Except as otherwise provided in this article, any nonconforming
use or structure legally existing at the effective date October 10,
1995 or which is created whenever a district is changed by amendment
hereafter, may be continued, altered, reconstructed, changed, sold,
or maintained even though it does not conform to the regulations of
the district in which it is located. All nonconforming lots, uses,
or structures shall be encouraged to convert to conformity wherever
possible and shall be required to convert to conforming status as
required by this article.
A.
Within 12 months following the adoption of this chapter, the Zoning
Administrator shall develop a register of all nonconforming uses,
structures, and lots.
B.
An application for a certificate of nonconformance may be made to
the Township by the owner of any nonconformity, with the assistance
of the Zoning Officer, as of the effective date of this chapter (February
5, 2015) or as of the effective date of an amendment creating the
nonconformity.
C.
For previously unregistered nonconformities, the Zoning Officer shall
assist the property owner and file the certificate of nonconformance
at the time of application for a zoning permit.
D.
The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property as of the effective
date of this chapter (February 5, 2015) or as of the effective date
of an amendment creating the nonconformity.
E.
The Township shall retain a copy of the certificate of nonconformance.
F.
The Zoning Officer fee for assistance shall be in accordance with
a fee schedule established by separate ordinance by the Franklin Township
Board of Supervisors.
If any nonconforming use or structure is abandoned for a period
of one year, the future use of such building or land shall be in conformity
with the district regulations. A nonconforming use shall be deemed
to be abandoned when the use or activity ceases by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance.
A.
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use.
B.
A nonconforming building which is damaged by fire, flood, or other
natural causes may be reconstructed, restored, and used as before
provided that:
(1)
Reconstruction commences within one year of the damage.
(2)
Reconstruction shall not exceed the size, bulk and area that existed
prior to the damage, unless approved by the Zoning Hearing Board.
(3)
The location of said reconstruction does not create a safety hazard.
(5)
When the nonconformity is located within the floodway portion of
the one-hundred-year floodplain, the reconstruction may not cause
any rise in elevation of the one-hundred-year flood.
A.
Extensions or enlargements of nonconforming uses shall be permitted
in accordance with the maximum permitted lot coverage of the zoning
district in which the nonconforming use is located, provided that:
(1)
The nonconforming structure or use is not located within the floodway
of a one-hundred-year floodplain.
(2)
The expansion shall conform to the setback and height regulations
of the district in which the structure or use is situated.
(3)
In the case of a nonconforming use, be immediately adjacent to the
existing nonconforming use.
B.
A nonconforming use shall not be extended to displace a conforming
use.
C.
Nothing in this article shall be deemed to prevent an extension for
the exclusive purpose of providing required off-street parking or
loading spaces and involving no structural alteration or enlargement
of such structure.
D.
Extensions or enlargements of less than 2,000 square feet to an existing
nonconforming use or structure may be authorized by the Zoning Officer
via a zoning permit.
E.
Extensions or enlargements of 2,000 square feet or greater to an
existing nonconforming use or structure must be approved by the Zoning
Hearing Board, in the form of a special exception application, prior
to issuance of a zoning permit.
A.
Change of location. A nonconforming use shall not be moved, in whole
or in part, for any distance whatsoever, to any other location on
the same or any other lot, unless the entire structure shall thereafter
conform to the regulations of the zoning district in which it is located
after being moved.
B.
Change of use. A nonconforming use shall not be changed to any use
other than a use permitted in the zoning district in which it is located
except as provided in this section.
No use or structure which is accessory to a principal nonconforming
use or structure shall continue after such principal use or structure
has ceased or been removed, unless the accessory portion conforms
to all regulations of this chapter. This section shall prevail over
any other provisions of this chapter that may be interpreted to the
contrary.
A.
A lot which is nonconforming, but a legal lot of record recorded
prior to the effective date of this chapter, shall be deemed a legal
nonconforming lot and may be used for any principal use permitted
in the zone in which the lot is located, provided that for any use
which is to be served by an individual well and/or septic system,
the nonconforming lot shall be of a size and design to meet the minimum
requirements of the Pennsylvania Department of Environmental Protection
for such wells and septic systems.
B.
Setbacks for nonconforming lots of record shall comply with setbacks
of the zoning district unless variances are granted by the Zoning
Hearing Board. If a nonconforming lot is found to be in common ownership
with abutting lands, the contiguous lots shall be considered a single
parcel unless the parcel is redivided to conform to the dimensional
requirements for new lots. A zoning permit for construction on a vacant
nonconforming lot shall only be issued after the granting of any necessary
variances by the Zoning Hearing Board.
A.
Any project which received subdivision or land development approval
consistent with the ordinance in effect prior to the effective date
of this chapter shall be permitted to construct the project provided
construction begins within five years of the date of the adoption
of this chapter based upon the approved subdivision and land development
plan.
B.
Termination of nonconforming status required by modification. Whenever
there is a nonconforming use which is nonconforming with respect to
signs, exterior lighting, landscaping, screening, buffering, parking,
or any of the performance criteria and regulations specified in this
chapter, such use shall be required to comply with all such requirements
to the fullest extent possible as a precondition to issuance of a
zoning permit. If compliance is not achieved, a variance approval
shall be required prior to the issuance of a zoning permit.
