Ohara Township City Zoning Code
ARTICLE XVII
Nonconforming Lots, Structures and Uses
§ 455-17.1 Intent and purpose.
A.
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, 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.
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with the permitted uses in the districts involved, it is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structure or uses prohibited elsewhere in the same district.
C.
A nonconforming structure use or lot shall not be extended or enlarged after passage of this chapter by the attachment of additional signs, or by the addition of other uses or structures prohibited in the district in which the nonconforming structures, use or lot is located.
§ 455-17.2 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 said 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 this 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.
§ 455-17.3 Nonconforming uses of land.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, except as set forth in Subsection E of this section.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter, except as set forth in Subsection E of this section.
C.
All supplemental regulations under this chapter shall be applicable to both conforming and nonconforming uses, and all uses shall comply therewith.
D.
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
E.
A nonconforming use may be expanded, extended or enlarged only upon receiving a special exception approval from the Zoning Hearing Board. The following standards shall apply to the special exception request:
(1)
No expansion, extension or enlargement may occur on a separate lot or a lot which was separate at the time the use became nonconforming.
(2)
No expansion, extension or enlargement may exceed 25% of any of the following: floor area; lot coverage; building volume; sales volume (measured in terms of customers served or quantity of merchandise sold, but not dollar volume). Said 25% is an aggregate number, and all expansions since the nonconforming use became nonconforming will be considered. In addition, the cost of the expansion, extension or enlargement may not exceed 50% of the current fair market value of the property in question (the current assessed value will be accepted for this purpose unless other evidence is offered).
(3)
All other requirements of the chapter must be met, including any required parking attributable to the expansion, extension or enlargement.
(5)
The Zoning Hearing Board may attach reasonable conditions to any grant of special exception, in addition to those expressed in this chapter, as it deems necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 455-17.4 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of reconstruction on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases its nonconformity.
B.
Should the nonconforming structure be damaged or destroyed by fire, wind, tornado, earthquake, flood or other natural disaster, such structure may be reconstructed, provided that the new structure may not increase the dimensional nonconformities of the previous structure (including but not limited to nonconformities related to building setbacks, lot coverage and height limitations) and that such rebuilding does not increase the intensity of use. In the event of arson or other willful destruction, reconstruction of nonconforming structures shall be prohibited if such casualty is traceable to the owner or their agent. Such instances shall result in the forfeiture of the nonconforming status, and must subsequently be brought within all the prevailing restrictions applied to the surrounding district.
C.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
§ 455-17.5 Nonconforming uses of structures.
If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located or except as set forth in § 455-17.3E.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C.
If no structural alterations are made, any nonconforming use of a structure or 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 chapter and as set forth in § 455-17.3E.
D.
Any structure or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for 12 consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
F.
Where no 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.
§ 455-17.6 Repairs and maintenance.
A.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
B.
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 any official charged with protecting the public safety, upon order of such official.
§ 455-17.7 Nonconforming residences.
Notwithstanding the provisions above, the following special regulations shall apply to nonconforming residences located in any residential district or conservation district:
A.
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.
B.
In any recorded plan where the existing front yard depth is less than provided for, the minimum front yard depth shall be in conformance with the existing yards at the time of reconstruction.