Pottsville City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 220-15 Continuation of use.
A use, building or structure which shall be made nonconforming, as defined in § 220-5, at the time of passage of this chapter or any applicable amendment thereto may be continued except as otherwise set forth in this article, provided that no existing use located in the district where enumerated in Article IV shall be considered nonconforming if the yards, area, height, coverage dimensions or off-street parking do not conform with the regulations of this chapter.
§ 220-16 Registration of nonconforming uses.
[Amended 12-12-1994 by Ord. No. 527]
The owner of the premises occupied by a lawful nonconforming use or building may secure within a year a certificate of nonconformance from the Zoning Officer. Such certificate shall be authorized by the Zoning Hearing Board and shall be for the purpose of ensuring to the owner the right to continue such nonconforming use.
§ 220-17 Regulation of nonconforming uses.
[Amended 2-12-2018 by Ord. No. 866]
All existing nonconforming uses, buildings or structures cannot be enlarged, reconstructed, substituted or structurally altered unless the following are met:
A.
Enlargement. Any nonconforming use, building or structure may be enlarged up to but not more than 25% of its floor area and/or lot area as it existed at the time of passage of this chapter. Such enlargement must conform to all other regulations of the district where it is situated. This provision may be used only once for each zone lot.
B.
Repairs and maintenance.
(1)
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
(2)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
C.
Displacement and change of use.
(1)
A nonconforming use may be changed into a conforming use.
(2)
A use listed in a specific use class which is a nonconforming use because of its location cannot be changed into another nonconforming use first listed in a use class with a higher number.
(3)
Buildings or structures, regardless of conformity or ownership, shall not be combined for the purpose of extending an existing nonconforming use,or for creating a different nonconforming use.
D.
Restoration. Any nonconforming building or structure damaged less than 50% of its then-existing floor area 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 and that it is complete within one year of such happening.
E.
Termination.
(1)
When 50% or more of the existing floor area, volume or use of land is destroyed by fire, casualty or act of God, the building can be rebuilt as a nonconforming building or structure as long as the existing floor area or volume is not increased and is built in the same footprint as the original structure or a smaller footprint.
(2)
When discontinued for a period of one year or more, a nonconforming use shall be terminated. Change to a lower numbered use class or to a conforming use shall be considered as abandonment thereof, and such nonconforming use cannot be revived.
F.
Approval granted prior to passage of chapter. A building, structure or use planned, constructed or designed in compliance with existing laws prior to the passage of this chapter shall be deemed a legal nonconforming use, provided that:
(1)
The construction or use was actually started prior to passage of this chapter.
(2)
The ground story framework, including the second tier of beams, is completed within six months of passage of this chapter.
(3)
The entire building or use is completed or installed and ready for occupancy or operation within one year of the passage of this chapter.
