West Homestead City Zoning Code
PART 14
NON-CONFORMING LOTS, STRUCTURES AND USES
§ 27-1401 Regulation or Non-Conforming Lots, Structures and Uses.
[Ord. 560, 6/11/1996, Art. XIV, § 1]
1.
Lots, structures and uses of land which were both lawful and existing prior to the adoption of this chapter, but which are restricted or prohibited by this chapter, its successors or any amendments, are permitted to remain and continue, subject to the following regulations:
A.
The owner of any legal non-conforming lot, structure or use, made nonconforming by the enactment of this chapter, or any preceding Zoning Ordinance, shall register such legal non-conforming lot, structure or use with the Zoning Officer. In addition, the owner of record of any non-conformance shall provide, upon request, information required by the Zoning Officer, which is deemed necessary by the Borough to ascertain the extent of the non-conformity and/or its legality.
B.
Upon the change of a legal non-conformance to a conforming lot, structure, or use, or in the event of a lapse or destruction of a legal non-conformance, the owner may request that the lot, structure, or use be deleted from the list of legal non-conformance.
§ 27-1402 Non-Conforming Lot of Record.
[Ord. 560, 6/11/1996, Art. XIV, § 2]
1.
Residential Lots. In any use district in which residences are listed as a permitted use, a single-family dwelling and its normally permitted accessory buildings may be erected on any non-conforming single lot of record where no conforming, permitted principal structure can otherwise be erected.
2.
Separate Ownership.
A.
Any such non-conforming lot of record must, however, be under separate ownership from adjoining lots and must not have continuous frontage with other lots under the same ownership.
B.
Any such non-conforming lot which is owned by the same owner or a predecessor in title as an adjoining lot, shall not be considered a separate buildable zoning lot under this section.
3.
Conformance. Except for the lot size (area) requirement, any single-family dwelling on a non-conforming lot of record under this section shall otherwise conform to all applicable bulk, area and use regulations, unless a variance is requested and granted in accordance with this chapter.
§ 27-1403 Non-Conforming Uses of Land.
[Ord. 560, 6/11/1996, Art. XIV, § 3]
1.
Expansion. No non-conforming use of land shall be enlarged, increased, expanded, or changed in any manner unless first approved by the Board. Any such approved enlargement, expansion, increase or change in use shall be subject to the following specific criteria:
A.
The non-conforming use may only be changed to a use of equal or more restrictive use.
B.
When a non-conforming use is changed to a more restrictive use, any such use shall not thereafter be changed to a less restrictive use.
C.
The use may be continued only as long as the structure remains in use.
D.
All technical advances which are known to be available pertaining to the particular non-conforming use shall be required so as to minimize the detrimental effect of such use on adjacent structures and uses.
E.
In no case shall any approved expansion exceed 25% of the existing gross floor area of the structure which is currently used for the non-conforming use.
F.
The entire structure, after renovation, shall comply with all building, housing and health ordinances and any other relevant local, state or federal regulations.
2.
Continuation. Any legal non-conforming use of land shall be permitted to continue, including subsequent sales of the property for the identical, existing legally non-conforming use.
3.
Discontinuance. If a non-conforming use is discontinued for a period of 12 consecutive months or more, the legally nonconforming status shall have automatically been extinguished. Subsequent uses of the property shall be in full compliance with this chapter.
§ 27-1404 Non-Conforming Structures.
[Ord. 560, 6/11/1996, Art. XIV, § 4]
1.
Expansion. No non-conforming structure shall be enlarged, increased, expanded or changed in any manner unless approval is requested and granted by the Board in accordance with this chapter.
2.
Continuation. Any legal non-conforming structure shall be permitted to continue, including subsequent sales of the property.
3.
Moving. No non-conforming structure shall be moved in whole or in part of another location on the lot or anywhere else in the Borough unless every portion of said structure shall be brought into full compliance with the provisions of this chapter.
4.
Damage or Destruction. Should any such non-conforming structure be destroyed by any means to an extent of more than 50% of its fair market value (at the time of destruction), it shall not be reconstructed except in full compliance with the provisions of this chapter.
5.
Repairs or Maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoration for health or safety reasons of any structure, or part thereof, declared to be unhealthy or unsafe by any official charged with protecting the public health or safety, upon the order of such official.