Pittston City Zoning Code
ARTICLE XXX
Nonconforming Structures and Uses
§ 480-124 Continuance.
Except as otherwise required by law, a structure or use legally established prior to the adoption date of this Code may be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
§ 480-125 Registration.
All structures or uses legally established prior to the adoption date of this Code shall register the structure or use with the Zoning Officer within one year of the adoption date.
§ 480-126 Discontinuance.
A.
Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of six months, shall not thereafter be occupied, except by a use that conforms to this Code.
B.
If any nonconforming structure or use is, by any cause, damaged to the extent of 50% of its value or floor area, as determined by the code official, it shall not thereafter be reconstructed as such.
§ 480-127 Changes, enlargements and modifications.
A.
Maintenance, repairs and structural alterations shall be permitted to be made to nonconforming structures or to a building housing a nonconforming use with valid permits.
B.
A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.
C.
When authorized by the Zoning Hearing Board as a special exception, a nonconforming use may be changed to another nonconforming use if the Zoning Hearing Board finds that all of the following standards are met:
(1)
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(2)
The proposed change shall be less objectionable in external effects than the previous nonconforming use, and will be more consistent physically with its surroundings.
(3)
There will be no increase in traffic generation or congestion, including both vehicular and pedestrian traffic.
(4)
There will be no increase in the danger of fire or explosion.
(5)
There will be no increase in noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration or electrical disturbance.
(6)
There will be no increased threat to public health, safety, and general welfare.
D.
All additions to nonconforming structures and parking areas shall conform to the requirements of this Code. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.
