[Amended 10-13-2010]
[Amended 1-19-2012]
A.
General Provisions
1.
In order to effectively implement the stated goals of the Calvert
County Comprehensive Plan and Town Center Master Plans, if applicable,
uses that do not conform to those goals shall be strictly regulated
by the provisions of this Ordinance.
2.
A Non-Conforming Use is defined as a use which lawfully existed prior
to the adoption or amendment of this Ordinance, but, by virtue of
the adoption or amendment of this Ordinance, is no longer a permitted
use in the Zoning District within which it is located. For the purposes
of this Section, the "date of nonconformity" shall be the date of
the adoption or amendment of this Ordinance; the adoption or amendment
of which rendered a use non-conforming.
3.
See Section 8-1 of this Ordinance for requirements regarding non-conforming
uses in the Critical Area.
B.
Certificates of Non-Conformity
[Amended 1-19-2012]
1.
Upon the request of a property owner, the Zoning Officer may issue
a Certificate of Non-Conformity to establish the existence of a Non-Conforming
Use, as defined herein. The Certificate shall include, among other
information:
a.
The date of non-conformity, which is the date of the adoption or
amendment of this Ordinance; the adoption or amendment of which rendered
a use nonconforming.
b.
The Zoning Ordinance Section(s) which caused the previously legal
conforming use to become a Non-Conforming Use, and the date on which
the Section(s) were adopted or amended.
2.
The Zoning Officer shall establish procedures and appropriate forms
for processing requests for Certificates of Non-Conformity.
3.
A request for a Certificate of Non-Conformity for a Non-Conforming
Use shall include the following information:
a.
Evidence, as described below, clearly demonstrating that the use
has continuously existed without interruption from the date of non-conformity
through the application date for the Certificate of Non-Conformity
(except such lapses as permitted by Section 2-6.01.F herein). Such
evidence may include, for example:
i.
Photographs of the property (ground level, overhead or aerial
photographs) that clearly depict the use and include the date on which
the photographs were taken.
ii.
A valid building, grading, or use and occupancy permit substantiating
the date of non-conformity and the legal status of the use.
iii.
Other records, including tax records, receipts, etc., which
establish that the use existed on the property as of the date of non-conformity.
iv.
A plat or site plan of the subject property, prepared and stamped
by a Registered Surveyor, which clearly depicts the location of all
buildings, structures, and the area used by the Non-Conforming Use.
C.
Continuation of Lawfully Existing Uses
Any use lawfully existing at the time of the adoption or amendment
of this Ordinance may continue to be used even though such use is
no longer permitted in the Zoning District in which it is located.
Non-Conforming Uses may continue even if ownership of the property
changes.
D.
Expansion of Non-Conforming Uses
1.
The Board of Appeals may approve expansion of a Non-Conforming Use
provided that such expansion is restricted to 50 percent of the square
footage of the area occupied by the use at the time the use originally
became nonconforming under this or any previous Zoning Ordinance (date
of nonconformity). The intent of this Section is to limit the amount
by which a Non-Conforming Use may be expanded as of the date the use
was deemed nonconforming by any Ordinance, past or present.
2.
For a Non-Conforming Use that does not involve a building or structure,
the area of the lot utilized by such a use as of the date of non-conformity
may be expanded by up to 50 percent if approved by the Board of Appeals.
3.
The criteria to be applied by the Board of Appeals when reviewing a request for expansion of a Non-Conforming Use shall be the same as those contained in Section 11-1.02 for special exceptions.
4.
A Certificate of Non-Conformity, as described in paragraph 'B' of
this Section, shall be issued by the Zoning Officer prior to application
to the Board of Appeals for expansion of a Non-Conforming Use.
[Amended 1-19-2012]
5.
When expansion of a Non-Conforming Use is proposed, the entire site
shall be brought into conformance with the requirements of this Ordinance
and/or the applicable Town Center Zoning Ordinance to the maximum
extent feasible, as determined by the Planning Commission or its designee.
6.
The Zoning Officer may permit an existing non-conforming manufactured
home to be replaced, expanded or altered if it is determined to be
habitable in accordance with Section 75-10 C(1) - (5), Minimum Livability
Code, of the Calvert County Code.
E.
Replacement of Non-Conforming Uses
1.
A Non-Conforming Use may, with approval of the Board of Appeals,
be changed to another Non-Conforming Use which the Board of Appeals
finds to be of the same or a more appropriate use or classification.
2.
Whenever a non-conforming use has been changed to a more appropriate
use such use shall not thereafter be changed to a less appropriate
use or classification.
3.
The criteria to be applied by the Board of Appeals when reviewing a request for replacement of a Non-Conforming Use shall be the same as those contained in Section 11-1.02 for special exceptions.
4.
A Non-Conforming Use may be replaced with a conforming use without
approval from the Board of Appeals.
5.
When replacement of a Non-Conforming Use is proposed, the site shall
be brought into conformance with all other requirements of this Ordinance
and/or the applicable Town Center Zoning Ordinance to the maximum
extent feasible, as determined by the Planning Commission or its designee.
F.
Discontinuance of Non-Conforming Uses
A Non-Conforming Use which has been discontinued or abandoned
for nine consecutive months or for 18 months during a three-year period
shall not again be used for a Non-Conforming Use except that non-conforming
seasonal uses shall be permitted to continue unless discontinued or
abandoned for a period of 24 consecutive months.
