Towanda City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 325-56 Continuation of use; registration and certificate.
[Amended 11-6-1995 by Ord. No. 5-1995; 5-5-2025 by Ord. No. 2025-1; 5-5-2025 by Ord. No. 2025-6]
A.
A nonconforming use, nonconforming structure or nonconforming lot may be continued as it existed prior to the enactment of this Article VII or any amendment thereof if registered in accordance with the provisions of Subsection B.
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]
[1]
Editor's Note: See 53 P.S. § 10613.
C.
Certificate of nonconformance. The Zoning Officer shall issue a certificate of nonconformance for any nonconformance registered in accordance with Subsection B hereof for the purpose of ensuring to the owner the right to continue such nonconformance.
§ 325-57 Change to another nonconforming use.
[Amended 5-5-2025 by Ord. No. 2025-1; 5-5-2025 by Ord. No. 2025-6]
A.
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 meets all of the following standards.
(1)
The nonconforming use cannot reasonably be changed to a use permitted in the zoning district as a principal permitted use (or by special exception).
(2)
The proposed new use will be less objectionable in external effects than the previous nonconforming use and will be more consistent physically with its surroundings and neighborhood. In determining whether the proposed new use is less objectionable, the hierarchy of more restrictive uses set forth in § 325-9 shall apply.
(3)
The proposed new use will not adversely affect the surrounding neighborhood due to the following:
(a)
Traffic generation. The proposed new use shall not cause an increase in vehicular or pedestrian traffic or congestion. The Zoning Hearing Board may require the applicant to demonstrate how the proposed use will affect Average Daily Traffic pursuant with standards set forth in the most current Trip Generation Manual published by the Institute of Transportation Engineers or its successor.
(b)
Noise, dust, fumes, gasses, odor, glare, vibration, fire and explosion hazards, electrical disturbance. The proposed new use shall not increase or exacerbate the effects of any of these environmental conditions. The standards set forth in § 325-55 shall be met.
(c)
Amount and nature of outdoor storage. The proposed new use shall comply with the landscaping requirements of § 325-27 and the outdoor storage requirements of § 325-46.
(d)
Hours of operation.
(e)
Parking and loading areas. The proposed new use shall comply with the parking and loading requirements of §§ 325-34 and 325-35.
B.
Compatibility with the character of the existing neighborhood.
Upon application for such change of nonconforming use, the Zoning Officer shall prepare a written report addressing these standards and thereafter shall refer the application to the Planning Commission for review and preparation of recommendations to the Zoning Hearing Board. In making its determination, the Zoning Hearing Board shall consider the report of the Zoning Officer, the recommendations of the Planning Commission, and public testimony.
§ 325-58 Termination of use.
[Amended 5-5-2025 by Ord. No. 2025-1; 5-5-2025 by Ord. No. 2025-6]
A.
Abandonment. If, for a period of more than six months, a nonconforming use of a structure or land is discontinued, vacated or otherwise abandoned without evidence of intent to resume the nonconforming use, such cessation of use shall be deemed to be an intent to abandon such nonconforming use, and any subsequent use of the structure or land shall be for conforming. If at any time a nonconforming use of a structure or land is changed to a more restricted or conforming use, the prior nonconforming use shall be deemed to have been abandoned and shall not thereafter be revived.
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.
§ 325-59 Additional regulations.
[Amended 5-5-2025 by Ord. No. 2025-1; 5-5-2025 by Ord. No. 2025-6]
A.
General. No existing nonconforming use, nonconforming structure or nonconforming lot shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, structure or lot or when required by law or order of court.
B.
Restoration. Notwithstanding Subsection A above, a nonconforming structure or structure containing a nonconforming use that has been legally condemned or damaged by fire, flood or other natural causes to an extent not exceeding 50% of its replacement value at the time of its reconstruction may be reconstructed for such purpose provided that application for all necessary permits is filed within six months of notice of condemnation or the occurrence of such damage and restoration is completed within one year thereafter. Such restoration shall comply with all requirements of this Article VII.
C.
Displacement (as is - no change)
D.
Repairs (as is - no change)
E.
Prior approval (as is - no change)
F.
Prior violations continued. A nonconforming building erected or altered or a nonconforming use created, enlarged or extended in violation of this Article VII shall be deemed to be a continuing violation and shall not have the right of legal continuance conferred by § 325-56A.
