The Zoning Officer, upon receipt of an application for confirmation of nonconforming status of any lot or structure within the borders of the Township of Franklin, shall issue a certificate of nonconformance for the lot or building in question, provided that the Zoning Officer is satisfied that the lot or building is nonconforming as a result of a change in the zoning laws of the Township of Franklin since the original construction of the structure or subdivision of the lot.

An application shall contain the name and address of the applicant, the nature of the request, the tax lot and block number of the property, and describe any buildings or structures on the property.

Should the Zoning Officer need additional information not contained in the application in order to determine the status of the nonconforming use or structure, the applicant shall provide any and all information requested by the Zoning Officer which is within the applicant's knowledge or possession.

If the Zoning Officer has questions regarding the use or construction of the structure or if it is the Zoning Officer's opinion that the applicant has failed to supply sufficient information to allow the Zoning Officer to make a valid decision, the Zoning Officer may either deny the application or refer the application to the Land Use Board, in which case the applicant shall file its application with the Land Use Board as provided herein.

If the Zoning Officer fails or refuses to issue a certificate, he shall notify the applicant, in writing, as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-72, notice of which shall be given in accordance with N.J.S.A. 40:55D-12.

An application to the Zoning Officer shall be accompanied by payment of a fee as shown on the current fee schedule (Chapter 225). If a site visit is required, an additional fee as shown on the current fee schedule (Chapter 225) shall be required. An application to the Land Use Board shall be accompanied by payment of a fee as required by Chapter 225, Fees.

Any nonconforming use or structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within one year after damage occurs and shall completed within two years of such date or such use shall not be rebuilt except as a conforming use.

Any building totally destroyed in the manner aforesaid may only be rebuilt in conformity with current standards.

Completion of existing buildings. A building for which a permit has heretofore been issued and construction diligently prosecuted within six months of the date of such permit may be completed in accordance with said plans.

Normal maintenance and repair of a nonconforming structure or use is permitted, provided that it does not extend or expand a nonconformance.

Any lot not adjacent to property in common ownership or any lot within a major subdivision whose infrastructure construction has commenced and which is or becomes nonconforming on the date of adoption of this section shall be governed by the R-3.0 Zone standards for width, depth and setback set forth on the Schedule of Zone Requirements (§ 220-8), except that no lot which has become nonconforming in lot area may be further subdivided.

A lawfully existing nonconforming residential use or structure may be expanded to provide additional living space, provided that the expansion will not increase the number of dwelling units on the property, will not encroach upon any nonconforming front, side or rear setback and will not expand that portion of the structure which is in the nonconforming setback.

An existing single-family residence in the NB, AR-7.0, or RR-5.0 Zoning District may be extended, enlarged, altered, remodeled, repaired or modernized, even if the addition, expansion or modernization shall extend into the front yard area required by this chapter, provided the addition, extension or modernization shall not encroach further into the front yard than the residence to which it is being added.

Existing single-family residences in the AR-7.0 and RR-5.0 Zoning Districts and existing and proposed permitted accessory structures may be extended, enlarged, constructed, altered, remodeled, repaired, or modernized, subject to the following minimum requirements:

Existing single-family residences in the NB Zoning District and permitted accessory structures may be extended, enlarged, constructed, altered, remodeled, repaired, or modernized, subject to the following requirements:

No provision of this chapter pertaining to an airport hazard area shall require the removal or lowering or other change or alteration of any structure or tree not conforming to the rules as adopted April 15, 1985.

A preexisting land use not in conformance with the provisions pertaining to an airport hazard area may, at the discretion of the Township, be classified as either nonconforming or conditional. For such preexisting land uses, a property owner may seek and the Township may grant on a one-time basis up to 10% expansion of such a nonconforming or conditional use without having to obtain a permit from the New Jersey Commissioner of Transportation under the provisions of this chapter and N.J.A.C. 16:62.

The provisions in Subsection B above allowing up to a ten-percent one-time expansion of preexisting land use not in conformance with the rules pertaining to an airport hazard area apply to land use provisions only. Expansion of a vertical development not in conformance with the rules pertaining to an airport hazard area may be done only after the granting of a permit from the New Jersey Commissioner of Transportation under the provisions of this chapter and N.J.A.C. 16:62.

All lands that lie within the boundaries of an airport hazard area shall comply not only with the regulations and standards set forth in this chapter and all other ordinances of this Township but also with the minimum obstruction standards established in N.J.A.C. 16:62-4.1 and 16:62-4.2 and the minimum land use standards established in N.J.A.C. 16:62-5.1.