the following limits:
(1)
The structure is properly secured after the damage or destruction;
(2)
Such reconstruction is performed within 12 months after the date of damage or destruction, unless the Zoning Hearing Board grants a time extension for good cause;
(3)
The rebuilding does not increase the intensity of the use, as determined by the number of dwelling units (for residences) or floor area or ground coverage (for nonresidential uses);
(4)
No new nonconformity is created and no existing nonconformity is increased;
(5)
An existing detached building that is accessory to a dwelling may be replaced with a new building, provided the new building is no more nonconforming than the previous building.
E.
Enlargement. A nonconforming structure may be enlarged, expanded or extended, in compliance with all applicable regulations of this code, unless the enlargement, expansion or extension has the effect of increasing the degree of nonconformity or creating a new nonconformity.
F.
Floodproofing. When any nonconforming use or structure located in a floodplain is expanded, reconstructed, or otherwise modified to an extent amounting to 50% or more of its market value, it shall be floodproofed and elevated to the greatest extent practicable.
G.
Willful destruction. In the event of arson or other willful destruction, reconstruction of nonconforming structures shall be prohibited if such casualty is traceable to the owner or his/her agent. Such instances shall result in forfeiture of the nonconforming status, and must subsequently be brought within all the prevailing restrictions applied to the underlying zoning district.
§ 337-63 Nonconforming lots.
A.
A lot shown on an approved and recorded subdivision plat or a parcel shown on the Allegheny County Department of Real Estate's records as a separate parcel on such date may be occupied and used although it may not conform in every respect with the dimensional requirements of this code, subject to the provisions of this section.
B.
If the lot or parcel was vacant on the date which this code became applicable to it and is in separate ownership from abutting lots or parcels, then the Zoning Officer shall approve the use of the lot as an Administrator exception for a single-unit residential use, or the Zoning Hearing Board shall approve, as a special exception, the lot for a conforming use permitted in the district in which the lot is located, according to the following standards:
(1)
The use and structure shall comply with all applicable dimensional requirements of the code to the extent practicable; and
(2)
If the applicable zoning district permits a variety of uses or a variety of intensities of uses, and one or more uses or intensities would comply with applicable setback requirements while others would not, then only the uses or intensities that would conform with the applicable setback requirements are permitted.
C.
If a nonconforming lot is contiguous to another lot with a common owner, and at least one of the lots does not include a principal building, then the two lots shall be considered to be merged, and shall not be separately sold and shall not be separately developed.
§ 337-64 Nonconforming signs.
See Article IX, Signs.
