Franklin Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE XIII
Nonconforming Lots, Uses and Structures
§ 330-61 Applicability.
A.
The provisions of this article apply to buildings, structures and uses which become nonconforming as the result of the application of any part of this chapter to them or the application of any subsequent amendment.
B.
The use of a property, structure or building lawfully in existence prior to the adoption of this chapter, but made nonconforming as the result of the passage of this chapter or later amendments, and maintained lawfully since becoming nonconforming, may be continued indefinitely as provided for in this article.
C.
Any lot recorded prior to the adoption of this chapter, but lacking sufficient area and/or width to meet the minimum requirements of the zone district in which the lot is located, may be developed as for any other lot in the zone district, provided such a lot does not abut another lot or other lots in the same ownership, and development occurs in accordance with § 330-42B of this chapter.
§ 330-62 Expansion of nonconforming uses.
A.
A nonconforming use may be expanded by right to utilize any portion of the property that has been an integral part of the nonconforming use since the adoption of this chapter. This may include storage yards, parking lots and similar areas, but such expansion shall not violate any required setbacks from property lines, lot coverage, maximum building height limits or landscape buffering regulations.
B.
If one or more additional stories are to be added to a building containing a nonconforming use, the total floor area within the building shall not be increased more than 100%, provided the maximum height for buildings in the zone district where the property is located is not exceeded.
C.
A nonconforming use shall not be extended to displace a conforming use.
§ 330-63 Termination of nonconforming uses.
A.
If a nonconforming use is discontinued or abandoned for a period of at least three years for any reason, use of the property thereafter shall be in conformance with the regulations of this chapter.
B.
Closing of a business, shutting off of utilities, or removal of stock-in-trade, furnishings and/or equipment used in the nonconforming operation shall be evidence of discontinuance. A good faith active effort backed by written documentation on the part of the owner to sell the nonconforming use in the same location shall indicate an intent not to abandon. However, no active attempt to sell or the lack of documentation shall indicate an attempt to abandon.
C.
The property owner may petition the Planning Commission for an indefinite extension, if he/she can prove illness or financial crises has created a hardship preventing reopening of the nonconforming use within the first year after discontinuance. The Commission shall refer its recommendations to the Board of Supervisors for a final decision.
§ 330-64 Change from one nonconforming use to another; change to conforming use.
A.
Persons proposing to change a nonconforming use to a second nonconforming use may submit an application to the Planning Commission requesting the second use and describing in detail the nature of the proposed use. If the Commission determines that the second use will have a less detrimental effect on the neighborhood than the current use, the Commission shall recommend to the Board of Supervisors approval of the second use. The Board shall make the final decision and may attach conditions to approval intended to protect adjacent and nearby conforming uses and the public health and safety.
B.
If a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.
C.
When a nonconforming use of a building or structure and outside area of the same property exist in combination, the removal of the building or structure shall terminate the nonconforming use of the premises unless the owner files notice with the Zoning Officer that he/she intends to replace the building or structure within one year of the date of removal.
§ 330-65 Transfer of ownership of nonconforming use.
A.
A nonconforming use may be sold, leased or bequeathed by one owner to another party.
B.
Each succeeding owner of a business nonconforming use shall request approval from the Zoning Officer before commencing operations, to assure that the use will be carried on in the same manner as before. If any doubt exists, the Zoning Officer shall refer the owner to the Planning Commission, which shall consider if a change of use will be occurring and, if so, will proceed as required by § 330-64A.
§ 330-66 Restoration of nonconforming uses.
Any nonconforming building or structure which is accidentally damaged or destroyed, or is in a dilapidated condition, may be restored or rebuilt to be used as before, provided that the restoration or rebuilding does not make the building or structure more nonconforming than previously as to its height or setback from property lines, and provided, further, that the restoration or rebuilding is completed within one year of the date the damage or destruction occurred or the date of insurance settlement, unless the Planning Commission recommends and the Board of Supervisors grants an additional year to complete the work because a hardship is created for the owner by the one-year limit.
§ 330-67 Repair and maintenance of nonconforming uses.
A.
Normal maintenance and repair and incidental alteration of a building or structure containing a nonconforming use is permitted.
B.
A building containing residential nonconforming uses may be altered in any way to improve interior livability and/or safety, provided no structural alterations are proposed which would increase the number of dwelling units or number of occupants to more than are permitted by right.
C.
If a property owner secures a permit for a building, structure or alterations to contain a use that is permitted in the zone district where the property is located, he/she may commence the construction within six months of getting the permit and may apply for permit renewals, even though this chapter may be amended after the permit is issued making the use and/or building nonconforming.
§ 330-68 Record of nonconforming uses, structures and lots.
The Board of Supervisions may, at its discretion, direct the Zoning Officer to identify and register all nonconforming uses, structures and/or lots within Franklin Township and the reasons why each is a nonconforming use, structure and/or lot.