Homestead City Zoning Code
PART 13
Nonconforming Uses
§ 27-1301 Continuation.
Subject to the provisions of this section, legal nonconforming uses of buildings or land existing at the time of the enactment of this chapter may be sold or otherwise transferred to new owners and may be continued even though such does not conform with the provisions of this chapter for the district in which it is located, as long as it remains otherwise lawful.
§ 27-1302 Unlawful use not authorized.
Nothing in this Part shall be interpreted as authorization for or approval of the continuance of the use of structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 27-1303 Alterations, repair, enlargement or reconstruction of nonconforming structures.
1.
Nothing in this Part shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
2.
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.
3.
If a nonconforming structure is moved for any reason, it shall thereafter conform to the requirements of the zoning district in which it is located.
4.
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 the time period specified in the building permit. However, reconstruction shall not make the building or structure more nonconforming, in any aspect, than it was prior to destruction and, if feasible, shall make the building or structure more conforming and reconstruction must comply with applicable state and local building codes.
5.
A lawful use in a nonconforming building or structure may expand within the existing building.
§ 27-1304 Alteration, enlargement or expansion of nonconforming uses.
1.
In order to allow for reasonable economic growth, a nonconforming use may expand up to 30% of the gross floor area of the buildings or lot coverage (measured in square feet) if there is no building. Such expansion shall:
A.
Comply with applicable area and dimensional requirements for the zoning district in which it is located.
B.
Not result in making an existing conforming building or structure nonconforming.
C.
Not involve the extension of the nonconforming use onto any zoning lot other than contiguous property owned at the time the use became nonconforming.
D.
Not reduce or eliminate required off-street parking and/or loading areas.
2.
Extensions or enlargements of nonconforming uses as described in the previous section shall not commence unless authorized as a conditional use by Borough Council. The Borough Council may authorize an expansion or enlargement exceeding the otherwise allowable percentages 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 Borough.
§ 27-1305 Change of nonconforming use.
When a nonconforming use is changed to a conforming or more conforming use, 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 authorized in the zoning district. A change of one nonconforming use to another nonconforming use shall require conditional use approval by the Borough Council in accordance with the conditional use procedures outlined in Part 11 of this chapter and in accordance with the following.
1.
The proposed use shall be within the same type of use category as the original nonconforming use, or shall be a use that more closely conforms to the current district regulations. In making a determination of similar uses, the Borough Council shall be guided by the Federal Office of Management and Budget Standard Industrial Classification Manual current edition and the list of permitted uses and conditional uses in the district in which the property is located and in the district in which the use is an authorized use.
2.
The proposed use will not be any more objectionable than the original nonconforming use in terms of congestion; traffic generation and requirements for off-street parking and loading; outdoor storage of waste materials, supplies and equipment; height, area and bulk of all structures.
§ 27-1306 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. For purposes of this section, the following circumstances, which shall not be exclusive, shall contribute towards evidence of discontinuance or abandonment of a use.
1.
Failure to maintain regular business hours, typical to normal for the use (past operations of the use and/or industry standards may be used to determine typical or normal hours); or
2.
Failure to maintain equipment, supplies or stock in trade which would be used for the active operation of the use; or
3.
Failure to maintain utilities which would be used for the active operations of the use; or
4.
Failure to pay taxes, including but not limited to sales taxes, worker's compensation taxes, corporate taxes, etc., that would be required for the active operations of the use; or
5.
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use; or
6.
A nonconforming use has been discontinued for a period of six months or a total of six months within a period of 12 consecutive months and/or the intent of the owner to discontinue the use is apparent; or
7.
It has been replaced by a conforming use; or
8.
It has been changed to another nonconforming use under conditional use approval from Borough Council.
§ 27-1307 Discontinuance.
If an owner of a building or land which is occupied by a nonconforming use desires to discontinue such use for an extended period of time but intends to resume such use at a later date, the owner shall apply to the Borough Council in writing for a certificate of continuance, stating the reason for and duration of the discontinuance and the date upon which such use will be resumed. Certificates of continuance shall be granted for periods of up to six months or more if agreed upon by Borough Council. If no certificate has been granted, subsequent use of such building or land shall be in conformity with the provisions of this chapter, unless Borough Council authorizes as a conditional use the resumption of the discontinued use. If a certificate of continuance is granted and nonconforming use is not resumed, the subsequent use shall be in conformity.
§ 27-1308 Nonconforming lot of record.
1.
In any district, notwithstanding the regulations imposed by any other provision of this chapter, a building which complies with applicable zoning requirements except for lot area and lot width may be erected without a lot area and/or lot width variance, provided that the following requirements are met.
A.
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.
B.
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.
C.
All other applicable zoning district regulations can be met.
2.
Construction permitted by the above shall comply with all otherwise applicable regulations, except lot area and lot width
§ 27-1309 Nonconforming signs.
1.
Nonconforming signs which are damaged or destroyed to an extent of 50% or more of their replacement value at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
2.
If the Zoning Officer orders repairs to 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.
3.
A nonconforming sign shall not 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, except that the interchange of advertising panels shall be permitted.
4.
Termination by abandonment. Any nonconforming sign, the use of which is discontinued for a period of 90 days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be reestablished. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. If the period of discontinuance caused by government actions, strikes, material shortages or forces of nature exceeds 90 days after its first occurrence, then the nonconforming sign shall be deemed to be abandoned and shall not thereafter be reestablished.
§ 27-1310 Registration of nonconformity.
1.
Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located. A certificate of nonconformity is required for any nonconforming uses, structures, lots and signs prior to expansion or change in accordance with the provisions of §§ 27-1304 and 27-1305 or prior to receipt of a certificate of continuance in accordance with § 27-1307.
2.
Nonconforming uses. 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 Officer that the use was lawfully in existence prior to the effective date of this chapter or any amendment which created the nonconformity, the Zoning Officer shall register the same on a map and by Allegheny County Deed and Assessment Registry Block and Lot Number as a legal nonconforming use.
3.
Nonconforming structures and lots. In the course of administering this chapter and reviewing applications for zoning certificates or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known.
§ 27-1311 Status of conditional use.
Any use for which approval of a conditional has been granted 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 allowed by this chapter as a conditional 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.
§ 27-1312 Historic lands.
The Borough Council may modify the applicable provisions for expansion, enlargement or alteration of a nonconforming structure which has been designated as an historic landmark by the Pennsylvania Historical Commission or placed on the National Register of Historic Places or for which application for such designation or placement has been made, in order to achieve the goals of historic preservation and/or implement plans proposed for the preservation and economic reuse of the property.
§ 27-1313 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 use, structure or lot of record existing therein.