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, subject to the provisions of §
245-12, so long as it remains otherwise lawful.
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 subject to §
245-12, so long as it remains otherwise lawful.
If a lawful use of a structure or of a structure and land 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 subject to §
245-12 of this section, so long as it remains otherwise lawful, subject to the following provisions:
A. Conformance required. Except as hereinafter specified,
no land, building, structure, or premises shall hereafter be used,
and no building, or part thereof or other structure shall be located,
erected, reconstructed, extended, enlarged, converted, or altered,
except in conformity with the regulations herein specified of the
district in which it is located.
B. Continuing existing uses. Except as provided in §
245-12, any lawful use, building, or structure existing at the time of the enactment of this chapter (including a seasonal use) may be continued, even though such use, building, or structure may not conform with the provisions of this chapter for the district in which it is located.
C. Nonconforming uses. No existing building or premises
devoted to a use not permitted by this chapter in the district in
which such building or premises is located, except when required to
do so by law or order, shall be enlarged, extended, substituted, or
structurally altered by more than 10% unless the use thereof is changed
to a use permitted in the district in which such building or premises
is located.
D. Substitution:
(1) If no structural alterations are made, a nonconforming
use of a building may be changed to another nonconforming use of the
same or of a more restricted classification.
(2) Whenever a nonconforming use has been changed to a
more restricted use or to a conforming use, such use shall not thereafter
be changed back to a less restricted use.
(3) When authorized by the Board of Appeals according to the provisions of Article
XIX of this chapter, a nonconforming use of land or building may be changed to another nonconforming use of equal or more restricted classification.
E. Discontinuance. No building, structure, or premises
where a nonconforming use has ceased for a period of one year or more
shall again be put to a nonconforming use, except upon approval by
the Board of Appeals. The repair of damages, irrespective of extent
or value, due to fire, flood, or other act of God shall not require
Board of Appeals approval.
F. Extensions:
(1) A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on adjoining premises that were under the same ownership on the date such building became nonconforming, and provided that the floor areas of all such additions and extensions shall not exceed, in the aggregate, 50% of the floor area of the existing building devoted to a nonconforming use. Any extension of a nonconforming use or structure shall be subject to Board of Appeals approval as provided in Article
XIX. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of Article
III.
(2) Any dwelling lawfully existing at the time of enactment
of this chapter, not located on a lot having frontage on a road as
required herein, may be continued and may be enlarged, without increasing
the number of dwelling units therein, provided that no such addition
shall extend closer to the road than the existing building or the
setback line for the district.
(3) A nonconforming use may be extended throughout those
parts of a building which were manifestly designed or arranged for
such use prior to the effective date of this chapter, provided that
no structural alterations are made except as required by law.
(4) A nonconforming use may be extended throughout those
parts of a premises which were manifestly designed or arranged for
such use prior to the effective date of this chapter, provided that
no increase in the number of dwelling units (permanent or seasonal)
occurs thereon, and such extension shall not extend closer to the
property lines than existing setback requirements for the district
in which such parcel of land is located.
G. Unsafe buildings. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition of any part of
any building or structure declared unsafe by a proper authority.
Certain nonconformities shall be terminated
in accordance with the following provisions:
A. Within not more than two years from the effective
date of this chapter or amendment of this chapter by which a use becomes
nonconforming, the right to maintain the following nonconformities
shall terminate and such nonconformities shall no longer be operated
or maintained and must be removed: any junk yards within the corporate
limits of Federalsburg, Maryland.
B. Within not more than five years from the effective
date of this chapter or amendment of this chapter all nonconforming
signs shall be removed.
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 conditional use 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, subject to the provisions of §§ 245-11E(5) and (6)
and 245-12F(1) and (2).