Kittanning City Zoning Code
ARTICLE VII
Nonconforming Uses and Buildings
§ 550-46 Continuation of use.
A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article.
§ 550-47 Regulation of nonconforming uses.
[Amended 4-7-1967 by Ord. No. 59-1967]
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law or order and as follows:
A.
Restoration. Any nonconforming building or structure damaged less than 50% of its then-existing floor area may be restored, reconstructed or used as before, provided that the volume of such use, building or structure shall not exceed the volume which existed prior to such damage, or as provided under § 550-49 hereof, and that it be completed within one year of such happening.
B.
Displacement. A nonconforming use shall not be extended to displace a conforming use.
C.
Change of use.
(1)
A nonconforming use or structure shall not be changed into a use which is first permitted in a less restrictive zoning district, except as follows:
(a)
In the case of existing buildings so designed and constructed to accommodate a use which becomes nonconforming upon the adoption of this chapter, such use may be continued. If the present use is discontinued, the building may be reused for the same or similar type of operation or for a use permitted in the zoning district in which it is located. In the case of vacant nonconforming buildings, such buildings or portions thereof may be reused or reoccupied for the same or similar type of occupancy for which it was built or for a use permitted in the zoning district in which it is located. In the event of abandonment or destruction of such buildings in this section, the provisions of § 550-48 shall apply.
(2)
A nonconforming use may be changed into a conforming use.
(3)
A nonconforming use which is not permitted in any district or which is permitted only as a special use may only be changed into a conforming one.
(4)
When a nonconforming use shall be changed in accordance with the provisions hereof, the use of the building or other structure or tract of land shall not thereafter be changed again except in accordance with these regulations.
D.
Repairs.
(1)
Normal maintenance and repairs and incidental alteration of a building or other structure containing a nonconforming use is permitted.
(2)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
E.
Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which had been duly granted and the construction of which shall have been started before the date of adoption of this chapter or any applicable amendment thereto, or within six months thereafter, and the ground-story framework of which, including the second tier of beams, shall have been completed within 14 months of the date of the permit, and which entire building shall have been completed according to such plans as have been filed within one year of the date of the adoption of this chapter or any applicable amendment thereto.
§ 550-48 Termination of nonconforming uses.
A.
Abandonment.
[Amended 4-10-1989 by Ord. No. 332-1989]
(1)
The discontinuance of a nonconforming use for a period of one year and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived, except as hereinafter provided in Subsection A(2);
(2)
In the event of abandonment of a nonconforming use pursuant to Subsection A(1) hereinabove, in a "store-front building," in any zoning district except an R-1 District, a special use may be permitted at the discretion of the Zoning Hearing Board, subject to the criteria set forth in Article V, § 550-40, hereinabove (other than § 550-40A), after review by the Planning Commission pursuant to Article IX, § 550-56B, hereinafter, for the same and similar type occupancy for which said building was constructed or remodeled prior to such abandonment. A "store-front" building is one designed or remodeled to accommodate a neighborhood retail grocery, confectionary or similar store or snack bar. The procedure for authorization of this special use shall be identical to the procedure for authorization of any special use set forth in Schedule I.[1]
[1]
Editor's Note: See § 550-21.
B.
Partial destruction. When 50% or more of the existing floor area or volume of a nonconforming building or structure or use of land is destroyed by fire or other casualty or act of God, the use of such building, structure, or land as a nonconforming use shall thereafter be terminated.
§ 550-49 Expansion.
A nonconforming use or structure may be expanded up to a volume which shall not exceed 50% of its volume as it exists at the time of adoption of this chapter. No such use shall be expanded, however, into a more restrictive district than where it is located; and no such use shall be permitted to expand except in accordance with all of the building regulations contained herein.