Covington Township Tioga County
City Zoning Code
City Zoning Code
PART 20
NONCONFORMING USES
§ 27-2001 Nonconforming Uses.
[Ord. 12-10-12(E), 12/10/2012, § 27-2001]
1.
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
2.
Nonconforming uses may be increased in area provided that the total of all such expansions shall not exceed 25% of the area of the use or building devoted to the nonconforming use when the use or building became nonconforming.
3.
Expansion of the nonconformity shall be confined to the lot on which it was located on the day it became nonconforming.
4.
Nonconformities may be increased in size only upon grant of a special exception by the Zoning Hearing Board. Such expansion shall comply with all other requirements and standards of this chapter.
5.
The Zoning Officer shall make an official registration of each and every nonconforming use as of the date of the enactment of this chapter.
6.
No nonconforming building, structure or use shall be changed to another type of nonconforming use.
7.
A building which is damaged by fire, explosion, flood or other casualty to the extent of 75% or more of its market value at the date of the damage as determined by fair market value of the building, and which does not comply with the provisions of this chapter, may be restored by the person(s) who own the property at the time of the damage. Otherwise, it shall not be restored except in conformity with the provisions of this chapter.
8.
A lawful nonconforming building destroyed to the extent of less than 75% by fire, explosion, flood or other casualty or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
§ 27-2002 Alterations.
[Ord. 12-10-12(E), 12/10/2012, § 27-2002]
1.
A nonconforming building or structure may be altered or improved within the confines of the existing buildings.
2.
A nonconforming building or structure may be altered, improved or reconstructed in excess of 50% of the fair market value of the building or structure, but not exceeding 100% of the fair market value as determined by the Tioga County Assessor if approved as a special exception by the Zoning Hearing Board.
3.
A nonconforming building or structure may be altered to the extent necessary if such alteration is intended and will result in the building or structures conversion to a conforming use.
§ 27-2003 Expansion.
[Ord. 12-10-12(E), 12/10/2012, § 27-2003]
1.
A nonconforming use may be expanded upon approval as a special exception by the Zoning Hearing Board subject to and provided the following:
A.
The expansion does not encroach upon the front, side and rear yard requirements and the maximum building height requirements of this chapter.
B.
The expansion is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this chapter.
C.
Such expansion does not result in an increase in total floor area, or lot use area or more than 100% of the original floor area or lot area.
D.
Adequate parking can be provided in conformance with this chapter to serve both the original plus expanded use.
E.
Such expansion does not present a threat to the health or safety of the community or its residents.
§ 27-2004 Unsafe Structure.
[Ord. 12-10-12(E), 12/10/2012, § 27-2004]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building declared unsafe by a proper authority.
§ 27-2005 Construction Approved Prior to Legal Enactment of Ordinance.
[Ord. 12-10-12(E), 12/10/2012, § 27-2005]
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a permit has been issued and the construction of which shall have diligently proceeded within six months of the date of such permit.
§ 27-2006 Abandonment.
[Ord. 12-10-12(E), 12/10/2012, § 27-2006]
1.
The nonconforming use of a building or lot which has been abandoned shall not thereafter be returned to such nonconformity use. A nonconforming use shall be considered abandoned when one of the following conditions exists:
A.
When the intent of the owner to discontinue the use is apparent.
B.
When the characteristic equipment or furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six months.
C.
When a nonconforming use has been discontinued for a period of one year.
D.
When it has been replaced by a conforming use.