Richmond Township Tioga County
City Zoning Code
City Zoning Code
PART 5
NONCONFORMING USES
§ 27-501 Permitted Continuation.
[Ord. 2-80, 11/17/1980, § 501]
A nonconforming use may continue; be bought or sold, altered, restored or extended subject to the provisions of this Part even though such use does not conform to the regulations established in this chapter for that use.
§ 27-502 Alterations on Improvements.
[Ord. 2-80, 11/17/1980, § 502]
1.
A nonconforming building or structure may be altered, reconstructed, or improved within the confines of existing buildings.
2.
A nonconforming building may not be altered, improved or reconstructed in excess of 50% of the fair market value of the building or structure. Fair market value will be determined by the Tioga County Assessor.
[Amended by Ord. 01-2018, 2/6/2018]
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.
§ 27-503 Extension or Expansion.
[Ord. 2-80, 11/17/1980, § 503]
1.
A nonconforming use may be extended subject to and provided the following:
A.
The extension does not encroach upon the front, side and rear yard requirements of this chapter.
B.
The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this chapter.
C.
Adequate parking can be provided in conformance with this chapter to serve both the original plus expanded use.
§ 27-504 Changes.
[Ord. 2-80, 11/17/1980, § 504]
No nonconforming building, structure or use shall be changed to another type of nonconforming use, except as a special exception under the provisions of this chapter.
§ 27-505 Restorations and Reconstruction.
[Ord. 2-80, 11/17/1980, § 505]
1.
A lawful nonconforming building destroyed to the extent of less than 75% of its market value (exclusive of walls below grade) or legally condemned, may be reconstructed and used for the same nonconforming use, provided that (a) the reconstructed building shall not exceed the area or volume of the building destroyed or condemned, and (b) the building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
2.
A building which is damaged or destroyed to 75% of its value (exclusive of walls below grade) at the date of the damage as determined by fair market value of the building, and which does not comply with the use, area or volume regulations of this chapter, may be restored or reconstructed subject to approval of the Zoning Hearing Board.
§ 27-506 Abandonment.
[Ord. 2-80, 11/17/1980, § 506]
1.
The nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use, unless approved as a special exception under the provisions of this chapter. A nonconforming use shall be considered abandoned when:
§ 27-507 Unsafe Structure.
[Ord. 2-80, 11/17/1980, § 507]
Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any portion of a building declared unsafe by a proper authority.
§ 27-508 Construction Approval Prior to Enactment of Ordinance.
[Ord. 2-80, 11/17/1980, § 508]
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 started within nine months of the date of such permit.
§ 27-509 Map of Nonconforming Uses.
[Ord. 2-80, 11/17/1980, § 509]
The Zoning Officer shall prepare a map of all nonconforming uses and structures existing at the time of the legal enactment of this chapter. Further, said map shall be on display for public use and information in the Richmond Township Building at all times.