Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Denton, MD
Caroline County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index
A. 
Within the zones established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter, or future amendments.
B. 
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
C. 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the zone involved.
D. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined as the placing of materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
Notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record of this chapter, or amendment thereto, except in the RHC, I, and RP Districts. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone, provided that yard dimensions shall conform to the following requirements:
A. 
Side yard setback. The minimum side yard setback shall be established by the principal structure extant or that previously existed on the nonconforming lot or parcel. A survey or other approved documentation shall be provided to make the determination of existing setbacks.
[Amended 5-4-2017 by Ord. No. 685, effective 5-11-2017]
B. 
The rear yard need not exceed 20% of the depth of the lot, but in no case shall be less than 10 feet.
C. 
The front yard (setback) need not exceed that established by buildings on lots in the block in which the nonconforming lot is located.
D. 
The setbacks of vacant nonconforming lots of records shall be established in accordance with the provisions of Appendixes IV and V, 128 Attachments 4 and 5.
[Added 5-4-2017 by Ord. No. 685, effective 5-11-2017]
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B. 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
C. 
If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.
[Amended 5-4-2023 by Ord. No. 742, effective 5-14-2023
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
Structures with a nonconforming setback may be expanded, replaced, or moved along a line parallel to the existing nonconformity, provided all other applicable zoning, building, and fire codes are met. This expansion, movement, or replacement is allowed in front, rear, and side yards.
If a lawful use of a structure or of structures and premises in combination exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located, except single-family dwellings, shall be expanded, enlarged, extended, constructed, reconstructed, moved, or structurally altered unless approved by the Board of Appeals and shall be subject to the following restrictions and criteria:
(1) 
Applications shall be subject to the procedures, requirements, and findings for a special exception from the Board of Appeals as set forth in § 128-163, except that with respect to the required finding that the proposed use be in accord with the Town's Comprehensive Plan, the Board of Appeals need not consider a conflict with any maps indicating zoning or use of the property.
(2) 
Expansion or construction of a new structure used or to be used for a nonconforming use or uses shall be limited to no more than 20% of the gross floor area of the nonconforming use existing on the date the use became nonconforming, or 1,000 square feet of additional gross floor area, whichever is less.
(3) 
Expansion of areas of a nonconforming use not involving structures, such as outdoor parking and storage, shall be limited to no more than 10% of the site area existing on the date the use became nonconforming.
B. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for use at the time of adoption or amendment of this chapter, but any additional expansion of the nonconforming use shall comply with Subsection A above.
C. 
Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter.
D. 
Any structure, or structure and land in combination, in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
E. 
Except as provided herein, when a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located. The Board of Appeals may grant a special exception to allow for the continuance of a nonconforming use that has been discontinued or abandoned so long as the application for such special exception (1) is filed prior to the nonconforming use's lapsing under the terms of this subsection; or (2) is filed to allow the resumption of the multifamily use of a residential structure that does not require structural or interior alterations and that otherwise demonstrably retains its character as a multifamily structure. In considering an application for a special exception under this section, the Board may consider the cost to bring the structure into compliance with the regulations of the zone and the presence of similar nonconforming uses in the vicinity of the structure.
[Amended 12-11-2014 by Ord. No. 663]
F. 
Where nonconforming use/status applies to a structure and premises in combination, removal or destruction of the structure, not related to fire or natural cause, shall eliminate the nonconforming status of the land. A nonconforming use that is destroyed by fire or natural cause may be restored or reconstructed at the same location, provided that:
(1) 
Restoration must be started within one year of the destruction and completed in accordance with the building permit.
(2) 
The Director of Planning may grant a single extension of this time limit, for a period not to exceed one year, only to the same property owner or his or her heirs.
(3) 
The restored use shall not increase the extent of the nonconformity.
(4) 
A restored or rebuilt structure that is to be occupied by the nonconforming use must be an in-kind replacement of the destroyed structure.
(5) 
If the use is not replaced or restored within the required time period, any future use on the site shall comply with the current zoning requirements.
A. 
Continuation of existing uses. Continuation, but not necessarily the intensification or expansion, of any use in existence by March 1989 will be permitted, unless the use has been abandoned for more than one year or is otherwise restricted by existing ordinances or regulations. If any existing use does not conform with the provisions of the Critical Area Program, its intensification or expansion may be permitted only in accordance with the variance procedures outlined in § 128-163.
B. 
Residential density. Except as otherwise provided, the types of land use described in the following subsections will be permitted in accordance with the density requirements in effect prior to the adoption of the Denton Critical Area Program (March 1989), notwithstanding the density provisions of the program. A single-family lot or parcel of land that was legally recorded as of March 1989 can be improved with a single-family dwelling if a dwelling is not already placed there (notwithstanding that such development may be inconsistent with the density provisions of this chapter), provided that:
(1) 
It is on land where the development activity has progressed to the point of pouring of foundation footings or the installation of structural members;
(2) 
It is a legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985, and land that was subdivided into recorded, legally buildable lots, where the subdivision received final subdivision plat approval prior to June 1, 1984, if:
(a) 
At the time of development, the land is brought into conformance with the Critical Area Program and meets the requirements of § 128-159.1, including the consolidation or reconfiguration of lots not individually owned; or
(b) 
The land received a building permit subsequent to December 1, 1985, but prior to March 1989.
