MapLink™ | Procedures | Intent and Scope

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Intent and Scope
A. Within the districts established by this part or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before enactment of the Fox Chapel Zoning Ordinance of 1935, but which were prohibited, regulated or restricted under the terms of said Zoning Ordinance of 1935 and subsequent amendments, including this Zoning Ordinance of 1971.

B. It is the intent of this Part 1 to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this Part 1 that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

C. Nonconforming uses are declared by this Part 1 to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Part 1 by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

Uses under special exception provisions not nonconforming uses.
Any use which is permitted as a special exception or a conditional use in a district under the terms of this Part 1 (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but without further action shall be considered a conforming use.