Town of Smithsburg, MD Article VIII Nonconformities

§ 405-48 Continuation.

Except as otherwise provided in this article and in § 405-44, the lawful use of any structure or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter and becomes a nonconforming use as defined in Article II.

§ 405-49 Alteration or extension.

A. Structural alteration of a building or structure or the use of a structure, building, parcel, lot, or tract of land which does not conform to the provisions of this chapter shall be allowed only if the building or structure to be altered or the structure, building, parcel, lot, or tract of land to be used is in conformance with the requirements of the zoning district in which it is located.

B. Upon application, the Board of Zoning Appeals may approve the structural alteration of a building or structure or the extension of use of a structure, building, parcel, lot or tract of land which is not in conformance with the provisions of this chapter, provided that:

(1) The alteration or extension of the structure or use shall be restricted to a total expansion not to exceed 35% of those existing buildings, structures, parcels, lots, or tracts of land devoted to the nonconforming structure or use.

(2) The alteration or extension shall not be in violation of the setback, yard and height regulations in the district in which the structure or use is located.

(3) Alteration or extension as discussed in Subsection B(1) above shall be done no more than twice over any five-year period.

§ 405-50 Restoration.

A. Structures damaged by fire or other causes to the extent of more than 75% of the market value of the structure shall not be repaired, reconstructed or used for the same nonconforming use without the approval of the Board of Zoning Appeals granted as a special exception pursuant to Article X.

B. Structures damaged by fire or other causes to the extent of 75% or less of the market value may be reconstructed, repaired or used for the same nonconforming use without action by the Board of Zoning Appeals.

C. Any such reconstruction or repair shall be subject to the following provisions:

(1) The reconstructed structure shall not exceed the height, area, or volume of the damaged structure.

(2) Reconstruction shall begin within one year from the date of damage and shall be carried on without interruption.

(3) The foundation of the reconstructed structure shall not be destroyed or enlarged unless relocation results in less of a nonconformity or brings the structure into conformance.

(4) No provision of this chapter shall prevent the enforcement of orders to strengthen or restore to a safe condition any structure declared to be unsafe by an official charged with protecting the public safety.

§ 405-51 Abandonment.

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

§ 405-52 Changes.

A. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

B. The Board of Zoning Appeals may grant, as a special exception pursuant to Article X, permission to change a nonconforming use to another nonconforming use if the applicant shows that the proposed change will be less objectionable in external effects than the existing nonconforming use in regard to:

(1) Traffic generation and congestion, including truck, passenger car, and pedestrian traffic;

(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration;

(3) Storage and waste disposal; and

(4) Appearance.

§ 405-53 Nonconforming use certificate.

Upon application by the owner or agent of any nonconforming use, structure or property, the Zoning Administrator shall issue a certificate recording the fact of such nonconforming use, structure or property. Such certificate may be used as evidence in asserting rights pursuant to this article.