Mount Lebanon Township
City Zoning Code
City Zoning Code
PART 9
NONCONFORMITIES
§ 20-901 Purpose.
The purpose of this Section is to regulate Nonconforming Uses, Nonconforming Buildings and Structures, Nonconforming Lots and Nonconforming Signs. The zoning districts established by this chapter are designed to guide the future use of the Municipality’s land by encouraging the development of desirable residential, commercial, and other Uses with appropriate groupings of compatible and related Uses to promote and protect the public health, safety and general welfare. The regulations of this Section are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.
§ 20-902 Nonconforming Use.
902.1.
Continuation of Nonconforming Use. Any lawfully existing Nonconforming Use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this Section. Ordinary repair and maintenance or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed.
902.2.
Structural Alteration or Enlargement of Nonconforming Use. No Structure containing a Nonconforming Use shall be structurally altered or enlarged unless the Use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, Yard, space, or bulk nonconformity may be created or increased.
902.3.
Change of Nonconforming Use to Conforming.
902.3.1.
Whenever any Nonconforming Use shall have been changed or altered so as to conform to the provisions of this chapter or its amendments, then such Nonconforming Use shall no longer be nonconforming to the extent to which it then conforms to this chapter or its amendments.
902.3.2.
The prior Nonconforming Use shall not be resumed, provided, however, that if a later amendment to this chapter should make the Use as so changed or altered nonconforming with its provisions then such Use as changed or altered shall become a new Nonconforming Use to the extent of such non-conformance or noncompliance.
902.4.
Expansion or Extension of Nonconforming Use.
902.4.1.
No Nonconforming Use may be extended or expanded in any Building or Structure, or in or on the Lot on which it is located, nor may any Nonconforming Use be moved to a different position upon the Lot on which it is located, so as to alter the Use or its location which existed at the time that the Use became nonconforming.
902.4.2.
Any person desiring to make any such change or Alteration, or Structural Alteration of a Nonconforming Use shall apply for a Variance from the provisions of this chapter in accordance with applicable laws and ordinances. Any such change or Alteration in Use shall be made only after authorization by the Zoning Hearing Board and in accordance with such reasonable conditions and safeguards as may be imposed by the Zoning Hearing Board, provided, that no Variance may be applied for or obtained under §20-1005 which would displace any Residential Use if the Building, Structure or Lot is located in a residential district.
902.4.3.
A Variance may not be granted under this Section which would extend a Nonconforming Use beyond the area of a Lot which was in existence at the time such Use became nonconforming, nor may a Variance be granted to increase the area of a Lot covered by such Nonconforming Use unless the Zoning Hearing Board shall make a finding that such expansion was within the contemplation of the Owner of the Lot at the time the Use became nonconforming, in addition to the other findings necessary for the granting of a Variance.
902.5.
Abandonment or Discontinuance of Nonconforming Uses.
902.5.1.
In the event that any conforming use or a Building or Structure containing a Nonconforming Use, in or on the land, or within a Building or Structure or portion thereof, is abandoned or ceases, such Nonconforming Use shall not be resumed. A Nonconforming Use shall be presumed abandoned when one of the following conditions exists:
902.5.1.1.
When the characteristic equipment and furnishings of the Nonconforming Use have been removed from the Premises and have not been replaced by similar equipment within one year unless other facts show intention to resume the Nonconforming Use.
902.5.1.2.
When a Nonconforming Use has been discontinued for a period of one year.
902.5.1.3.
When a Nonconforming Use has been replaced by a conforming use.
902.5.1.4.
When a Nonconforming Use has been changed in accordance with this part.
902.5.2.
Any subsequent Use thereof shall conform to the applicable provisions of this chapter or its amendments and the prior Nonconforming Use shall not be resumed, unless in accordance with the applicable provisions of this chapter or its amendments.
902.5.3.
Nothing in this part shall prevent the strengthening or restoring to a safe condition of any portion of a Building that is declared unsafe by a proper authority.
902.5.4.
Nothing in this part shall be interpreted as authorization for the continuation of the illegal use of a Structure or Premises or construction of a Structure or Building in violation of zoning regulations in existence at the time of enactment of this Part.
902.6.
Nonconforming Accessory Uses and Structures. No Use, Structure or Sign that is accessory to a principal Nonconforming Use shall continue after such Principal Use or Structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
§ 20-903 Nonconforming Buildings or Structures.
903.1.
Continuation of Nonconforming Buildings or Structures. Any Nonconforming Building or Structure which is devoted to a Use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this Section.
903.2.
Structural Alteration or Enlargement of Nonconforming Buildings or Structures. No Building or Structure containing a Nonconforming Use shall be structurally altered or enlarged unless the Use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, Yard, space, or bulk nonconformity may be created or increased.
903.3.
Change to Nonconforming Buildings or Structures to Conforming.
903.3.1.
Whenever any Nonconforming Building or Structure shall have been changed or altered to conform to the provisions of this chapter or its amendments in effect at the time of such change or Alteration, or whenever any amendment to this chapter shall make such Building or Structure conforming with the provisions of this chapter or its amendments, then such Building or Structure shall remain in conformance with the applicable provisions of this chapter or its amendments.
903.3.2.
