Frankford City Zoning Code
§ 30-1009
NONCONFORMING LOTS, STRUCTURES AND USES.
[Ord. No. 2007-04; Ord. No. 2011-07 § 9; Ord. No. 2014-01 § 12]
Any lot or plat as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this section may be used for any use not otherwise prohibited in such district in which it lies provided that:
a.
Unimproved Nonconforming Lots. (Grandfathered) Notwithstanding any other provisions of this section, any existing lot as of October 2, 2001 (including any vacant lot in the Agricultural/Residential Zone (AR) of at least one acre regardless of whether adjoining any other land owned by that owner of such lot, and which is nonconforming as to dimensions or area, may be improved with a new building or structure, in accordance with the use requirements of this section, provided that the minimum setbacks shall meet the former one acre zoning which were:
1.
Minimum lot area shall be 43,560 square feet within 200 feet of the street right-of-way;
2.
Minimum lot width at the minimum building setback line shall be 175 feet measured along a straight line perpendicular to the midline of such lot.
3.
Minimum lot frontage at the street right-of-way line shall be 150 feet measured along the edge of the right-of-way;
4.
Minimum lot width on a cul-de-sac shall be 70 feet measured, along a straight line perpendicular to the midline of such cul-de-sac lot;
5.
Minimum lot frontage at the right-of-way line on a cul-de-sac lot shall be 90 feet measured along the edge of the right-of-way provided that the radius of such cul-de-sac shall not be greater than 50 feet;
6.
Minimum lot depth shall be 175 feet;
7.
Minimum side yard shall be 40 feet each;
8.
Minimum front yard measured perpendicular from the edge of the street right-of-way shall be 75 feet;
9.
Minimum rear yard measured perpendicular from the rear lot line shall be 75 feet.
10.
Minimum lot coverage is 18%.
These lots do not have to meet the contiguous developable land or density adjustment factors. |
b.
Improved Nonconforming Lots and Buildings. Where a lot exists, as of October 2, 2001, improved by a residence but the building is nonconforming due to bulk or area requirements, then the following standards shall apply:
1.
The lot may be further improved upon by an addition or improvement to the residence, provided the addition or improvement:
(a)
Meets existing bulk requirements; or,
(b)
Is within the area of the enclosure by the extension of existing building facades only as depicted on Schedule G.[1]
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
2.
The existing building cannot be expanded vertically nor can a connection be made between buildings on the same lot, unless the vertical expansion or connection otherwise conforms to the bulk requirements.
c.
For any lot zoned residential and improved with a single-family residence as of October 2, 2001, the following reduced area, yard and bulk requirements apply and supersede the normal "Schedule of Limitations" of Schedule B of this chapter. The applicant is required to satisfy the Floor Area Ratio and maximum impervious coverage limitations.
Area, Yard and Building Requirements: 7,500 square feet to 20,000 square feet | |
|---|---|
Maximum building footprint | (See FAR) |
Lot width | 50 feet |
Lot depth | 150 feet |
Lot coverage | 15% |
Side yard | 15 feet |
Front yard | 35 feet |
Rear yard | 50 feet |
Area, Yard and Building Requirements: 20,001 square feet to 43,559 square feet | |
|---|---|
Maximum building footprint | (See FAR) |
Lot width | 100 feet |
Lot depth | 150 feet |
Lot coverage | 15% |
Side yard | 20 feet |
Front yard | 35 feet |
Rear yard | 50 feet |
Maximum building height | 35 feet or 2 stories |
1.
All AR Zone bulk, dimensional and setback requirements and other constraints shall apply to, all unimproved or improved lots that are equal to or greater than 43,560 square feet in area; however, any such improved or unimproved lot existing in the AR Zone as of the effective date of this paragraph may have a building permit issued for the construction of a single-family residence thereon or for an addition to the residence without the necessity of a variance from any of the requirements created by this paragraph, provided that all of the following conditions are satisfied:
(a)
As of October 2, 2001, the owner of the lot did not own adjoining property;
(b)
The lot satisfies the area, width, frontage, depth, and constraint requirements in existence immediately prior to October 2, 2001; and
(c)
Any proposed structure, addition, or part thereof, does not violate any front, rear, or side setback requirements in existence immediately prior to October 2, 2001.
(d)
This subsection shall not be construed to "grandfather" vacant, unimproved, undersized lots, or to permit the razing of a residence to gain the benefit of the exceptions contained in this subsection.
d.
Regulation of Nonconforming Structures and Uses. Any nonconforming use or structure existing at the time of the passage of an ordinance; making that use or structure nonconforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction.
Nothing in this Article shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Construction Official or other authorized State or Township Official. |
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 existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. 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 Land Use Board. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee. Denial by the administrative officer shall be appealable to the Land Use Board. Sections 59 through 62 of the act (C.40:55D-72 to C.40:55D-75) shall apply to applications or appeals to the Land Use Board. |