A.
Continuation of use. A use, building or structure lawfully in existence prior to the adoption of this chapter which does not comply with the applicable use provisions of this chapter or any applicable amendment thereto may be continued if registered in accordance with the provisions of Subsection B hereof.
B.
Registration of nonconforming uses. The Zoning Officer may identify
and register nonconforming uses, nonconforming structures and nonconforming
lots as allowed in Section 613 of the Pennsylvania Municipalities
Planning Code.[1]
[Amended 11-6-1995 by Ord. No. 5-1995]
[1]
Editor's Note: See 53 P.S. § 10613.
A nonconforming use may be changed to another nonconforming
use only upon determination by the Zoning Hearing Board, after public
hearing, that the proposed new use will be no more detrimental to
its neighborhood than the use it is to replace. In making such a determination,
the Zoning Hearing Board shall review a written report of the Zoning
Officer, the recommendations of the Towanda Borough Planning Commission
and public testimony. The Zoning Officer's report shall consider such
factors as traffic generation, nuisance characteristics (such as noise,
dust, odors, smoke and vibrations), possible fire hazards, safety
hazards and hours and manner of operation.[1]
[1]
Editor's Note: Original § 73-60, Enlargement of
use, which followed this section, was repealed 1-7-1991 by Ord. No.
2-1991.
A.
Abandonment. The discontinuance of a nonconforming use for a period
of six months and/or the change of use to a more restricted or conforming
use for any period of time shall be considered an abandonment, and
such nonconforming use shall not thereafter be revived. Intent to
resume active operations shall not affect the foregoing.
B.
Partial destruction. When 50% or more of the existing floor area
or volume of a nonconforming building or structure or use of land
is destroyed by fire or by other casualty or act of God, the use of
such building, structure or land as a nonconforming use shall thereafter
be terminated.
A.
General. No existing building or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use or when required to
do so by law or order and as follows.
B.
Restoration. Any nonconforming building or structure damaged less
than 50% may be restored, reconstructed or used as before, provided
that the volume of such use, building or structure shall not exceed
the volume which existed prior to such damage or as provided under
§ 73-60A[1] hereof and that it is completed within one year of such
happening and provided that such restoration shall be in conformity
with the requirements of this chapter.
[1]
Editor's Note: So in original.
C.
Displacement. A nonconforming use shall not be extended to displace
a conforming use.
D.
Repairs. Normal maintenance, repairs and incidental alteration of
a building or other structure containing a conforming use is permitted.
E.
Prior approval. Nothing herein contained shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a permit for which had been duly granted and the
construction of which shall have been started before the date of adoption
of this chapter or any applicable amendment thereto and the ground
story framework of which, including the second tier of beams, shall
have been completed within six months of the date of the permit and
which entire building shall have been completed, according to such
plans as have been filed, within one year of the date of adoption
of this chapter or any applicable amendment thereto.
