Wicomico County, MD Nonconforming Uses and Nonconforming Special Exceptions

A nonconforming use may not be changed to a different nonconforming use, nor may the structure or structures of a nonconforming use be changed or enlarged, except with the permission of the Board of Appeals.

(1)

Such permission may be granted by the Board of Appeals only upon a finding, from a preponderance of the evidence produced at a public hearing, that:

(a)

The proposed change or enlargement will not adversely affect the health, safety and general welfare of the residents or workers in the area.

(b)

The proposed change or enlargement will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(c)

The proposed change or enlargement has been designed so as to minimize possible adverse effects on adjacent properties or on the immediately surrounding area.

(d)

The proposed change or enlargement will not adversely affect the transportation network or unduly burden water, sewer, schools, parks and stormwater management areas, including streams or other public facilities.

(e)

The proposed change or enlargement will not adversely affect the environment or historical assets of particular interest to the community as they may be identified in any adopted plan of the county.

(2)

When granting permission to make any such change or enlargement, the Board of Appeals may impose such conditions and restrictions as deemed necessary to mitigate any potential adverse impacts upon adjacent properties or the general area. To the maximum extent possible such change or enlargement shall comply with the minimum landscape standards established in Part 11.

(3)

The Zoning Administrator may permit a legal nonconforming single-family dwelling or manufactured home that is located in a C-1, C-2, C-3, I-1, or I-2 District to be enlarged or increase the lot size, without the approval of the Board of Appeals, provided such change or enlargement shall not result in:

(a)

A front yard of less than 10 feet;

(b)

Two side yards of less than five feet; and

(c)

A rear yard of less than 15 feet.

(4)

The Zoning Administrator may permit a legal accessory building to be added to a nonconforming residentially developed lot, without the approval of the Board of Appeals, provided such an accessory structure shall comply with the requirements of Part 6 and Part 7.

(5)

To the maximum extent possible, the minimum lot area for the district shall apply to all nonconforming uses. The land area of a nonconforming use shall not be reduced where such reduction would increase nonconformity as it relates to minimum lot size in the applicable zoning district or the minimum lot size for the existing use as may be established elsewhere in this chapter, whichever is greater.

(6)

Enlargement of nonconforming residences. Any residence in any district constructed prior to April 12, 1968, not conforming to the required front, rear and side yard setbacks, as established in this chapter, may be enlarged under the following circumstances:

(a)

Interior lot. The enlargement shall not extend any further into the minimum required setback lines than the existing structure.

(b)

Corner lot. The enlargement shall be permitted under the circumstances described in Subsection D(6)(a) herein, provided that the enlargement does not extend toward the street corner. An enlargement extending toward the street corner shall require a public hearing and approval from the Board of Appeals.

Nonconforming outdoor advertising structures that are completely destroyed or damaged more than 75% of their replacement value shall not be rebuilt except in conformity with this chapter.

A nonconforming use which shall remain idle and unused for a continuous period of one year, whether or not the fixtures or equipment are removed, shall be considered abandoned as a nonconforming use, and thereafter, such building or land shall only be used as a conforming use.

(1)

A licensed family day-care home within a nonconforming single-family dwelling shall not be held to this one-year continuous use period.

(2)

A nonconforming use which is partially or wholly destroyed by fire, act of God or other casualty beyond the control of the owner shall be reconstructed within one year from the destruction; however, the Board of Appeals may grant an extension of this time period upon a showing that strict compliance with this one-year period will cause unwarranted hardship or injustice and that such extension will not be contrary to the public interest.

A family day-care home not licensed prior to the date of this amendment may be conducted in a legal nonconforming dwelling by special exception of the Board of Appeals.

If a nonconforming use exists in a district where the use is subsequently classified as a special exception use, then the special exception standards apply.

§ 225-151 Nonconforming lots of record.

The following regulations shall apply to all lots of record which were existing prior to the effective date of this chapter:

Provided that all other regulations are met, a detached single-family dwelling unit may be erected in any district permitting such dwellings on any lot of record, existing as of the date of adoption of this chapter, even though such lot may not meet the requirements of this chapter with respect to minimum lot size, width or depth, or maximum density.

(1)

In the case of such lots, the minimum front setback requirements shall be determined by the Zoning Administrator based on the prevailing characteristics in the surrounding neighborhood for front yards;

(2)

For side setback requirements the minimum shall be five feet.

(3)

For rear setback requirements, the minimum shall be 15 feet.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no principal building upon it or if there is a principal building upon it which is physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition.

When a nonconforming lot of record can be used in conformity with all of the regulations applicable to the intended use, except that the lot size is smaller than the required minimums set forth herein, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a nonconforming lot of record.

§ 225-152 Nonconforming special exceptions.

Any use of land or building which now legally exists by virtue of a special exception having been granted by the Planning Commission or the Board of Appeals may continue under the terms and conditions of its original approval as amended, as a nonconforming special exception.

At the request of the current owner, the existing terms and conditions of a nonconforming special exception may be modified by the authority which originally approved the special exception use.

In all matters of this subsection, nonconforming special exceptions shall comply with the provisions of § 225-150D(1)(a) through (e).

To the maximum extent possible, all nonconforming special exceptions shall comply with the minimum landscape standards established in Part 11.

§ 225-153 Completion of nonconforming projects.

The requirements of this chapter shall not apply to any building, structure or use established pursuant to a valid zoning permit or building permit approved prior to the effective date of this chapter, provided some manifest commencement of work is undertaken and evidenced within 12 months after the effective date of this chapter. The requirements of any applicable permits and the regulations under which they were issued shall remain in full force and effect, subject to the provisions of Subsection E below.

The requirements of this chapter shall not apply to any building, structure or use proposed to be established pursuant to the following applications or matters pending on the effective date of this chapter:

(1)

Applications for building permit, provided that some manifest commencement of work is undertaken and evidenced within 12 months of the effective date of this chapter;

(2)

Applications for approval of a site plan or development plan, if such application received preliminary approval by the Planning Commission prior to the effective date of this section; and

(3)

Any matters pending before the Board of Appeals on appeal or by way of application for any matter of original jurisdiction before the Board of Appeals or the Planning Commission, if following a valid approval some manifest commencement of work is undertaken and evidenced within 12 months of the effective date of this chapter.

The requirements of this chapter shall not apply to lots shown on a preliminary subdivision plat approved before the effective date of this chapter, provided that the final plat shall have been recorded in the county land records within the time limits established in Chapter 200, Subdivision of Land, of the Wicomico County Code.

The requirements of this chapter shall not apply to lots shown on a final minor or any preliminary subdivision plat pending approval on the effective date of this chapter, provided that the requirements of the prior zoning regulations shall apply and the plat shall be approved by the Planning Commission within the time limits established in Chapter 200, Subdivision of Land, of the Wicomico County Code.

Nothing in this section shall be construed:

(1)

To affect the status of any use or structure involved in any such permit, application, approval or pending matter as a nonconforming use or structure under this chapter;

(2)

To extend, enlarge or otherwise affect the provisions of any prior regulations relating to the duration, expiration or termination of any such permit, application, approval or pending matter; or

(3)

To revive or give any other effect to any permit, application, approval or pending matter which has been, or is hereafter deemed to be, abandoned or terminated under the provisions of this chapter or any prior regulations which are applicable.