(3) 
It is on land that was subdivided into legally recorded buildable lots where the subdivision received final subdivision plat approval between June 1, 1984, and December 1, 1985; and
(4) 
It is on land that was subdivided into recorded, legally buildable lots, where the subdivision received final subdivision plat approval after December 1, 1985, and provided that either the development of any such land conforms to the IDA, LDA or RCA requirements in this chapter or the area of the land is counted against the growth allocation permitted under this chapter, or was approved by the Critical Area Commission at the time of approval of the Denton Critical Area Program.
C. 
Nothing in this section may be interpreted as altering any requirement for development activities set out in the water-dependent facilities section or the habitat protection section of the Denton Critical Area Program and any related implementation requirements contained in this chapter. See §§ A129-11 and A129-4 of Chapter A129, Critical Area Program.
A. 
An application for development activity that involves the consolidation or reconfiguration or adjustment of parcel boundaries of existing lots of record in the critical area shall design and implement the project to bring the lands into conformance with the Denton Critical Area Program to the maximum extent possible and to minimize adverse impacts to water quality and fish, wildlife, and plant habitat.
B. 
The following performance standards for these projects shall be used to assess the project relative to the goals of the Critical Area Program. At a minimum, all applications must fully address all of the following standards, which shall be reduced to written findings by the Director of Planning:
(1) 
Except for an approved minor boundary line adjustment, as defined by § 128-8 of this chapter, the proposed consolidation or reconfiguration of existing lots, parcels, or dwelling units in the critical area will result in no greater number of lots, parcels, or dwelling units in the Critical Area and that all of the existing lots were considered legally buildable at the time of recordation.
(2) 
In the Limited Development Area or Resource Conservation Area, the proposed consolidation or reconfiguration of existing lots:
(a) 
Will result in no greater lot coverage than development activities within the configuration in existence at the time of application would allow; and
(b) 
Will result in no greater impact to a steep slope than development activities within the lot configuration in existence at the time of application would allow, if that steep slope is located outside the buffer or expanded buffer.
(3) 
The proposed consolidation or reconfiguration does not:
(a) 
Create an additional riparian parcel or lot, waterfront lot, or any other parcel or deed with water access; or
(b) 
Intensify or increase impacts associated with riparian access.
(4) 
The proposed consolidation or reconfiguration does not create:
(a) 
A parcel, lot or portion of a parcel or lot that will serve development activities outside the Critical Area; or
(b) 
A Resource Conservation Area parcel or lot that serves development activities in the Intensely Developed Area or Limited Development Area.
(5) 
The proposed consolidation or reconfiguration of existing lots identifies proposed impacts to Habitat Protection Areas (HPAs). Where impacts to HPAs are proposed in conjunction with the reconfigured or consolidated lots, the impact must not result in any greater impact than would result from development activities within the configuration in existence at the time of application. The applicant must identify protective and restoration measures to mitigate the impacts to ensure that the development activities within the configuration will provide for the least possible adverse impact.
(6) 
The proposed consolidation or reconfiguration of existing lots will meet or exceed the Town's stormwater management requirements.
(7) 
The proposed consolidation or reconfiguration fully complies with the afforestation and reforestation requirements in COMAR 27.01.05 and 21.07.09, unless clearing is necessary to avoid a Habitat Protection Area.
C. 
Any application for lot consolidation or reconfiguration shall contain the following:
(1) 
A plan drawn to scale in accordance with the procedures for subdivision under Chapter 73 of the Denton Town Code;
(2) 
The date of recordation of each legal parcel of land or recorded, legally buildable lot to be consolidated or reconfigured;
(3) 
A statement from the Denton Director of Planning certifying that the proposed lots or parcels for review are grandfathered;
(4) 
A plan showing all existing and proposed lot or parcel boundaries;
(5) 
A table indicating the number of existing lots or parcels and the number of proposed lots or parcels; and
(6) 
A narrative addressing each of the required findings set forth in this section.
D. 
The Director of Planning shall issue a written decision granting or denying the application for consolidation or reconfiguration which addresses the standards set forth in § 128-159.1B. After the Director of Planning issues a written decision, he shall send a copy of the decision and, if applicable, the approved development plan, within 10 business days by United States mail to the Critical Area Commission.
E. 
The Critical Area Commission, the Town, or any department or commission thereof, or any person aggrieved by the decision of the Director of Planning may file an appeal of the decision of the Director of Planning to the Board of Appeals by filing a notice of appeal with the Director of Planning specifying the grounds thereof within 30 days. For an appeal by the Critical Area Commission, the thirty-day period shall commence on the date of the Commission's receipt of the final decision or order. For all other appellants, the thirty-day period shall commence on the date of the final written decision or order.
F. 
No permit or approval of any type may be issued for the activity for a property that is affected by the final written decision or order until after the expiration of the time within which an appeal may be filed.
G. 
In the event any provision of this section conflicts with any provision of state law, the stricter provision shall apply.
A. 
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or in repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubic content of the building, as it existed at the time of the passage or amendment of this chapter, shall not be increased.
B. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such zone.