Vandergrift City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 500-31 Application.
The provisions of this article shall apply to buildings, structures, signs, lands and uses which were legal prior to adoption of this chapter but which would not be permitted as the result of the application of this chapter to their location or use in the Borough or as the result of the adoption of amendments to this chapter after the initial passage. This article is concerned with properties of inadequate area and/or frontage, uses of land and/or structures for activities not permitted in the zone districts where such land and/or structures are located, and structures placed on a property too close to property boundary lines or too tall for compliance with standards of the zone district in which they are located.
§ 500-32 Nonconforming lots of record.
Such lots may be developed in accordance with § 500-16 of this chapter. Where dwellings are permitted, no more than one dwelling unit may be placed on or occupy a nonconforming lot.
§ 500-33 Nonconforming uses of lands and structures.
A.
Where at the effective date of adoption or amendment of this chapter a lawful use of land, or land and the structure or structures on it, exists and is made no longer permissible under the requirements of this chapter, as adopted or amended, such use may be continued indefinitely, so long as it remains otherwise lawful, provided the following conditions are applied.
(1)
No such nonconforming use shall be extended to occupy land beyond the limits of the lot containing the nonconforming use, even if adjacent lots are in the same ownership as the lot containing such use and are incidentally used for such use. However, within the limits of the lot containing the nonconforming use at the time of adoption of this chapter, or of an amendment creating the nonconformity, such use may be expanded to occupy an area of the lot not exceeding 25% of the area occupied by the nonconforming use prior to adoption, provided required setbacks from lot lines are maintained.
(2)
No structure or part of a structure containing a nonconforming use but capable of being enlarged without violating setback or height requirements in the zone district where it is located may be increased in volume more than 25% over the volume of such structure at the time of adoption of this chapter or subsequent amendment that made the use nonconforming. A nonconforming use which occupies part of a structure may be extended throughout the structure it occupied at the time of adoption of this chapter or subsequent amendments that made the use nonconforming, but the expansion under such circumstances may not be extended to occupy land or air space outside the original structure.
B.
If any such nonconforming use of land or use of land and structures in combination ceases or is abandoned for any reason, including destruction of buildings, for a period of at least one year, any subsequent use of such land, or land and structures in combination, shall conform to the regulations for the zone district where such land is located, except that, where a hardship to the owner or operator of the nonconforming use clearly exists as a result of financial, health or other calamity, the Zoning Hearing Board may grant an extension of the one-year limit consistent with the hardship, but for not more than six months.
C.
Assuming no structural alterations are made to the building containing a nonconforming use, the use may be changed to a second nonconforming use but only after an application has been filed with the Zoning Hearing Board and the Board concludes that the second use is more compatible with the uses permitted in the zone district than is the original nonconforming use.
D.
Each succeeding owner by purchase of a nonconforming commercial or industrial use shall secure an occupancy permit from the Zoning Officer, who may ask the Zoning Hearing Board for a decision if he has reason to doubt that the nonconforming use will be continued in the same manner as formerly or in a manner more compatible with the permitted uses in the zone district.
E.
The nonconforming use of a structure and/or land or combination of structure and land may be superseded by a use permitted in the zone district where the property is located, and the use of the premises shall thereafter conform to the regulations of the zone district.
F.
Where a nonconforming use of structure and premises exists in combination, the removal of the structure and/or use in the structure shall terminate the nonconforming use of the premises.
G.
The maintaining or strengthening to a safe condition of any nonconforming structure shall not be interpreted as being denied by any portion of this article.
§ 500-34 Nonconforming structures.
A.
Where a structure exists on a property at the effective date of this chapter or any amendment to it and does not conform to the requirements regarding height or minimum setbacks from adjacent streets or lot lines, such structure may remain indefinitely, subject to the following provisions:
(1)
No structure may be enlarged or altered in a way that creates a nonconformity or increases an existing nonconformity.
(2)
Any replacement of a nonconforming structure shall be made in compliance with the regulations governing development for the zone district in which the property is located, except that, if a hardship is alleged by the owner, he may request a variance of the Zoning Hearing Board, which may approve replacement on the same foundation that supported the structure to be replaced, but in no case a location that is less conforming than the original location.
B.
If a nonconforming structure is moved, it shall thereafter conform to setback requirements regarding location on the property or be so located as to be more conforming than before the move.
§ 500-35 Record of nonconforming uses.
A.
If directed by Borough Council, the Zoning Officer shall identify and register all uses of land and structures in Vandergrift Borough made nonconforming as a result of enactment of this chapter or any amendment thereto. The record shall indicate why the use was identified as nonconforming.
[Amended 11-5-1990 by Ord. No. 2-1990]
B.
The Zoning Officer shall keep the data current by the addition of nonconforming uses as amendments to this chapter are adopted and by the deletion of nonconforming uses as they are eliminated.
C.
The record may be kept by map or written documentation.
D.
Any property owner of a nonconforming use may request a certificate of nonconformance from the Zoning Officer, guaranteeing the owner the rights of this article. The Officer shall inspect the property and shall issue the certificate if he verifies a nonconformity exists. The certificate shall describe the nonconformity specifically. One copy of the certificate or letter of certification shall be retained in the Zoning Officer's file and one copy sent to the applicant.