A use, building or structure lawfully in existence
at the effective date of this chapter may be continued except as otherwise
provided in this article.
[Added 9-8-1994 by Ord. No. 94-12]
A. The Zoning Officer, upon receipt of an application
for confirmation of nonconforming status of any lot or structure within
the borders of the Township of Franklin, shall issue a certificate
of nonconformance for the lot or building in question, provided that
the Zoning Officer is satisfied that the lot or building is nonconforming
as a result of a change in the zoning laws of the Township of Franklin
since the original construction of the structure or subdivision of
the lot.
B. An application shall contain the name and address
of the applicant, the nature of the request, the tax lot and block
number of the property, and describe any buildings or structures on
the property.
C. Should the Zoning Officer need additional information
not contained in the application in order to determine the status
of the nonconforming use or structure, the applicant shall provide
any and all information requested by the Zoning Officer which is within
the applicant's knowledge or possession.
D. If the Zoning Officer has questions regarding the
use or construction of the structure or if it is the Zoning Officer's
opinion that the applicant has failed to supply sufficient information
to allow the Zoning Officer to make a valid decision, the Zoning Officer
may either deny the application or refer the application to the Land
Use Board, in which case the applicant shall file its application
with the Land Use Board as provided herein.
E. If the Zoning Officer fails or refuses to issue a
certificate, he shall notify the applicant, in writing, as to the
reasons therefor within 45 days from the date of application. Such
denial may be appealed to the Land Use Board in accordance with the
provisions of N.J.S.A. 40:55D-72, notice of which shall be given in
accordance with N.J.S.A. 40:55D-12.
F. An application to the Zoning Officer shall be accompanied by payment of a fee as shown on the current fee schedule (Chapter
225). If a site visit is required, an additional fee as shown on the current fee schedule (Chapter
225) shall be required. An application to the Land Use Board shall be accompanied by payment of a fee as required by Chapter
225, Fees.
[Amended 3-24-2005 by Ord. No. 2005-07]
A nonconforming, nonseasonal use not used for
12 consecutive months shall not thereafter be recommended unless and
until the property owner has made application pursuant to N.J.S.A.
40:55D-68.
[Amended 12-4-1997 by Ord. No. 97-44]
A. Any lot not adjacent to property in common ownership or any lot within a major subdivision whose infrastructure construction has commenced and which is or becomes nonconforming on the date of adoption of this section shall be governed by the R-3.0 Zone standards for width, depth and setback set forth on the Schedule of Zone Requirements (§
220-8), except that no lot which has become nonconforming in lot area may be further subdivided.
[Amended 10-31-2006 by Ord. No. 2006-12]
B. A lawfully existing nonconforming residential use
or structure may be expanded to provide additional living space, provided
that the expansion will not increase the number of dwelling units
on the property, will not encroach upon any nonconforming front, side
or rear setback and will not expand that portion of the structure
which is in the nonconforming setback.
[Amended 8-21-2003 by Ord. No. 2003-06]
C. An existing single-family residence in the NB, AR-7.0, or RR-5.0
Zoning District may be extended, enlarged, altered, remodeled, repaired
or modernized, even if the addition, expansion or modernization shall
extend into the front yard area required by this chapter, provided
the addition, extension or modernization shall not encroach further
into the front yard than the residence to which it is being added.
[Added 11-24-2015 by Ord.
No. 2015-09]
D. Existing single-family residences in the AR-7.0 and RR-5.0 Zoning
Districts and existing and proposed permitted accessory structures
may be extended, enlarged, constructed, altered, remodeled, repaired,
or modernized, subject to the following minimum requirements:
[Added 11-24-2015 by Ord.
No. 2015-09]
|
Lot Area
|
Minimum Side Yard Setback
(feet)
|
Minimum Rear Yard Setback
(feet)
|
Maximum Impervious Coverage
|
---|
|
0 to 0.25 acre
|
10
|
10
|
50%
|
|
0.25 acre to 0.5 acre
|
15
|
15
|
40%
|
|
0.5 acre to 1 acre
|
20
|
20
|
30%
|
|
1 acre to 2 acres
|
30
|
30
|
25%
|
|
2 acres to 3 acres
|
40
|
40
|
20%
|
|
Over 3 acres
|
50
|
50
|
10%
|
E. Existing single-family residences in the NB Zoning District and permitted
accessory structures may be extended, enlarged, constructed, altered,
remodeled, repaired, or modernized, subject to the following requirements:
[Added 11-24-2015 by Ord.
No. 2015-09]
|
Lot Area
|
Minimum Side Yard Setback
(feet)
|
Minimum Rear Yard Setback
(feet)
|
---|
|
0 to 0.25 acre
|
10
|
20
|
|
0.25 acre to 0.5 acre
|
15
|
25
|
|
0.5 acre to 1 acre
|
20
|
30
|
|
1 acre to 2 acres
|
30
|
40
|
|
2 acres to 3 acres
|
40
|
50
|
|
Over 3 acres
|
50
|
100
|
[Added 4-2-1987 by Ord. No. 87-16; amended 9-8-1987 by Ord. No.
87-31]
A. No provision of this chapter pertaining to an airport
hazard area shall require the removal or lowering or other change
or alteration of any structure or tree not conforming to the rules
as adopted April 15, 1985.
B. A preexisting land use not in conformance with the
provisions pertaining to an airport hazard area may, at the discretion
of the Township, be classified as either nonconforming or conditional.
For such preexisting land uses, a property owner may seek and the
Township may grant on a one-time basis up to 10% expansion of such
a nonconforming or conditional use without having to obtain a permit
from the New Jersey Commissioner of Transportation under the provisions
of this chapter and N.J.A.C. 16:62.
C. The provisions in Subsection
B above allowing up to a ten-percent one-time expansion of preexisting land use not in conformance with the rules pertaining to an airport hazard area apply to land use provisions only. Expansion of a vertical development not in conformance with the rules pertaining to an airport hazard area may be done only after the granting of a permit from the New Jersey Commissioner of Transportation under the provisions of this chapter and N.J.A.C. 16:62.
D. All lands that lie within the boundaries of an airport
hazard area shall comply not only with the regulations and standards
set forth in this chapter and all other ordinances of this Township
but also with the minimum obstruction standards established in N.J.A.C.
16:62-4.1 and 16:62-4.2 and the minimum land use standards established
in N.J.A.C. 16:62-5.1.
[Added 12-4-1997 by Ord. No. 97-44]