If a later amendment to this chapter should make the Building or Structure as changed or altered nonconforming with its provisions, then the Building or Structure as changed or altered will become a Nonconforming Building or Structure to the extent of such nonconformance or noncompliance.
903.4.
Expansion or Extension of Nonconforming Buildings or Structures.
903.4.1.
A Nonconforming Building or Structure may not be expanded, extended, or increased in size in any manner except pursuant to a Variance obtained from the Zoning Hearing Board in accordance with applicable laws and ordinances and such reasonable conditions and safeguards as may be imposed by the Zoning Hearing Board.
903.4.2.
For Dwellings, if the reason for the existing nonconformity consists only of a dimensional nonconformity of Required Yards, then expansion may occur without a Variance if such expansion, extension, or other increase in size in itself does not: (i) increase the dimensional nonconformity nor (ii) extend it into new area. In addition, the expansion must conform with all applicable ordinances and laws, provided that there shall not be a reduction of the total Side Yard requirement for new construction.
903.5.
Repairs, Renovation and Modernization of Nonconforming Buildings or Structures.
903.5.1.
Repairs, renovations and modernization of Nonconforming Buildings or Structures, such as renewal or replacement of outer surfaces, windows, addition of soundproofing materials, air conditioning and repair or replacement of structural parts or members of the Building or Structure shall be permitted notwithstanding other provisions of this chapter.
903.5.2.
On Nonconforming Buildings and Structures, enclosing a porch in a Required Side Yard shall be allowed, provided the Side Yard does not abut a Street and the enclosure does not result in any increase in the horizontal or vertical dimensions of the porch.
903.5.3.
Such repairs, renovations or modernization are allowed provided they do not change or alter substantially the physical configuration of the Nonconforming Building or Structure or change its position on the ground.
903.5.4.
No increase in the size of or area covered by the Nonconforming Use or area of the Use within the Building or Structure is allowed.
903.5.5.
The areas of Nonconforming Use within a Building or Structure may be rearranged in connection with such repairs, renovation or modernization provided no Enlargement or expansion of the Nonconforming Use occurs.
903.6.
Reconstruction of Nonconforming Buildings or Structures.
903.6.1.
In the event that any Nonconforming Building or Structure is destroyed or partially destroyed by fire, explosion or other cause, the Nonconforming Building or Structure may be reconstructed, and the Nonconforming Use thereof continued if the reconstruction is commenced within one year of the date of destruction or damage.
903.6.2.
The reconstruction the said Building or Structure shall not exceed the size of the Nonconforming Building or Structure destroyed or damaged and shall be placed in the same location on the ground as the Nonconforming Building or Structure destroyed or damaged.
903.6.3.
The Nonconforming Use thereof shall not differ from that existing prior to such damage or destruction unless a Variance is applied for and obtained under this chapter, except that the repair, renovation and modernization of such Nonconforming Building or Structure authorized by §20-1005 of this chapter shall nevertheless be permitted.
903.6.4.
Any such reconstruction shall be subject to and in accordance with any applicable building, electrical, fire and plumbing codes, safety regulations or other regulations or laws.
903.6.5.
If reconstruction does not commence within one year after the occurrence of the damage or destruction, or is not thereafter diligently completed, then any Use, Building or Structure on the Lot shall conform to the provisions of this chapter.
903.7.
Flood-prone Areas with Nonconforming Buildings or Structures. Structures existing in any identified Flood-prone Areas prior to the enactment of Flood Plain provisions (September 9, 2014), but which are not in compliance with these provisions, may continue to remain provided any modification, Alteration, structural Alteration, reconstruction, or improvement of any kind to an existing Structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or Flood-proofed to the greatest extent possible.
§ 20-904 Nonconforming Lots of Record.
904.1.
In any district in which Single-family Dwellings are a Use by Right, notwithstanding the regulations imposed by any other provisions of this chapter, a Single-family Detached Dwelling which complies with the Yard, space, and bulk requirements of the district in which it is located may be erected on a Nonconforming Lot adjacent to an improved Street.
904.2.
In any district in which Single-Family Dwellings are not permitted, a Nonconforming Lot of Record may be used for any Use by Right in the district in which it is located if Site Plan approval is granted in accordance with the provisions of this chapter.
§ 20-905 Nonconforming Sign.
905.1.
Subject to the limitations and termination provisions hereinafter set forth, any lawfully existing Nonconforming Sign may be continued so long as it otherwise remains lawful after the effective date of this chapter:
905.1.1.
Alteration or Moving. A Nonconforming Sign of any type shall not be moved to another position or location upon the Building, Structure or Lot on which it is located, nor shall the size or area of such Nonconforming Sign be changed, or its Structure or construction changed.
905.1.2.
Damage, Destruction or Replacement. Whenever any Nonconforming Sign has been damaged or destroyed by any means to the extent of 50% of its market value at the time of destruction or damage, such Sign shall not be restored or replaced, unless it conforms to all provisions of this ordinance.
905.1.3.
Discontinuance. If use of a Nonconforming Sign is discontinued for a continuous period of more than one year, then such Nonconforming Sign together with its panel cabinet, supports, braces, anchors, and electrical equipment shall be removed within 14 days from the end of the aforesaid one-year period and the use of such Sign shall not be resumed except in accordance with the provisions of this chapter.