Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued, although such use or building does
not conform to the regulation specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming building shall be enlarged, extended
or increased except where such enlargement, extension or increase
complies with all provisions of this chapter and the only violation
of this chapter arises from such nonconformity which is not in any
manner affected by such proposed enlargement, extension or increase.
C. No nonconforming use may be expanded.
[Amended 1-23-2007 by Ord. No. 3652]
A nonconforming use shall be adjudged as abandoned
when: 1) some overt act or failure to act which carries a sufficient
implication that the owner neither claims nor retains any interest
in the subject matter of the abandonment; and 2) an intention to abandon.
Such use shall not thereafter by reinstated, and the structure shall
not be reoccupied except in conformance with this chapter.
[Amended 11-9-2006 by Ord. No. 3638]
A. If any nonconforming building, other than an existing
one-family or two-family detached dwelling or a service station located
in a R-40, RR3 or RR5 Zone, shall be destroyed by reason of windstorm,
fire, explosion or other act of God or the public enemy, then such
destruction shall be deemed complete destruction, and the structure
may not be rebuilt, restored or repaired except in conformity with
the regulations of this chapter. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition any walk, floor
or roof which has been declared unsafe by the Code Enforcement Officer.
B. Any nonconforming single-family detached one- or two-family
detached dwelling or a service station located in a R-40, RR3 or RR5
Zone may be rebuilt or restored, provided that the following conditions
are met:
(1) The dwelling or service station is reconstructed within
one year of the destruction;
(2) The footprint and height remain unchanged or smaller
than the original structure;
(3) The building setbacks remain unchanged or greater
than the original structure.
(a)
Nothing in this chapter shall prevent the strengthening
or restoring to safe condition any walk, floor or roof which has been
declared unsafe by the Code Enforcement Officer.
(4) Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
(5) Alterations. A nonconforming building may be altered
but not enlarged or extended during its life to an extent not exceeding
in aggregate 50% of the recorded true value of the building as appraised
in the records of the Tax Assessor unless said building is changed
to a building conforming to the requirements of this chapter.
(6) Construction approved prior to ordinance. Nothing
herein contained shall require any change in plans, construction or
designated use of a building for which a building permit has been
heretofore issued and the construction of which shall have been diligently
prosecuted within three months of the date of such permit, and the
ground-story framework of which, including the second tier of beams,
shall have been completed within six months of the date of the permit,
and which entire building shall be completed according to such plans
as filed within one year from the date of this chapter.
(7) District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein or created thereby.
(8) Existing undersized lots.
(a)
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which lot was under one ownership on or before November 13, 1958, and the owner thereof owns no adjoining vacant land with continuous frontage may be used as a lot for the purpose permitted in the zone, provided that the lot in question has an area and frontage of not less than 90% of that prescribed in §
112-13 in Schedule 2, Lot and Yard Requirements, and complies with all other regulations prescribed for the zone.
(b)
If two or more lots or combination of lots and
portions of lots with continuous frontage in single ownership are
of record as of November 13, 1958, and if all or part of the lots
do not meet the requirements for lot frontage and area as established
by this chapter, the lands involved shall be considered to be an undivided
parcel, and no portion thereof shall be used or sold which does not
meet lot frontage and area requirements established by this chapter,
nor shall any division of the parcel be made which leaves remaining
any lot with frontage or area below the requirements stated in this
chapter.
(9) Restoration of existing one- and two-family detached
dwellings in nonresidential zones.
(10)
Certification of preexisting nonconforming use.
(a)
The prospective purchaser, prospective mortgagee,
or any other person interested in any land upon which a nonconforming
use or structure exists may apply in writing for the issuance of a
certificate certifying that the use or structure existed before the
adoption of this chapter which rendered the use or structure nonconforming.
(b)
For purposes of this section, the date of the
adoption of the first Zoning Ordinance in Franklin Township shall
be October 30, 1958.
(c)
The applicant shall have the burden of proof.
(d)
Application pursuant hereto may be made to the
Administrative Officer within one year of the adoption of the ordinance
which rendered the use or structure nonconforming or at any time to
the Board of Adjustment.
(e)
Denial by the administrative officer shall be
appealable to the Board of Adjustment.