Franklin Township City Zoning Code
PART 21
NONCONFORMING USES, STRUCTURES, BUILDINGS, LOTS AND SIGNS
§ 27-2101 Application of Regulations.
[Ord. 95-07, 12/14/1995, § 2000]
The following regulations shall apply to existing uses, structures, buildings, lots and signs which do not conform to the provisions of any subsequent amendment hereto.
§ 27-2102 Nonconforming Uses.
[Ord. 95-07, 12/14/1995, § 2001]
1.
Except as provided in this Part, any lawful use existing at the time of passage or amendment to this chapter may be continued, provided the following are upheld:
A.
Continuation. Any lawful nonconforming use of a structure or of land legally existing on the effective date of this chapter may be continued, except as otherwise herein provided.
B.
Extension of Use. Any nonconforming use of land exclusive of buildings and the use contained within may be extended upon the lot which it exists at the time of the effective date of this chapter. Such extension shall conform to the area and bulk requirements and design standards of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot on which was in existence on the effective date of this chapter. The area devoted to such extension shall not be increased by more than 50% of the area so used as of the effective date of this chapter.
C.
Change in Use. Any lawful nonconforming use of a building or of land may be changed to another nonconforming use of substantially the same character by a grant of a special exception by the Zoning Hearing Board. The provisions of § 27-2107 shall govern the review of nonconforming uses. Whenever the nonconforming use of a building or of land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
§ 27-2103 Nonconforming Buildings and Structures.
[Ord. 95-07, 12/14/1995, § 2002]
1.
Except as provided in this Part, any building or structure existing at the time of passage or amendment to this chapter may be continued, provided the following are upheld:
A.
Continuation. Any lawful nonconforming building or structure legally existing on the effective date of this chapter may be continued, altered or enlarged, provided such alteration or enlargement shall not increase or, except as set forth below, extend the nonconformity with respect to existing setback, coverage and density requirements in effect at the time such alteration or enlargement is proposed.
B.
Restoration. A lawful nonconforming building or structure which has been destroyed by fire, or some other calamity, to an extent of not more than 75% of its fair market value, may be restored in the same location, provided:
(1)
The restored building or structure shall not exceed the height, area or bulk of the damaged or destroyed building or structure.
(2)
Restoration shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
C.
Extension. A lawful nonconforming structure may be enlarged or altered only to the extent that it does not increase the extent of the nonconformity.
§ 27-2104 Nonconforming Lots.
[Ord. 95-07, 12/14/1995, § 2003]
1.
A lot held at the effective date of this chapter in single and separate ownership and which does not meet the required minimum area or dimension requirements, or is of such unusual dimensions to prevent required open spaces from being provided, may be used or have a building erected or altered upon it.
2.
A granting of variances by the Zoning Hearing Board shall be required for any building or structure upon a nonconforming lot. The provisions of § 27-2107 shall govern the review of uses on a nonconforming lot. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure.
§ 27-2105 Nonconforming Signs.
[Ord. 95-07, 12/14/1995, § 2004]
Any sign existing at the effective date of this chapter that does not conform to the provisions of Part 20 shall be considered a nonconforming sign. All nonconforming signs shall be made conforming or removed within three years of the effective date of this chapter. During the three-year period, lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions of the existing sign.
§ 27-2106 Abandonment.
[Ord. 95-07, 12/14/1995, § 2005]
If a lawful nonconforming use of land or of a building or structure is abandoned, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
§ 27-2107 Criteria for Permitting Nonconformance.
[Ord. 95-07, 12/14/1995, § 2006]
1.
In considering a special exception or variance to permit a nonconforming use, building or structure to occur, or to permit a use building or structure to occur on a nonconforming lot, the Zoning Hearing Board shall consider the following criteria:
A.
Nonconforming Lots. The proposed use conforms to the permitted uses in the district in which such lot lies.
B.
Nonconforming Buildings and Structures. The alteration or expansion of such buildings and structures conforms to the building height requirement.
C.
Nonconforming Use. The design standards imposed for uses within the applicable district have to be appropriately applied to the use of the lot.
D.
General. The criteria established under § 27-2205 for special exceptions have been complied with.
§ 27-2108 (Reserved) [1]
[1]
Editor's Note: Former § 27-2108, Registration of Nonconforming Uses, Buildings and Structures, adopted 12/14/1995 as § 2007 of Ord. No. 95-07, was repealed by A.O.
