A.
B.
Other requirements.
(1)
Nothing in this article shall be construed to affect in any manner any requirements that exist independent of this Chapter 18:1, such as requirements for approval by the County Health Officer as to water supply and disposal of sanitary wastes.
(2)
In the case of any conflict between other requirements
and the provisions of this article, the more restrictive shall control.
A.
Burden of proof. The burden of establishing that any lot, use, sign, or structure is a nonconforming lot, use, sign, or structure shall, in all cases, be upon the owner of the land.
B.
Status certificate. Upon written request from an owner
or the owner's agent, the Planning Director shall
issue a certificate certifying a lot, use, sign, building, or other improvement
as legally nonconforming:
A.
Authorized uses. Subject to the requirements
of this article, a nonconforming lot may be used
for any principal use allowed in the zoning district
in which the lot is located.
A.
Lots affected. This section applies
only to the location of a single-family detached dwelling on a nonconforming lot in a district where single-family residential uses are allowed. If the nonconforming
lot on which the dwelling is to be located does not meet an area, width, setback, or yard requirement established elsewhere in this Chapter 18:1, that requirement shall be modified to the extent authorized by the following provisions of this section.
B.
Open space. To the extent that the lot is physically unable to provide the open space required elsewhere in this Chapter 18:1, the open space shall be provided insofar as possible as determined by the Planning Director or Zoning Administrator.
C.
Area. If neither public water supply nor public sanitary
sewer is accessible and where an acceptable community water supply
and sewage system is not provided, the minimum lot area shall be that required by the Health Department.
D.
Width. Unless both a public or approved community
water supply and a public or approved community sanitary sewer are
to be provided, the minimum lot width shall be that
required by the Health Department.
E.
Setbacks. Subject to any further modification authorized
by the other provisions of this section, setbacks shall comply with
setbacks for the NC District that is closest to the nonconforming
lot in size.
F.
Front yards.
(1)
If the right-of-way of the road on which the lot fronts is less than 50 feet wide,
the depth of the front yard shall be the depth required for the zoning
district plus 25 feet, measured from the center line of the road.
(2)
If the average depth of at least two existing
front yards on lots within 200 feet of the center
line of the lot in question and within the same block is less or greater than the least front yard depth otherwise required by this Chapter 18:1, the front yard depth shall be the greater of:
G.
Side yards.
(1)
The sum of the side yard widths need not exceed
30% of the width of the lot, but in no case shall
any one side yard be less than 10% of the width of the lot.
(2)
The side yard width may be varied where the
side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In that
case, the average width of the side yard may not be less than the
otherwise required least width, but the side yard may not be narrower
at any point than the greater of:
(3)
If a side yard along the side street lot line of a corner lot abuts in the rear, either directly or across an alley, the side lot line of another lot in a district in which residences are allowed, then the side yard
shall have a width of not less than 1/2 the required depth of the
front yard on the other lot fronting on the side
street.
(4)
Width of side yard.
(a)
Upon proper request for a variance, the width of one side yard may be reduced by the Board of the Appeals
to a width of not less than three feet, provided that:
(b)
A reduction may be authorized only when the
Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
A.
In general. A nonconforming use may
not be changed to any use other than a use allowed in the zoning district in which it is located, except as
provided in this article.
B.
[1]Relocation. A nonconforming use, sign, or structure may not be moved, in
whole or in part, for any distance whatsoever to any other location
on the same or any other lot unless the entire lot and use, sign, or structure shall thereafter conform to the regulations for
the zoning district in which it is located after being moved.
[1]
Editor's Note: Former Subsection B, Disposal uses, was repealed
7-14-2009 by Ord. No. 09-07. This ordinance also redesignated former
Subsection C as Subsection B.
B.
Disposal
uses.
[Added 7-14-2009 by Ord. No. 09-07[1]]
(1)
The Board of Appeals shall grant conditional use approval before
any nonconforming disposal use is expanded in any manner.
(2)
The expansion of a non-conforming disposal uses may be permitted
on adjoining lands on parcels owned, wholly or partially, by the existing
surface mining permitee as of February 1, 2009, with the approval
of the Board of Appeals.
(3)
A nonconforming extraction use may not be changed to a nonconforming
disposal use and vice versa.
C.
Nonconforming building. A building that is not used for any nonconforming
use and is a nonconforming structure solely because it does not meet the setback requirements of this Chapter 18:1 may be enlarged, expanded, or extended to the extent permitted in the district in which it is located if:
D.
Nonconforming lot. A single-family
detached dwelling that is located on a nonconforming
lot in a district where single-family residential
uses are allowed may be enlarged, expanded, or extended to the extent authorized by § 18:1-127 of this Chapter 18:1 with respect to the initial construction of a dwelling on the nonconforming lot.
E.
Nonconforming residential use.
(1)
A single-family detached dwelling that is located in a district where single-family residential
uses are not allowed may be enlarged, expanded, or extended
to the extent that would be allowed on a lot in the
Neighborhood Conservation (NC) District that is closest in size to
the lot on which the dwelling is
located.
