New Franklin Non-Conforming Uses ordinance (§ 405.160)

A. Nothing contained in this Section shall require any change in the plans, construction or designated use of a building for which the building footings are in place at the time of the passage of this Chapter. Nothing contained in this Article shall require any change in the plans, construction or designated use of mobile home spaces or pads in mobile home courts for which the underground utilities and sewer connections are in place at the time of the passage of this Chapter.

B. Continued And Discontinued Use.

1. General. The lawful use of land or of a building existing at the time of the adoption of this Chapter may be continued although such use does not conform with the provisions of these Chapters and such use may be extended throughout such portions of buildings as are arranged or designed for such use, provided no structural alterations are made therein. The non-conforming use of open land shall not be extended to adjacent land. No new mobile home spaces shall be added adjacent to or within a non-conforming mobile home court unless the adjacent lands are located in a district where rental mobile home courts are a permitted use. A non-conforming use may be changed to another non-conforming use of the same or of a more restricted zoning classification. If changed to a conforming use or more restricted non-conforming use, a non-conforming use may not thereafter be changed back to a less restricted use than that to which it was changed. If by amendment to this Title any property is hereafter transferred to a more restricted district by a change in the district boundaries or the regulations and restrictions in a district are made more restrictive, the provisions of this Title relating to the non-conforming use of buildings, premises or open land existing at the time of the passage of this Chapter shall apply to buildings, premises or open land occupied or used at the time of the passage of such amendment.

2. Discontinuance of non-conforming uses of a building. No building or portion thereof used in whole or in part for a non-conforming use in a residential district, which remains idle or unused for a continuous period of one (1) year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential district in which it is located.

3. Discontinuance of non-conforming uses of open land. No open land used in whole or in part for a non-conforming use in a residential district which remains idle or unused for a period of sixty (60) days shall again be used except in conformity with the regulations of the residential district in which it is located.

4. Discontinuance of non-conforming uses of mobile home spaces and mobile home courts.

a. Mobile home spaces not located in a mobile home court. No mobile home space which is located outside of a mobile home court and which has been vacant for a continuous period of sixty (60) days or more shall again be occupied by a mobile home.

b. Non-conforming mobile home courts. A non-conforming mobile home court shall be considered vacant and unused only when all inhabited mobile homes have been removed from the mobile home court. A non-conforming mobile home court which remains vacant for a continuous period of sixty (60) days or more shall not again be occupied by a mobile home.

C. Repairs And Restoration. Repairs and improvements may be made to a non-conforming building or structure, provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to a conforming or more restricted use.

D. Destruction Of A Non-Conforming Use. No building which has been damaged by any cause whatsoever to the extent of more than seventy-five percent (75%) of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this Chapter and all rights as a non-conforming use are terminated. If a building is damaged by less than seventy-five percent (75%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.