[Ord. 3/29/1990A, § 1600]
1.
Nonconforming use means a use, whether of land or of structure, which
does not comply with the applicable use provisions in this chapter
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment.
2.
Nonconforming structure or lot means a structure or lot, or part
of a structure or lot, which does not comply with the applicable area,
dimensional, parking, buffer, environmental and all other provisions
of this chapter or amendment heretofore or hereafter enacted, where
such structure or lot lawfully existed prior to enactment of such
ordinance or amendment. Such nonconforming structures include, but
are not limited to, nonconforming signs.
[Ord. 3/29/1990A, § 1601]
In the course of normal business, the Zoning Officer may, upon
adoption of this chapter or amendment thereof, identify and register
nonconforming lots, uses and structures with the reasons why the Zoning
Officer identified them as nonconformities. Upon identifying the nonconformity,
the Zoning Officer shall mail registration forms to the owner of record.
The Zoning Officer shall inspect the site to determine the accuracy
of the application and shall keep a record of all such nonconformities.
[Ord. 3/29/1990A, § 1602]
A lawful nonconforming use, structure or lot, as defined in § 27-2201, may continue except as hereinafter provided.
[Ord. 3/29/1990A, § 1603; as amended by Ord. 93-2,
2/8/1993, § 93; and by Ord. 95-8B, 11/27/1995, § 27]
1.
A structure that does not conform with dimensional, area, parking,
buffer, environmental and all other requirements of the district and
this chapter may be extended only if the extension meets all the requirements
of this chapter. Such a structure may be extended by right along the
building lines of the existing nonconformity in keeping with all applicable
requirements of this chapter.
2.
A use that does not conform to the use regulations of the district
in which it is located may be extended by special exception provided
that:
A.
The proposed extension shall take place only upon the lot or contiguous
lots held in the same ownership as that existing at the time the use
became nonconforming. Permission to extend a nonconforming use as
described in this part shall not be construed to mean that new use
or uses may be established. A nonconforming use shall be prohibited
from encroaching on another parcel of land subsequently added to the
original parcel.
B.
The proposed extension shall conform with the setback, yard, area,
dimensional, building height, parking, sign, environmental and other
requirements of the district in which said extension is located.
C.
Any increase in building or floor area shall not exceed an aggregate
of more than 25% of the building or floor area, whichever is less,
existent at the date the use became nonconforming under this or previous
ordinances, during the life of the nonconformity, and in any event
shall be permitted only by special exception under the provisions
of this chapter. However, a single-family detached dwelling (Use B1),
which is nonconforming as of use, may be permitted an expansion without
percentage limit of building or floor area, by right, without necessity
of a special exception. Structures or land uses that have reached
their maximum expansion allowance under previous ordinances are not
eligible for any increase in building or floor area under this chapter.
A structure, which is nonconforming in terms of height, shall not
be extended to increase the height.
[Ord. 3/29/1990A, § 1604]
A nonconforming building, or any building containing a nonconforming
use, wholly or partially destroyed by fire, explosion, flood or other
phenomenon may be reconstructed and used for the same nonconforming
use; provided, that reconstruction of the building shall be commenced
within one year from the date the building was destroyed and shall
be carried on without interruption. The reconstructed building shall
not exceed in height, area and volume the building destroyed plus
the permitted extension specified in § 27-2204.2.C.
[Ord. 3/29/1990A, § 1605]
A nonconforming building which has been legally condemned shall
not be rebuilt nor used except in accordance with the provisions of
this chapter.
[Ord. 3/29/1990A, § 1606]
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building or
land shall be in conformity with the provisions of this chapter. For
the purpose of this chapter, abandonment shall commence when the nonconforming
use ceases.
[Ord. 3/29/1990A, § 1607; as amended by Ord. 05-06,
8/22/2005, § 43]
1.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use. A nonconforming use may be changed
to another nonconforming use only under the following conditions:
A.
Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
B.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
2.
A nonconforming use, which is also a nonconforming structure or lot,
may be changed to a conforming use only if the nonconformity in terms
of building coverage, impervious coverage, setback, yard, area, dimensional,
building height, parking, sign, environmental and other requirements
of the district in which the use is located is not increased or expanded.
[Ord. 3/29/1990A, § 1607; as amended by Ord. 05-06,
8/22/2005, § 44; and by Ord. 07-03, 3/26/2007, § 17]
1.
The provisions of Parts 4 through 10 shall not prevent the construction
of a detached dwelling on any lot that was lawful when created and
which, prior to the effective date of this chapter, was in separate
ownership duly recorded by plan or deed; and, provided that:
A.
Such lot is not less than one acre in R-2 and R-2M districts and
not loss than 80% of the minimum lot area in all other districts.
B.
Those lots not served by public water and sewers shall meet all the
requirements of the Montgomery County Health Department.
C.
The percentage of lot area covered by the detached dwelling shall
not exceed 15% of the are of the lot.
D.
The front and rear yards shall aggregate at least 60% of the total
lot depth or meet the normal requirements of the district in which
the lot is located; but in no case shall either the front yard or
the rear yard be less than 30 feet.
E.
The side yards shall aggregate at least 40% of the total lot width
or meet the normal requirements of the district in which the lot is
located, but in no case shall either side yard be less than 12 feet.
2.
This exception shall not apply to any two or more contiguous lots
in a single ownership as of or subsequent to the effective date of
this chapter. These lots shall be consolidated to minimize the nonconformity.
