Franklin Zoning Ordinance

02 15 Chapter NONCONFORMITIES General Provisions Franklin Zoning Ordinance Effective January 1, 2023 2.1 General Provisions 2.1.1 Applicability Any principal or accessory use, structure, lot of record, sign, or tower that was lawfully established before the effective date of this Ordinance and no longer complies with this Ordinance is considered nonconforming. Nonconformities shall be allowed to continue pursuant to this Chapter. 2.1.2 Determination of Nonconformity Status The burden of establishing that a nonconformity lawfully exists shall be on the owner of the property on which the purported nonconformity is located. 2.2 Nonconforming Uses 2.2.1 Change of Use A. A nonconforming use shall not be changed to or replaced with another use unless that use conforms to the requirements of this Ordinance. B. A change in occupancy or ownership shall not, by itself, constitute a change of use. C. If the use is changed to, or replaced by a conforming use, it shall lose its nonconforming status. 2.2.2 Discontinuance or Abandonment of a Nonconforming Use A. When a nonconforming use is discontinued or abandoned for a period of 30 months, as specified by T.C.A. § 13-7-208, the use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such property or structure shall comply with the regulations of the zoning district in which such land or structure is located. B. Operation only of an accessory use to the principal nonconforming use during the 30-month period shall not constitute continuation of the principal nonconforming use. 2.2.3 Expansion of a Nonconforming Use Nonconforming uses may be expanded, provided the following is met: A. The nonconforming use shall not be enlarged, expanded, or altered in a way that increases the degree of nonconformity. Any proposed expansion must conform to all other applicable standards of this Ordinance. For example: 1. The expansion of a nonconforming use cannot include any additional uses not permitted by the applicable zoning district; and 2. A duplex use in a single-family residential district is not permitted to add any additional dwelling units, inclusive of accessory dwellings. B. The type, size, and intensity of the proposed expansion, including such considerations as the size of the site, the location of the nonconforming use upon it, the hours of operation, the amount of noise generated, and the number of people who are likely to patronize the use will be adequate with respect to minimizing any negative impacts on adjoining lots and avoiding nuisances to adjacent landowners; and C. The nonconforming use shall not be expanded through the acquisition of additional land beyond that in use by the nonconformity on the effective date of this Ordinance.