Franklin Township Adams County
City Zoning Code
City Zoning Code
ARTICLE VII
Nonconforming Uses, Structures, and Lots
§ 175-74 Purpose.
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.
§ 175-75 Register of nonconformities.
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.
§ 175-76 Abandonment of nonconforming uses or structures.
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.
§ 175-77 Alteration and reconstruction of nonconforming uses and structures.
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.
§ 175-78 Extensions or enlargements of nonconforming uses and structures.
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.
§ 175-79 Change of location or use.
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.
§ 175-80 Accessory uses.
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.
§ 175-81 Nonconforming lots.
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.
§ 175-82 Grandfathering provisions.
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.