Lackawanna City Zoning Code
ARTICLE VII
Nonconforming Uses, Lots and Structures
§ 230-61 Continuation of existing use.
Except as provided in this article, any use of land, building, structure or part thereof existing at the time that this chapter or any amendment hereto becomes effective may be continued after the passage of this chapter, provided that the use and character of the premises at the time of the enactment of this chapter remains unchanged.
§ 230-62 Change in use.
A nonconforming use may only be changed to a conforming use. A conforming use may not thereafter be changed back to any nonconforming use.
§ 230-63 Extensions and enlargements.
A nonconforming use shall not be enlarged or extended beyond those areas of the building arranged or designated for such nonconforming use at the time of the passage of this chapter, except as follows:
In any commercial or industrial district, any nonconforming use may be enlarged to an extent not exceeding 25% of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use.
When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargement shall be permitted.
§ 230-64 Repairs and alterations.
Normal maintenance, including nonstructural repairs and incidental alterations of a building or structure containing a nonconforming use shall be permitted.
§ 230-65 Restoration.
No nonconforming building or other structure which has been damaged or destroyed by any means, where the cost of repairs totals or exceeds 50% or more of its assessed value, as assessed for City taxes on the last previous assessment roll, shall be rebuilt or repaired except in conformance with this chapter.
Nonconforming buildings or other structures which have been damaged where the cost of repairs is less than 50% of its assessed value may be repaired, replaced or reconstructed in conformance with the following:
Neither the floor area nor the volume of a nonconforming use shall be increased from the pre-damage floor area or volume of the nonconforming use.
The application for a building permit to repair, replace or reconstruct a partially destroyed or damaged use or structure as herein authorized shall be made within six months of the occurrence.
The repair, replacement or reconstruction shall be completed within six months following the issuance of the permit.
§ 230-66 Discontinuance.
When a nonconforming use has been discontinued for a period of at least six months, the use shall not thereafter be reestablished and the future use shall be in conformance with the provisions of this chapter.
Discontinuance of the active and continuous operation of a nonconforming use, a part or portion of the operation of the nonconforming use, for a period of 12 consecutive months is construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations.
If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, then the abandonment shall be construed and considered to be completed within a period of less than six months, and all rights to reestablish or continue such nonconforming use shall terminate.