Charlestown Township
City Zoning Code
City Zoning Code
PART 17
NONCONFORMING BUILDINGS, STRUCTURES, USES AND LOTS
§ 27-1701 Nonconforming Buildings, Structures and Uses.
[Ord. 6/20/1979; as amended by Ord. 137-2006, 9/18/2006, § 1]
1.
Continuation. Any lawful building or other structure, or any lawful use of a building or other structure or land, legally existing on the effective date of this chapter, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.
2.
Extension. The lawful nonconforming use of a lot, building or a portion of a building shall not be increased or enlarged unless the Zoning Hearing Board shall, as a special exception, authorize such increase. The area devoted to a nonconforming use within a building shall in no case be increased or enlarged by more than a total of 25% of the area used for the use as of the time the use first became nonconforming. Any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter, provided that the area of such building shall not be increased by more than a total of 50% of the area of such building existing on the date it first became a lawful nonconforming building, or a building in which a lawful nonconforming use is made and provided further that any structure alteration, extension or addition shall confirm with all height, area, width, yard and coverage requirements for the District in which it is located. In the event a part of a lot shall be used for a lawful nonconforming use, whether in a building or otherwise, the area occupied by such nonconforming use shall not be increased by more than a total of 50% of the area of the lot used upon the effective date of this chapter.
3.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change except to a conforming use, and for such purpose, a building may be extended in accordance with Subsection 2, herein-above. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
4.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, to an extent of not more than 75% of its fair market value, may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in Subsection 2 herein.
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
5.
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
§ 27-1702 Lots, Nonconforming as to Area and Width Regulations, and Lots of Unusual Dimensions.
[Ord. 6/20/1979]
For any use permitted in a District, a building may be erected or altered on any lot held in single and separate ownership on the effective date of this chapter, which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated.
§ 27-1703 Subdivisions Previously Approved.
[Ord. 6/20/1979]
In the case of a plot of land, a plan for the subdivision of which into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this chapter, been duly approved and recorded as required by law which plan does not make provision for full adherence to the regulations of this chapter governing minimum lot areas or width, front, side or rear yards, or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded, the development and sale of said plot of land contemplated by the plan may proceed as a lawful nonconforming lot.