Charleston Township
City Zoning Code
City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 300-700 Definitions.
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.
§ 300-701 Permitted continuation.
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.
§ 300-702 Alterations.
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.
§ 300-703 Extension or expansion.
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.
§ 300-704 Changes.
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.
§ 300-705 Restorations.
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:
§ 300-706 Abandonment.
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.
§ 300-707 Nonconforming lots of record.
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.
§ 300-708 Unsafe structure.
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.
§ 300-709 Construction approved prior to legal enactment of ordinance.
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.
§ 300-710 Registration.
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.