Lower Burrell City Zoning Code
ARTICLE XVII
Nonconforming Uses and Structures
§ 300-138 Intent and purpose.
A.
Within the districts established by this chapter or amendments that may later be adopted, there may exist structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
B.
Although such uses are declared by this chapter to be incompatible with permitted uses in the districts involved, it is the intent of this chapter to permit such nonconformities to continue until they are removed. It is further the intent of this chapter that existing nonconformities shall not be used as justification for adding other structures or uses prohibited in the same district.
§ 300-139 Annexed areas; contested uses.
A.
Annexed areas. All land annexed to the City after the effective date of this chapter shall be classified automatically as being in an S or Conservancy District. The Planning Commission shall recommend to the Zoning Hearing Board appropriate zoning for the annexed area within not more than six months after the effective date of annexation. However, until Council has adopted a zoning district for the annexed area, the provisions of § 300-141C relative to nonconformity termination, shall not apply to such annexed area.
B.
Contested uses, areas and heights. All uses, areas and heights which require interpretation due to conflicting definitions or requirements in this chapter may be permitted or excluded under the maximum or more exclusive requirements and may be considered as nonconforming by the Board until such time as an interpretation is secured from the proper authority. Amendments in this chapter based on the maximum requirements shall control on an interim basis without amendment for successive six-month periods after adoption of this chapter at which time all amendments as applicable, shall be submitted to Council for approval. Amendments may be requested by the Board if the Board feels such are warranted at an earlier date.
§ 300-140 Nonconforming uses of land.
The lawful use of land or structures thereon existing at the time of the enactment of this chapter, or of an amendment thereto, not involving any principal and/or accessory structure, although such use does not conform to the provisions of this chapter, may be continued, provided that no such nonconforming use of land shall be in any way be expanded, extended or moved in whole or in part to any other lot of record or other portion of the lot of record. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
§ 300-141 Nonconforming uses of structures.
The lawful use of a structure existing at the time of the enactment of this chapter or of an amendment thereto, although such use does not conform to the provision of this article, may be continued and such use may be extended throughout the building; provided, that such extension of use does not displace a use conforming to the zoning district designated by this article, but not in violation of the area, height and yard requirements of the zoning district in which such structure or premises is located.
A.
In any zoning district, a lawful nonconforming use may be changed to a permitted use or a special exception for that zoning district, provided no structural alterations to the exterior are made other than those ordered by the Zoning Officer to assure the safety of the structure to those persons necessary to convert the structure to a conforming use as designated by this chapter.
B.
Any structure, or structure and land in combination, in or which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district in which the structure is located; and the nonconforming use may not thereafter be resumed.
C.
Whenever a nonconforming use of a structure or land, or a portion thereof, has been discontinued for a period of one year, it shall not again be used except in conformity with the regulations of the zoning district in which such structure is located.
D.
If no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use; provided, that the Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accord with the provisions of this article.
§ 300-142 Nonconforming structures; mobile homes.
A.
A structure or part of a structure lawfully existing at the time of the enactment of this chapter, or of an amendment thereto, although such structure does not conform to the lot and yard requirements of this chapter, may be continued in use, provided no structural alterations are made to the nonconforming portion of the structure other than those ordered by the Zoning Officer to assure the safety of the structure.
B.
Such nonconforming structures include, but are not limited to, nonconforming signs and mobile homes. The nonconforming use of a property for a mobile home may be continued, provided there is no change in ownership other than to a direct heir of such mobile home, no expansion or extension of such use, no additions of service utilities and no new foundation constructed. Whenever the nonconforming use of property for a mobile home has been discontinued for a period of at least one year, the use shall not thereafter be reestablished. (See § 300-140).
C.
A nonconforming structure which is nonconforming only because of failure to provide required automobile parking and off-street loading space shall have all the rights of a conforming use and structure. This provision, however, shall not be deemed to remove the obligation to provide required automobile parking and off-street loading space for the enlarged or changed portion of the use or structure at the time of such enlargement or change.[1]
§ 300-143 Reconstruction of damaged nonconforming structures.
A.
If a nonconforming structure is destroyed by any means to an extent of 60% or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. If so damaged to a greater extent, any new structure and its use shall conform to all requirements of this chapter, except that if a single-family residence located in any zoning district is damaged or destroyed, it may be reconstructed if such construction is performed within 12 months of such casualty.
B.
If a nonconforming structure is destroyed by any means to an extent of less than 60% of its replacement cost at time of destruction, a permit for its reconstruction shall be issued, provided application for a permit for such reconstruction is made within one year from the date of such destruction, and if the restored structure covers no greater area and contains no greater cubic content than before such casualty.
§ 300-144 Duration and registration.
A.
Duration. The Zoning Officer shall certify the existence of the nonconforming use, which may continue for 20 years from the date of such certification.
§ 300-145 Repairs and maintenance.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the official charged with protecting the public safety.
§ 300-146 Uses under special exception provisions.
Any use for which a special exception permit is granted in accordance with the provisions of this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such zoning district. Any use lawfully in existence on the effective date of this chapter which is located in a zoning district in which such use may be permitted as a special exception shall be considered a special exception and shall have the same rights and privileges of continuance, maintenance, enlargement and expansion that are permitted for a conforming use in the same zoning district; however, no accessory use shall be added or enlarged on a zoning lot where the principal use is itself a nonconforming use. (See § 300-128).
§ 300-147 Limited enlargement.
The extension of a nonconforming use or structure due to the normal growth of business shall be permitted. In any zoning district, the enlargement of a nonconforming commercial or industrial use or structure shall be restricted as follows:
A.
The gross floor area of the enlargement shall not exceed 100% of the ground floor area of the nonconforming structure or nonconforming portion thereof on the effective date of this section, or any amending ordinance which later makes such structure, or portion thereof, nonconforming.
B.
It shall be demonstrated to the satisfaction of the Zoning Hearing Board that such extension or enlargement is reasonably necessary at the concerned location because of normal growth of business and that it would be an unreasonable hardship on the applicant to provide for such business growth in a zoning district where the concerned use and structure are permitted.
C.
All other applicable regulations and requirements of this chapter shall be complied with.
D.
The Board shall impose such conditions and safeguards as it deems necessary in order to protect adjacent conforming uses and structures against the adverse effects of such nonconformity.
§ 300-148 Nonconforming lots of record.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter; provided, such lot was not created in violation of prior existing zoning and subdivision regulations. Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action of the Zoning Hearing Board. (See § 300-127).
§ 300-149 Exceptions for nonconforming residences.
Notwithstanding the provisions above, the following regulations shall apply to nonconforming residences located in any district:
A.
An existing residence may be extended to the rear, without requiring a variance, in spite of an existing side yard encroachment, provided the side yard encroachment is not increased.
B.
An existing structure which is destroyed by fire may be rebuilt on the same foundation and to the preexisting dimensions, even though there may be nonconforming uses relating to yard area, lot area or first floor area requirements.