Monaca City Zoning Code
ARTICLE X
Nonconforming Uses and Structures
§ 245-63 Definitions.
See Article I of this this chapter.
§ 245-64 Applicability.
A nonconforming use may continue, be bought or sold, altered, restored or extended subject to the provisions of this article even though such use does not conform to the regulations established for that zoning district in which it is located. However, one nonconforming use cannot be changed to another type of nonconforming use.
§ 245-65 Restoration of unsafe structures.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
§ 245-66 Alterations to nonconforming structures.
A.
A nonconforming structure may be enlarged or structurally altered, provided the enlargement or alteration does not increase the existing nonconformity such as encroaching further into a required yard setback than the existing nonconforming structure does, and further provided that no new nonconformities are created. All other alterations or enlargements shall require review by the Zoning Hearing Board and, after public hearing, the Zoning Hearing Board may determine undue hardship and may authorize a variance for the reasonable alteration or enlargement of such structure.
B.
Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of advertising panels shall be permitted.
§ 245-67 Restoration.
Any nonconforming structure or any structure housing a nonconforming use that is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before the damage occurred if such reconstruction is undertaken within 12 months of such casualty, and if the restored structure has no greater lot coverage and contains a cubic content no greater than before such casualty.
§ 245-68 Extensions.
A.
A nonconforming use may be extended as a special exception upon approval through application of the Zoning Hearing Board, subject to the following:
(1)
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2)
The extension does not encroach upon the maximum building height or yard setback requirements of the district in which the nonconforming use is presently located.
(3)
The extension is for the purpose of expanding the nonconforming use in existence at the time of the legal acceptance of this chapter.
B.
Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed an extension of such nonconforming use.
§ 245-69 Change of nonconforming use.
A.
A nonconforming use shall not be changed to any use other than a conforming use, except when authorized as a use by special exception by the Zoning Hearing Board if the Board determines that the new nonconforming use will more closely correspond to the uses authorized in the district as permitted uses, uses by special exception or conditional uses and that the new nonconforming use will be in keeping with the character of the neighborhood in which it is located and will have an equal or lesser impact on the neighborhood than the existing nonconforming use.
B.
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use.
§ 245-70 Construction approved prior to legal enactment of standards.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a permit has been issued and the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground-story framework of which shall have been completed within four months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of legal enactment of this chapter.
§ 245-71 Abandonment.
The nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one of the following conditions exists:
A.
When the intent of the owner to discontinue the use is apparent.
B.
When the characteristic equipment and furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use.
C.
When a nonconforming use has been discontinued for a period of six months.
D.
When it has been replaced by a conforming use.
E.
When it has been changed to a use permitted as a special exception by the Zoning Hearing Board.
§ 245-72 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this chapter.
§ 245-73 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconforming use existing therein.
§ 245-74 Registration.
The Zoning Officer shall be responsible for preparing a list of all nonconforming uses existing at the time of the legal enactment of this chapter, and such list shall be maintained for public use and information.