Munhall City Zoning Code
ARTICLE XI
Nonconforming Lots, Structures and Uses
§ 440-68 Regulation of nonconforming lots, structures and uses.
Lots, structures and uses of land which were both lawful and existing prior to the adoption of this chapter, but which are restricted or prohibited by this chapter, its successors or any amendments, are permitted to remain and continue, subject to the following regulations:
A.
The owner of any legal nonconforming lot, structure or use made nonconforming by the enactment of this chapter or any preceding zoning ordinance shall register such legal nonconforming lot, structure or use with the Zoning Officer. In addition, the owner of record of any nonconformance shall provide, upon request, information required by the Zoning Officer which is deemed necessary by the Borough to ascertain the extent of the nonconformity and/or its legality.
B.
Upon the change of a legal nonconformance to a conforming lot, structure or use or in the event of a lapse or destruction of a legal nonconformance, the owner may request that the lot, structure or use be deleted from the list of legal nonconformances.
§ 440-69 Nonconforming lots of record.
A.
Residential lots. In any use district in which residences are listed as a permitted use, a single-family dwelling and its normally permitted accessory buildings may be erected on any nonconforming single lot of record where no conforming, permitted principal structure can otherwise be erected.
B.
Separate ownership.
(1)
Any such nonconforming lot of record must, however, be under separate ownership from adjoining lots and must not have continuous frontage with other lots under the same ownership.
(2)
Any such nonconforming lot which is owned by the same owner or a predecessor in title as an adjoining lot] shall not be considered a separate buildable zoning lot under this section.
C.
Conformance. Except for the lot size (area) requirement, any single-family dwelling on a nonconforming lot of record under this section shall otherwise conform to all applicable bulk, area and use regulations, unless a variance is requested and granted in accordance with this chapter.
§ 440-70 Nonconforming uses of land.
A.
Expansion. No nonconforming use of land shall be enlarged, increased, expanded or changed in any manner unless first approved by the Board. Any such approved enlargement, expansion, increase or change in use shall be subject to the following specific criteria:
(1)
The nonconforming use may only be changed to a use of equal or more-restrictive use.
(2)
When a nonconforming use is changed to a more-restrictive use, any such use shall not thereafter be changed to a less-restrictive use.
(3)
The use may be continued only as long as the structure remains in use.
(4)
All technical advances which are known to be available pertaining to the particular nonconforming use shall be required so as to minimize the detrimental effect of such use on adjacent structures and uses.
(5)
In no case shall any approved expansion exceed 25% of the existing gross floor area of the structure which is currently used for the nonconforming use.
(6)
The entire structure, after renovation, shall comply with all building, housing and health ordinances and any other relevant local, state or federal regulations.
B.
Continuation. Any legal nonconforming use of land shall be permitted to continue, including subsequent sales of the property for the identical existing legally nonconforming use.
C.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months or more, the legally nonconforming status shall have automatically been extinguished. Subsequent uses of the property shall be in full compliance with this chapter.
§ 440-71 Nonconforming structures.
A.
Expansion. No nonconforming structure shall be enlarged, increased, expanded or changed in any manner unless approval is requested and granted by the Board in accordance with this chapter.
B.
Continuation. Any legal nonconforming structure shall be permitted to continue, including subsequent sales of the property.
C.
Moving. No nonconforming structure shall be moved, in whole or in part, to another location on the lot or anywhere else in the Borough unless every portion of said structure shall be brought into full compliance with the provisions of this chapter.
D.
Damage or destruction. Should any such nonconforming structure be destroyed by any means to an extent of more than 50% of its fair market value (at the time of destruction), it shall not be reconstructed except in full compliance with the provisions of this chapter.
E.
Repairs or maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoration for health or safety reasons of any structure or part thereof declared to be unhealthy or unsafe by any official charged with protecting the public health or safety upon the order of such official.