G.
When a Non-Conforming Use Becomes a Special Exception
If a change to the Zoning Ordinance results in an existing Non-Conforming Use being permitted as a special exception use, the use shall be considered a conforming use. The owner shall automatically have a special exception and shall not be required to obtain a special exception from the Board of Appeals to continue the use. However, expansion in area of use or building area requires the approval of the Board of Appeals. The criteria to be applied by the Board of Appeals when reviewing such a request shall be the same as those contained in Section 11-1.02 or special exceptions.
A.
General Provisions
1.
A non-conforming structure is defined as a structure which lawfully
existed prior to the adoption or amendment of this Ordinance, but
which, by virtue of the adoption or amendment of this Ordinance, no
longer conforms to the requirements of this Ordinance in terms of
such requirements as area, setback, or height requirements, etc.
2.
For the purposes of this Section, the "date of non-conformity" shall
be the date of adoption or amendment of this Ordinance; the adoption
or amendment of which rendered the structure non-conforming.
3.
See Section 8-1 of this Ordinance for requirements regarding non-conforming
structures in the Critical Area.
B.
Certificates of Non-Conformity
[Amended 1-19-2012]
1.
Upon the request of a property owner, the Zoning Officer may issue
a Certificate of Non-Conformity to establish the existence of a Non-Conforming
Structure, as defined herein. The Certificate shall include, among
other information:
a.
The date of non-conformity, which is the date of the adoption or
amendment of this Ordinance; the adoption or amendment of which rendered
a structure non-conforming.
b.
The Zoning Ordinance Section(s) which caused the previously legal
conforming structure to become a Non-Conforming Structure, and the
date on which the Section(s) were adopted or amended.
2.
The Zoning Officer shall establish procedures and appropriate forms
for processing requests for Certificates of Non-Conformity.
3.
A request for a Certificate of Non-Conformity for a Non-Conforming
Structure shall include the following information:
a.
A plat or site plan of the subject property prepared and stamped
by a Registered Surveyor, which clearly depicts the location of the
structure.
b.
Evidence, as described below, clearly demonstrating that the structure
has continuously existed from the date of non-conformity through the
application date for the Certificate of Non-Conformity. Such evidence
may include, for example:
i.
Photographs of the property (ground level, overhead or aerial
photographs) that clearly depict the use and include the date on which
the photographs were taken.
ii.
A valid building, grading, or use and occupancy permit substantiating
the date of non-conformity and the legal status of the structure.
iii.
Other records, including tax records, receipts, etc., which
establish that the structure existed on the property as of the date
of non-conformity.
C.
Continuation of Lawfully Existing Structures
Any structure lawfully existing at the time of the adoption
or amendment of this Ordinance may continue to be used even though
such structure does not conform to the provisions of the Zoning District
in which it is located. The use of non-conforming structures may continue
even if ownership of the property changes.
D.
Change in Use Causing a Lawfully Existing Structure or Site to No
Longer Conform to the Zoning Ordinance
In order for the use of any structure or site to be changed
from one use to another, the structure and site must conform to the
provisions of this Ordinance and/or the applicable Town Center Zoning
Ordinance. If the structure and site cannot be brought into conformance
for the proposed use, a variance from the Board of Appeals, if allowed,
or a waiver from the Planning Commission, if allowed, shall be required
to bring the structure and site into conformance.
E.
Expansion of Non-Conforming Structures
1.
The Zoning Officer may approve the extension of a building wall or
retaining wall which lawfully existed prior to the adoption, revision
or amendment of the Zoning Ordinance but which fails, by reason of
such adoption, revision or amendment, to conform to the current setback
requirements subject to the conditions specified below. The length
of a non-conforming building wall may be extended by the construction
of a deck or porch if the conditions of this Section are met.
a.
A Certificate of Non-Conformity, as described in paragraph 'B' of
this Section, shall be issued by the Zoning Officer prior to approval
of expansion of a Non-Conforming Structure.
b.
The building wall or retaining wall shall not be extended closer
to the property line than the original structure. Such extensions
require a variance from the Board of Appeals.
c.
Such extension shall not constitute more than 50 percent of the length
of the original non-conforming building wall or retaining wall. Extensions
beyond 50 percent require a variance from the Board of Appeals.
2.
When expansion of a non-conforming structure is proposed, the entire
site shall be brought into conformance with the requirements of this
Ordinance and/or the applicable Town Center Zoning Ordinance to the
maximum extent feasible, as determined by the Planning Commission
or its designee.
F.
Replacement of Non-Conforming Structures
1.
Nothing in these regulations shall prevent the restoration of a non-conforming
structure destroyed by fire, wind storm, flood, explosion or act of
public enemy or accident, or prevent the continuance of the use thereof
as it existed at the time of such destruction, provided that a building
permit application is properly submitted within one year after the
occurrence. This provision does not apply if an owner of a property
intentionally destroys a non-conforming structure.
2.
A non-conforming structure which is taken in a negotiated settlement
or condemnation proceedings shall be permitted to relocate only on
the same lot or parcel, or on a contiguous lot or parcel which was
in the same ownership at the inception of the condemnation proceedings,
and provided the applicable lot area, setback and height requirements
of the District in which such use is a principal permitted use can
be met. Such relocation or construction as existed prior to its taking
may be permitted provided a building permit application is properly
submitted within six months of the settlement date of the condemnation
proceedings.