(2)
If the dwelling does not meet
the setback requirements of the NC District, the dwelling may be enlarged, expanded, or extended in accordance with this subsection
if the enlargement, expansion, or extension itself meets those setback
requirements.
F.
Limitation. Nothing in this section shall be construed
to allow any enlargement, expansion, or extension that would create
or involve:
[Amended 7-14-2009 by Ord. No. 09-07]
(1)
Any new, different or additional nonconforming use or status with respect to the dwelling or the lot on which it is located; or
G.
Exceptions. This section does not apply to:
(1)
The strengthening or restoration to a safe condition
of a structure in accordance with an order of a public
official who is charged with protecting the public safety and who
declares the structure to be unsafe and orders its
restoration to a safe condition, provided that the restoration is
not otherwise in violation of any other provisions of this article;
or
(2)
Normal maintenance and incidental repair of
a nonconforming use that does not violate any other
provision of this article.
A.
Damage, destruction or change of use.
(1)
In the event that any nonconforming
use, sign or structure is
destroyed by any means to the extent of more than 60% of the cost
of replacement of the use, sign or structure, or any nonconforming use, sign or structure is changed to a conforming use or another nonconforming use, the sign, structure or use may not be rebuilt, restored or reoccupied for any purpose unless it shall thereafter conform to all requirements of this Chapter 18:1.
(2)
Poultry houses and associated structures are exempt from the provisions of this section; however, the repair
or replacement of a nonconforming poultry house or associated structure shall not increase the setback nonconformity which
existed prior to the repair or replacement.
B.
Modification.
(1)
Whenever a nonconforming status is the result
of exterior lighting, landscaping, buffering or parking that do not comply with all requirements of this Chapter 18:1, upon application for site plan or amendment of any site plan, conditional use or subdivision approval related to the subject
property, the nonconformity shall, as a precondition to issuance of
that approval, be required to comply fully with all such requirements
to the extent possible.
C.
Accessory uses. A use, sign or structure that is accessory
to a principal nonconforming use or structure may not continue after the principal use or structure has ceased or terminated, unless the accessory sign, use or structure shall thereafter conform to all requirements of this Chapter 18:1.
D.
Extraction and disposal uses. Nonconforming
disposal uses may not renew operations once the use is discontinued for six months or more.[1]
[1]
Editor’s Note: This subsection was amended 4-14-2009
by Ord. No. 08-20. The amendments made by Ord. No. 08-20 were removed
pursuant to a decision of the Maryland Court of Special Appeals, which
held that Ord. No. 08-20 had been preempted by state law.
E.
Lapse of use generally.
(1)
Whenever a legal nonconforming use of any kind or character is discontinued, whether or not there is
an intent to resume the use, for any reason for a
continuous period of at least one year or is discontinued, whether
or not there is an intent to resume the use, for
any reason for more than nine months, whether or not continuous, in
each year over a three-year period, the nonconforming use may not be renewed or reactivated, and the status of the use as legally nonconforming shall be terminated.
F.
Nonconforming structures created
as a result of government actions. Whenever a legally existing use or structure is made nonconforming
as a result of the exercise of eminent domain by any local, state
or federal government or agency, the resulting nonconforming use or structure may be rebuilt,
restored and reoccupied in the event the nonconforming use or structure is damaged or destroyed by natural
disaster or fire to the extent of more than 60% of the cost of replacement,
provided that:
A.
C.
Discontinuance.
(1)
If the use of any nonconforming sign or sign structure is discontinued
for a period of 90 consecutive days, regardless of any intent to resume
or not to abandon such use, that nonconforming sign or sign structure shall be conclusively presumed to have been abandoned and shall not thereafter be reestablished except in full compliance with this Chapter 18:1.
(2)
For purposes of this section, "discontinued"
includes, for example:
(a)
Having electricity discontinued for lighted signs;
(b)
Having no message;
(c)
Having a message involving only a past time
or event;
(d)
Having a message that relates to a business
or activity which no longer operates at the location included in the
message; and
(e)
Failure to repair damaged signs.
(3)
"Discontinued" does not include any period during
which a nonconforming sign or sign structure is not used for sign purposes as a result of government actions, strikes, material shortages
or acts of God, and without any contributing fault by the nonconforming
user.
D.
Damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of more than 60%
of its replacement cost shall be terminated and may not be restored.
E.
Amortization of nonconforming signs.
(2)
The following types of nonconforming signs or signs that are nonconforming in any of the following ways shall be altered or removed to comply with the provisions of this Chapter 18:1:
(a)
Auxiliary signs;
(b)
Portable signs or other temporary signs;
(c)
Flashing signs, animated signs and moving signs;
(d)
Signs that obstruct free ingress
or egress from a fire escape, door, window or other required accessway;
(e)
Signs which by reason of size,
location, coloring, or manner of illumination obstruct the vision
of drivers or obstruct or detract from the visibility or effectiveness
of any traffic sign or control device; and
(f)
Signs that advertise a business
no longer conducted or a product no longer sold on the premises where
the sign is located.
(3)
Removal of any nonconforming off-premises sign (billboards) along federal aid highways is subject
to applicable federal and state regulations.
