Franklin City Zoning Code

NONCONFORMITIES

§ 152.150 PURPOSE.

The purpose of this section is to regulate and limit the continued existence of uses and structures lawfully established prior to the effective date of this chapter, or any amendment thereto, that do not conform to this chapter, as amended. Any nonconformity created by a change in the classification of property or the text of these regulations shall be regulated by the provisions of this subchapter. As used in this subchapter the term, “effective date of this chapter, or any amendment thereto,” refers to the date of the chapter which first rendered a use, structure or land nonconforming.

(Ord. passed 10-1-07)

§ 152.151 NONCONFORMING USES.

A nonconforming use is a use of land, buildings, or structures that was lawfully established prior to the effective date of this chapter, or any amendment thereto, but which does not conform to the regulations for the zoning classification in which it is located. Nonconforming uses may be continued subject to the limitations noted herein.

(A) No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming; provided, however, a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

(B) No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless such building or structure is thereafter devoted to a conforming use; provided, however, such building or structure may be enlarged or extended upon prior authorization from the Board of Adjustment, which authorization shall not be granted unless the Board of Adjustment makes each of the following findings of fact:

(1) The proposed enlargement or extension shall be de minimis in relation to the existing building or structure;

(2) The proposed enlargement or extension shall not increase the intensity of the nonconforming use, which is to say, it will not result in an increase in dwelling units for a residential use nor in gross floor area for a nonresidential use;

(3) The proposed enlargement or extension is designed so that it will not render the use of the property any less compatible than it is in its existing circumstances;

(4) The authorization of such proposed enlargement or extension is not otherwise contrary to the public health, safety or welfare.

(C) (1) A nonconforming use of a structure may not be changed to another nonconforming use unless such change is authorized by the Board of Adjustment. In order to authorize a change in nonconforming use, the Board of Adjustment shall consider the relative impacts of the existing nonconforming use and the proposed nonconforming use with regard to traffic, noise, pollution, visual appearance and compatibility with the neighborhood, and shall make each of the following findings:

(a) The proposed use is expected to result in impacts which are less than those associated with the existing use;

(b) The proposed use will be more compatible with the surrounding neighborhood than is the existing use;

(d) Failure to approve the change in nonconforming use would result in a hardship to the owner of the property on which the nonconforming use is situated.

(2) An existing nonconforming use shall be discontinued within 60 days of the date of approval of a change in nonconforming use. Subsequent to that time, such existing use shall become unlawful.

(D) Where a nonconforming use ceases for 180 consecutive days, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of this chapter. Vacancy and non-use of the building or structure, regardless of the intent of the owner, shall constitute discontinuance under this provision.

(E) Where a building or structure devoted to a nonconforming use is damaged to the extent of 50% or more of its current value, such building or structure, if restored, shall thereafter be devoted to conforming uses.

(Ord. passed 10-1-07)

§ 152.152 NONCONFORMING STRUCTURES.

A nonconforming structure is a building or other structure which lawfully existed prior to the effective date of this chapter, or an amendment thereto, and which no longer could be built under the terms of this chapter, as amended, by reason of restrictions on area, footprint, open space, building height, setbacks, lot width, or other requirements concerning the structure.

(A) A nonconforming structure devoted to a use permitted in the zoning classification in which it is located may continue to be used only in accordance with the provisions of this section.

(B) Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

(C) Except as provided in divisions (D) and (E), below, a nonconforming structure shall not undergo a change of use, renovation or expansion.

(D) A nonconforming structure may undergo a change of use or renovation without having to bring the structure into conformity with the requirements of these regulations, provided that:

(1) The change in use or renovation does not increase the floor area of the structure;

(2) The change in use is to a permitted use within the district; and

(3) The number of parking spaces provided for the use is in conformity with the requirements of these regulations.

(E) A nonconforming structure may be expanded, without bringing the nonconforming structure into conformity with these regulations, only if the part of the structure to be expanded and the area of the lot into which the expansion is taking place are both brought into conformity with the requirements of this chapter.

(F) A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning classification in which it is located.

(G) Where a nonconforming structure is damaged by fire, flood, wind, or other act of God, and such damage does not exceed 50% of the current assessed taxable value of the structure, it may be restored to its original dimensions and conditions as long as a building permit for the restoration is issued within twelve months of the date of the damage.

(Ord. passed 10-1-07)

§ 152.153 NONCONFORMING VACANT LOTS.

A nonconforming vacant lot is a lot that was lawfully created prior to the effective date of this chapter, or any amendment thereto, but which does not conform to the minimum gross land area or minimum lot requirements for the zoning classification in which it is located.

(A) Except as provided herein, a nonconforming vacant lot may be used for any of the uses permitted by this chapter in the zoning classification in which it is located, provided that the use meets all limitations and minimum requirements for setback and yards, height, open space, buffers, screening, parking, density and floor area required in this ordinance for the zoning classification in which the lot is located.

(B) If compliance of the structure(s) intended on the nonconforming lot with applicable setback requirements is not reasonably possible, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback requirements by the Board of Adjustment in accordance with the provisions of §§ 152.070 - 152.078.

(C) With regard to residential dwellings, variances authorized pursuant to division (B), above, shall be limited to single-family dwellings. Two-family or multi-family residential dwellings shall not be entitled to such a variance.

(D) Where a nonconforming lot abuts another lot of record (whether conforming or nonconforming) held in the same ownership at or subsequent to enactment of this section, such lots shall be combined or recombined as necessary to form a conforming lot or lots and shall not thereafter be subdivided except in compliance with all of the requirements of this chapter. Where a nonconforming lot was created by public taking action or as a result of a court order, the above combination or recombination of lots shall not be required.

(Ord. passed 10-1-07)

§ 152.154 REPAIRS AND MAINTENANCE.

Minor repairs to and routine maintenance of land, buildings, structures, or other development of land devoted to a nonconforming use or having nonconforming structures are permitted, provided the cost of such repairs and maintenance within any 12-month period does not exceed 10% of the current assessed taxable value of the land, buildings, structure, or other development of land. Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the Land Use Administrator because of lack of repairs and maintenance shall not be restored, repaired, reconstructed, or used except in conformity with the provisions of this section. Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the Land Use Administrator, but not because of lack of repairs and maintenance, may be repaired and restored subject to the requirements of this section.