Lots, structures or uses lawfully existing at
the time of the adoption of the Zoning Ordinance for Caroline County,
Maryland, on October 1, 1967, or at the time of a subsequent amendment
or readoption, which are rendered nonconforming by such adoption,
amendment or readoption shall be permitted to remain or continue until
removed or abated but shall not be encouraged to survive.
A.
Nonconforming lot. A nonconforming lot has been legally
subdivided and recorded in the Caroline County Land Records but does
not comply with the yard or area requirements of this chapter. No
structure which fails to conform to the minimum yard or setback requirements
for the applicable zoning district shall be erected on any nonconforming
lot unless a variance is granted by the Board of Zoning Appeals.
B.
Nonconforming structure. A nonconforming structure
does not comply with the height, area, bulk, yard or setback requirements
of this chapter for the zoning district in which it is located.
C.
Nonconforming use. A nonconforming use of land and/or
structures does not comply with the use regulations of this chapter
for the zoning district in which it is located.
A.
The casual, intermittent, temporary or illegal use
of land or structures shall not be sufficient to establish the existence
of a nonconforming use.
B.
The existence of a nonconforming use on a part of
a premises shall not necessarily be construed to establish a nonconforming
use on the entire premises.
C.
The Zoning Administrator shall determine, based on
fact, whether or not a nonconforming use exists. Such a determination
may be appealed to the Board of Zoning Appeals.
A.
Discontinuance of nonconforming use; exception. No
land, structure or portion thereof used, in whole or in part, for
a nonconforming use in any zoning district which remains idle, unused
or abandoned for a continuous period of one year, whether or not the
equipment or fixtures are removed, shall again be used except in conformity
with the regulations of the zoning district in which such land or
structure is located. However, the Board of Zoning Appeals may grant
a special use exception to allow the continuance of a nonconforming
use which has been idle, unused or abandoned where such inactivity
or abandonment has continued for less than three years.[1]
[1]
Editor’s Note: Former Subsection B, Nonconforming mobile
homes, which immediately followed, was repealed 8-12-2014 by Ord.
No. 2014-1.
A.
A nonconforming structure or any conforming structure
containing a nonconforming use which has been damaged by any cause
to the extent of more than 50% of the fair market value of the structure
immediately prior to damage shall not be restored and used except
in conformity with this chapter, and all rights as a nonconforming
structure or use are terminated. If a structure is damaged by less
than 50% of the fair market value, it may be repaired, reconstructed
or used as before the time of damage, provided that such repairs or
reconstruction are substantially completed within 12 months of the
date of damage.
B.
When the extent of damage is questionable, appraisals
of damage and fair market value shall be done by a certified appraiser
at the owner's expense. Appraisals shall be submitted to the Zoning
Administrator for a determination as to the extent of damage. The
Zoning Administrator may also retain the services of a second certified
appraiser.
Any lot reduced in area to a nonconforming lot
area by reason of a realignment of a County or state road or by reason
of a condemnation proceeding is a nonconforming lot of record. However,
any lawful structure or use on the lot before such reduction in lot
size is a conforming structure or use.
A.
No nonconforming structure may be modified so as to
increase its nonconformity, unless a variance is granted by the Board
of Zoning Appeals.
B.
No nonconforming use shall be modified, expanded or
enlarged, unless a special use exception is granted by the Board of
Zoning Appeals.
C.
The Board of Zoning Appeals may grant a special use
exception to erect additional buildings upon a lot occupied by a nonconforming
use when such additional buildings are associated with such use.
