Tarentum City Zoning Code
ARTICLE XII
Nonconformities
§ 265-1201 Application.
Subject to the provisions of this section, a use of building or land existing at the time of the enactment of this chapter may be continued even though such use does not conform to the provisions of these regulations for the district in which it is located.
§ 265-1202 Unsafe structures.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building.
§ 265-1203 Restoration and regular maintenance.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, excepting demolition specified in § 265-1211, subsequent to the date of this chapter, nor shall it prevent the regular maintenance of a nonconforming structure including the replacement of a roof, exterior facade, windows, and other treatments.
§ 265-1204 Unlawful use.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 265-1205 Zoning district changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the following provisions shall apply to any nonconforming uses or structures existing therein.
§ 265-1206 Alterations and additions to nonconforming structures.
A.
A nonconforming structure may be increased in height not to exceed the maximum height of the respective district.
B.
A nonconforming structure may be expanded into a required yard as long as such expansion does not encroach further into the yard than at the time adoption of this chapter.
§ 265-1207 Nonconforming uses.
A nonconforming use shall not be extended, except as authorized by special exception pursuant to § 265-1405. The extension of a lawful or conforming use to any portion of a nonconforming building or structure that existed prior to the enactment of this chapter shall not be deemed an extension of a nonconforming use.
§ 265-1208 Change of nonconforming use.
No nonconforming building, structure, or use shall be changed to another nonconforming use unless approved by the Zoning Hearing Board as a special exception pursuant to § 265-1405.
§ 265-1209 Abandonment.
A nonconforming use of a building or land that has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned as follows:
A.
When the intent of the owner to discontinue the use is apparent; or
B.
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use; or
C.
When a nonconforming use has been discontinued for a period of one year; or
D.
When it has been replaced by a conforming use; or
E.
When it has been changed to another use under approval by the Zoning Hearing Board.
§ 265-1210 Construction approved prior to chapter adoption or amendment.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit.
§ 265-1211 Reconstruction of demolished structures.
A.
Any nonconforming structure demolished within the Borough may be reconstructed within 18 months after the date on which demolition commenced as per approved demolition permit required by the Pennsylvania Uniform Construction Code or the date on which destruction occurred by act of God, fire, vandalism, or accident.
B.
The nonconforming structure may be reconstructed in a manner that maintains, but does not increase, those legal nonconformities associated with the structure. The structure shall then continue to be classified as a nonconforming structure and all standards and exceptions granted to such structures by this chapter shall remain in full effect.
§ 265-1212 Signs.
Any nonconforming sign removed, whether by act of God, vandalism, accident, or voluntarily, if replaced, shall be subject to all existing standards of this chapter.
§ 265-1213 Parking.
When an existing single-family detached dwelling is converted to a duplex dwelling where authorized by this chapter, off-street parking required for both units shall be provided and no credit for nonconforming deficiency of off-street parking shall be given for the existing single-family detached dwelling unit.
§ 265-1214 Nonconforming lots.
A.
Nonconforming lots shall be considered lawful if shown by a recorded plat or deed in a manner not prohibited by zoning provisions in effect at the time of recording, provided that such have not been subsequently consolidated by recorded subdivision or deed.
B.
Nonconforming structures on nonconforming lots may be repaired or expanded in accordance with this article provided that no further nonconformities are created beyond those otherwise permitted by this article such as expansion into required yards.
C.
Construction of principal structures on such lots shall be in compliance with the existing standards of this chapter with the following exception. Construction of a single-family dwelling or a duplex dwelling on a nonconforming lot may encroach into required side yard setbacks if approved by conditional use from Borough Council with the following standards:
(1)
The required side yard or yards shall not be reduced to less than two feet.
(2)
The approved side yard shall be within the general character of the block on which the nonconforming lot is located with respect to typical spacing between dwelling units and typical location of structures in relation to the side lot lines.
(3)
Where a duplex dwelling is constructed with reduced setbacks, the location of the structure shall permit the provision of parking otherwise required by this chapter.
§ 265-1215 Historically designated structures.
Historically designated structures are exempt from applicable provisions for nonconformities.
