Pleasant Hills City Zoning Code
ARTICLE XX
Nonconforming Uses and Structures
§ 374-93 Applicability.
The provisions of this article affecting the nonconforming uses of land and buildings and nonconforming structures cited herein shall apply under the provisions of this chapter as enacted initially, to amendments to this chapter and to zoning or rezoning of areas annexed to the Borough.
§ 374-94 Nonconforming structures.
The following regulations shall apply to nonconforming structures in any zoning district:
A.
Structural alteration. No such structure may be enlarged or structurally altered in a way which increases its nonconformity, except when the Zoning Hearing Board may determine undue hardship and may authorize a reasonable modification of such structure.
B.
Damage or destruction. Should any such structure, other than a sign, be destroyed by any means to an extent of more than 75% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. In the event that such damage or destruction is 75% or less than the replacement cost of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 12 months of the date of destruction.
C.
Moving. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the requirements of the zoning district in which it is located.
D.
Signs. Nonconforming signs may be repaired or reconstructed, subject to the following regulations and provided that no structural alterations are made which increase the gross surface area of the sign.
(1)
Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of the panels which display the advertising shall be permitted.
(2)
A nonconforming sign which is damaged to the extent of 50% or more of its replacement value shall not be repaired, reconstructed or moved unless it complies with all applicable provisions of this chapter for signs.
(3)
No new conforming business identification sign shall be permitted on any property unless every sign on the property is in conformance with the provisions of this chapter; provided, however, that on lots containing several tenants, a nonconforming sign of one tenant shall not preclude another tenant from erecting a conforming sign.
E.
Repair or maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the safety of the public.
§ 374-95 Nonconforming lots and/or structures.
The following regulations shall apply to nonconforming uses of structures or lots or structures and lots in combination in any zoning district.
A.
Continuation. Where, at the effective date of adoption or amendment of this chapter, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued as long as it remains otherwise lawful.
B.
Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall be enlarged or increased or extended to occupy a greater area than was occupied at the effective date of adoption or amendment of this chapter, unless the Zoning Hearing Board shall interpret that the enlargement or extension is necessitated by the natural expansion and growth of trade of the nonconforming use.
(2)
No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout any part of a structure which was manifestly arranged or designed for such use at the time that the use became nonconforming, provided that the structure is located on a lot or portion of a lot owned at the time the use became nonconforming.
C.
Change of use. Any change in the use of a nonconforming use of a lot or structure shall be only to a use permitted within the district in which the lot or structure is located, unless the Zoning Hearing Board determines that a change to another nonconforming use is equally appropriate to the district or more appropriate to the district than the existing nonconforming use. Once changed to a conforming use, however, no structure or land shall be permitted to revert to a nonconforming use.
D.
Abandonment. When a nonconforming use of a structure and/or lot is discontinued or abandoned for six consecutive months or for 12 months during any two-year period, the structure and/or lot shall not hereafter be used, except in conformance with the regulations of the zoning district in which it is located.