Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1284
Nonconforming Uses
§ 1284.01 Regulation of Nonconforming Lots, Structures, Signs and Uses.
[Ord. 2121, passed 11-9-1992]
Lots, structures, signs and uses of land which are lawful and pre-existing, but which are restricted or prohibited by this Zoning Code, its successors or any amendments, are permitted to remain and continue, subject to the following regulations:
(a)
The owner of any nonconforming lot, structure, sign or use, made nonconforming by the enactment of this Zoning Code, or any preceding zoning ordinance, must register such nonconforming lot, structure, sign or use with the Department of Code Enforcement. In addition, the owner of any nonconformance shall provide, upon request, information required by the Code Enforcement Officer, which is deemed necessary to ascertain the extent of the non-conformity.
(b)
Upon the change of a nonconformance to a conforming use, or in the event of a lapse or destruction of a nonconformance, the owner of such use can request that the use be deleted from the list of nonconformances.
§ 1284.02 Nonconforming Lot of Record.
[Ord. 2121, passed 11-9-1992]
In any residential district, a single-family dwelling and normally permitted accessory buildings may be erected on any nonconforming single lot of record where no conforming, permitted structure and use can be erected. The erection of a nonconforming single-family dwelling is permitted upon or after the effective date of this Zoning Code, notwithstanding other limitations imposed by other provisions of this Zoning Code.
Such nonconforming lot of record must be of separate ownership from adjoining lots and must not have contiguous frontage with other lots under the same ownership.
Except for lot size, any single-family dwelling on a nonconforming lot of record must conform to all other applicable area and use regulations, unless a variance is requested and granted in accordance with this Zoning Code.
§ 1284.03 Nonconforming Uses of Land.
[Ord. 2121, passed 11-9-1992]
(a)
Alteration or Enlargement Prohibited. No nonconforming use of land shall be enlarged, increased, expanded, or changed in any manner unless a variance is requested and granted in accordance with this Zoning Code.
(b)
Continuation. Any nonconforming use of land is permitted to continue as long as the use is still a lawful, identical, existing nonconforming use.
(c)
Discontinuance. A nonconforming use, if operations of the use shall cease, or if any structures are abandoned, for 12 consecutive months, shall be deemed to be extinguished. Subsequent uses of such property shall be in accordance with this Zoning Code.
§ 1284.04 Nonconforming Structures and Signs.
[Ord. 2121, passed 11-9-1992; Ord. 2420, passed 5-3-2004]
(a)
Alteration or Enlargement Prohibited. No nonconforming structure or sign shall be enlarged, increased, expanded or changed in any manner unless a variance is requested and granted in accordance with this Zoning Code.
Exception: The Department of Planning and Economic Development may grant a variance administratively for the replacement of nonconforming residential structures and commercial signs, provided that the replacement does not increase the extent of nonconformity. In granting this variance the Department of Planning and Economic Development may impose whatever conditions on the landowner that may be necessary to protect adjacent properties and/or the integrity of this Zoning Code.
(b)
Continuation. Any nonconforming use or a structure or sign is permitted to continue as long as the use is still lawful, including subsequent sales of the property for the identical, existing uses.
(c)
Moving of Structure or Sign. No nonconforming structure or sign shall be moved in whole or in part to another location on the lot unless every portion of said structure or sign shall conform with the provisions of this Zoning Code.
(d)
Damage or Destruction. Should a nonconforming structure or sign be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.
(e)
Repairs or Maintenance. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoration for safety reasons of any structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon the order of such official.
§ 1284.05 Determination of Replacement Cost.
[Ord. 2121, passed 11-9-1992]
(a)
The Code Enforcement Officer shall, within 30 days of such request, determine in a written report the replacement cost of a destroyed or damaged nonconforming structure or sign.