As used in this section, the following terms shall have the
meanings indicated:
The lawful employment or occupancy of a land area, building
or structure which was in existence prior to the enactment of this
chapter or its amendments but does not comply with the present provisions
of this chapter or amendments hereafter enacted.
A nonconforming use may continue, be bought or sold, altered,
restored or extended subject to the provisions of this article even
though such use does not conform to the regulations established in
this chapter for that use.
A.
A nonconforming building or structure may be altered or improved
within the confines of the existing buildings.
B.
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.
C.
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.
A nonconforming use may be extended upon approval as a special
exception by the Zoning Hearing Board subject to and provided the
following:
A.
The extension does not encroach upon the front, side and rear yard
requirements and the maximum building height 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.
Such extension does not result in an increase in total floor area,
or lot use area of 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.
No nonconforming building, structure or use shall be changed
to another type of nonconforming use, except as a special exception
under the provision of this chapter.
A.
A building which is damaged by fire, explosion, flood or other casualty
to the extent of 75% or more 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 height
regulations of this chapter, shall not be restored except in conformity
with the regulations of this article.
B.
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:
A.
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 article.
A nonconforming use shall be considered abandoned when one of the
following conditions exists:
(1)
When the intent of the owner to discontinue the use is apparent.
(2)
When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within six months unless other facts show intention
to resume the nonconforming use.
(3)
When a nonconforming use has been discontinued for a period
of one year.
(4)
When it has been replaced by a conforming use.
(5)
When it has been changed to a use permitted as a special exception
by the Zoning Hearing Board.
B.
Any nonconforming use of a sign or billboard which is discontinued
or not used for six months shall not be resumed; and if any sign or
billboard is removed, it shall not be reconstructed.
A.
A single-family house and customary accessory buildings may be erected
on any approved lot of record in existence on the effective date of
this chapter.
B.
This provision shall apply even though such lot fails to meet the
applicable requirements of side, front or rear yards or the minimum
lot area requirements.
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.
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.
The Zoning Officer shall prepare a list registering all nonconforming
uses existing at the time of the legal enactment of this chapter.
Said list shall include a general description of the nature and extent
of the nonconformity and may include photographs as documentation.
Further, said list shall be maintained for public use and information.
