Straban Township City Zoning Code
ARTICLE V
Nonconformities
§ 140-24 Nonconforming structures.
A.
Continuation. Any nonconforming structure existing on the effective date of this chapter or created by an amendment to this chapter may continue, although such structure does not conform to the dimensional requirements of this chapter.
B.
Restoration. A nonconforming structure which has been damaged or destroyed by fire, explosion, windstorm or other natural or criminal acts shall meet the following restoration requirements:
(1)
The restored structure shall not exceed the height, area and volume of the original damaged structure.
(2)
The restoration of the structure shall commence within one year following the settlement of all claims or, if no claims exist, from the date the structure was damaged and shall continue uninterrupted, otherwise the nonconforming-structure status shall be void.
C.
Demolition. In the event any nonconforming building is destroyed or partially destroyed and the owner has determined reconstruction/restoration to be infeasible, the owner will be responsible for the complete removal of the structure and debris as well as the filling of any excavated areas.
D.
Extension or alteration. The following requirements shall apply to the extension or alteration of structures:
(1)
A nonconforming structure may be extended or altered, provided the extension or alteration conforms to all dimensional requirements and all other applicable regulations of this chapter.
(2)
The following exception shall apply to side yard and rear yard setbacks. Where a structure is nonconforming as to a required side yard or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project further into any yard than the extension of the original building line.
§ 140-25 Nonconforming lots.
A.
Continuation. Any nonconforming lot, due to its lot area or lot width, existing as of the effective date of this chapter or created by an amendment to this chapter may be continued, although such lot does not conform to the lot requirements for the district in which it is located.
B.
Development. The following requirements apply to the development and use of the nonconforming lot. All the requirements of this chapter shall be met, with the exception of lot area and lot width. Furthermore, no lot shall be developed unless the following requirements are met:
(1)
Each lot shall have an approved on-lot wastewater system and replacement system or access to public sewer.
(2)
Public water or an on-lot water well shall be provided. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between the well and the on-lot wastewater system shall be provided.
§ 140-26 Nonconforming uses.
A.
Continuation. Any nonconforming use existing on the effective date of this chapter or created by an amendment to this chapter may be continued, although such use does not conform to the provisions of this chapter. Change in ownership or possession of the use or property shall not prevent the continuance of the nonconforming use.
B.
Extension. Extension of the nonconforming use shall be approved by the Zoning Hearing Board as a special exception, subject to the following standards and the provisions of § 140-61E of this chapter:
(1)
Extensions shall be limited to the lot containing the use at the time the use became nonconforming.
(2)
The extension of the nonconforming use shall not replace a conforming use.
(3)
The extension shall conform to the requirements of the underlying district and applicable supplementary regulations, including, but not limited to, lot, building, setback, coverage, buffering, height, parking and sign requirements.
(4)
The volume and area devoted to the extension shall meet the requirements set forth below:
(a)
The extension of nonconforming uses within an existing structure, or the extension of nonconforming uses to other structures on the site or to additions to the existing structure or structures shall in the aggregate be limited as follows:
[Amended 6-7-2010 by Ord. No. 2010-01]
[1]
Fifty percent of the original volume or area of the nonconforming use in the EC-1 and EC-2 Zoning Districts.
[2]
Twenty percent of the original volume or area of the nonconforming use in all other zoning districts.
[3]
The "original volume or area" is the volume or area devoted to the use as it existed on the date such use became nonconforming.
(b)
Land operations which are nonconforming uses (e.g., mineral recovery operations, agriculture activities, junkyards, and landfills) may be extended greater than 20% upon the approval of the Zoning Hearing Board.
C.
Change of use. The following regulations shall apply to the change of nonconforming uses:
(1)
A nonconforming use changed to a conforming use shall not be permitted to be changed back to a nonconforming use.
(2)
A nonconforming use shall be permitted to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 140-61E of this chapter and the following standards:
(a)
The applicant shall show that the nonconforming use cannot be changed reasonably to a permitted use.
(b)
The applicant shall demonstrate that the change will be less objectionable in external effects than the existing nonconforming use, including, but not limited to:
(c)
The applicant shall demonstrate that the change will meet other requirements of this chapter, including parking and loading, buffering and signage.
D.
Abandonment, discontinuance and delinquency.
(1)
A nonconforming use shall not be reestablished if such use has been discontinued for any reason for a period of one year or more (except in cases where the discontinuance was caused by circumstances beyond the control of the owner) or if such use has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
(2)
A nonconforming use shall not be restored, other than in the case where a nonconforming use sustained considerable damage from any cause, unless restoration is initiated within one year of such damage. If restoration of such building is not initiated and/or completed within one year of such damage, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is or has been carried on without interruption in an undamaged portion of such building.
§ 140-27 Certificate of nonconformance.
A.
An application for a certificate of nonconformance may be made to the Township by the owner of any nonconformity, with the assistance of the Zoning Officer, as of the effective date of this chapter or as of the effective date of an amendment creating the nonconformity.
B.
For previously unregistered nonconformities, the Zoning Officer shall provide the property owner with an application for a certificate of nonconformance at the time such nonconformity is discovered.
C.
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property as of the effective date of this chapter or as of the effective date of an amendment creating the nonconformity.
D.
The Township shall retain a copy of the certificate of nonconformance.
E.
The Zoning Officer's fee for assistance shall be in accordance with a fee schedule established by the Straban Township Board of Supervisors.
F.
The Zoning Officer shall investigate the content of any application for registration of nonconformity. If the Zoning Officer is able to verify the existence of the nonconformity at the time that the land, use, and/or structure became a nonconformity, he shall issue a certificate of nonconformity. Otherwise, the Zoning Officer shall deny the application and advise the applicant of that decision, and of the applicant's right to appeal that decision to the Zoning Hearing Board.