Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before enactment of the Hempfield Township Zoning Ordinance of 1969, but which are prohibited, regulated or restricted under the terms of said Zoning Ordinance of 1969 and subsequent amendments, including this chapter (the Zoning Ordinance of 2012).

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, unless all applicable provisions of this chapter pertaining to setbacks, parking and utilities, where applicable, are complied with.

Continuation. Where, at the effective date of adoption or amendment of this chapter, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as the use conforms to all other applicable regulations of the Township, county, commonwealth and federal government and the provisions of this article governing nonconforming uses, structures and lots.

Change of use. A nonconforming use may be changed to a different nonconforming use, provided that an application for a special exception for the new nonconforming use is filed with the Zoning Hearing Board and the Board finds that the proposed use is equal to or more compatible, in terms of characteristics of the use, including but not limited to noise, lighting, traffic, environmental and other impacts deemed relevant, with uses permitted in the zoning district than the preceding nonconforming use. In permitting such change of nonconforming use, the Zoning Hearing Board may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

Enlargement or expansion.

Moving of nonconforming use. A nonconforming use shall not be moved, in whole or in part, to any portion of the lot or parcel other than that occupied at the time of enactment of this chapter, unless approved by the Zoning Hearing Board under the special exception provisions of this chapter.

Damage and reconstruction. Any structure which houses a nonconforming use which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and completed within one year of such casualty and if the restored structure has no greater impervious surface coverage and no greater cubic volume than before such casualty.

Abandonment. A nonconforming use of a structure or lot that has been abandoned or discontinued shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned when any of the following can be established:

Continuation. Where, at the effective date of adoption or amendment of this chapter, a lawful structure exists that is made no longer permissible by the terms of this chapter as enacted and amended, such structure may be sold or otherwise transferred to other owners and may continue to exist as long as the structure conforms to all other applicable regulations of the Township, county, commonwealth and federal government and the provisions of this article governing nonconforming uses, structures and lots.

Structural alteration.

Damage or destruction. Any nonconforming structure which has been partially or completely damaged or destroyed by fire or other accident or act of God may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that the repair or reconstruction and reoccupancy of the structure is initiated and completed within one year of the date of such casualty.

Moving. Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the requirements of the zoning district in which it is located.

Signs.

Any nonconforming lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be developed in accordance with the requirements of the zoning district of the lot of record.

Where two or more adjacent lots of record with continuous frontage each have less than the required area and/or lot width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this article. No division of any lot shall be made which does not comply with the requirements of this article. Any change in lot lines necessary to meet the minimum requirements of this article shall constitute a revision to the recorded plan and shall meet all applicable requirements of Chapter 76, Subdivision of Land.

Where structures exist on adjacent nonconforming lots of record which have front yards less than the minimum depth required, the minimum front yard for an adjacent, undeveloped, nonconforming lot of record shall be the average depth of the nonconforming front yards of the adjacent developed nonconforming lots which are in the same block on the same side of the street and in the same recorded plan as the undeveloped lot. Private garages, storage sheds, swimming pools and similar structures shall be located to the rear of the permitted principal structure and may be permitted in the rear yard, provided that they are no closer than 10 feet from the rear lot line and are not located on any easements or rights-of-way.

The owner of a nonconforming use shall make an application for registration of the nonconforming use and, upon presentation of documentation acceptable to the Zoning/Code Enforcement Officer that the use was lawfully in existence prior to the effective date of this chapter or any amendment which created nonconformity, the Zoning/Code Enforcement Officer shall register the same on a map by the Westmoreland County Tax Mapping Department by map and tract number as a legal nonconforming use.

In the course of administering this chapter and reviewing applications for land development, zoning certificates, special exceptions or variances, the Zoning/Code Enforcement Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.