“Nonconforming building or structure” and “nonconforming use” are defined in PART 27-2: Interpretation and Definitions, of this Subtitle.

(CB-015-2024) 

1. (a)
   Any nonconforming building, structure, or use may be continued, repaired, or maintained. It may not be altered, enlarged, or extended except in accordance with this Part.
2. (b)
   In order for a nonconforming use to continue, a use and occupancy permit must be issued identifying the use as nonconforming, and the use must be certified in accordance with Section 27-3618, Certification of Nonconforming Use. In addition, a nonconforming surface mining operation located within a Chesapeake Bay Critical Area Overlay Zone may only continue if it meets the criteria set forth in Section 27-5402(iii), Surface Mining.
3. (c)
   Continuous, day-to-day operation of a certified nonconforming use is required to maintain its nonconforming status. Discontinuance of day-to-day operation for a period of one hundred eighty (180) or more consecutive calendar days shall constitute abandonment of the use. No certified nonconforming use may be reestablished unless either:

   1. (1)
      The case involves reconstruction, restoration, or reestablishment in accordance with Section 27-7104, Reconstruction, Reestablishment, and Restoration; or
   2. (2)
      The Planning Board determines (upon written request) that the conditions of nonoperation were beyond the control of the person who was in control of the property during the period of nonoperation. The Planning Board’s determination shall be based on satisfactory evidence presented by the person making the request.
4. (d)
   The provisions of Subsection (c), above, do not apply to:

   1. (1)
      Nonconforming buildings and structures occupied by conforming uses;
   2. (2)
      Certified nonconforming surface mining operations that are not within a Chesapeake Bay Critical Area Overlay Zone; or
   3. (3)
      Mobile home dwellings and trailer camps used in accordance with Section 27-7405, Mobile Homes and Trailer Camps (Mobile Home Parks).
5. (e)
   For properties within the Chesapeake Bay Critical Area, the following shall apply:

   1. (1)
      A lot or parcel legally developed as of July 1, 2008, shall not be considered nonconforming for purposes of Critical Area lot coverage.
   2. (2)
      For the purpose of increasing Critical Area lot coverage on a lot or parcel under Subparagraph (1) above, the Critical Area lot coverage limitations of Section 27-4402(a)(4) shall not be construed to apply to a development activity for which an approved Conservation Plan or staff level review was obtained and:

      1. (A)
         A building permit was issued before July 1, 2008; and
      2. (B)
         Construction was initiated and an inspection was performed before July 1, 2009.
6. (f)
   A use that was approved by a special exception prior to, and remained valid on April 1, 2022, is nonconforming and remains subject to all terms and conditions of its special exception approval, unless it meets all of the standards of this Ordinance for that use.
7. (g)
   Reconstruction, Re-establishment, and Restoration

   A nonconforming use or structure may be restored, reconstructed or re-established in accordance with Section 27-7104, Reconstruction, Reestablishment, and Restoration.

(CB-015-2024) 

1. (a)
   In General

   1. (1)
      A nonconforming building or structure, or a certified nonconforming use (except as provided for in this Section) may be altered, enlarged, or extended, provided that:

      1. (A)
         The alteration, enlargement, or extension conforms to the building line setback or build-to line, yard, and height regulations of the zone in which the use is located; and
      2. (B)
         A special exception has been approved by the District Council, in accordance with Section 27-3604, Special Exception, of this Subtitle.
2. (b)
   Exceptions

   1. (1)
      Surface Mining

      A certified nonconforming use involving surface mining may be expanded to include the entire parcel of land (or acreage owned or leased at the time the use became nonconforming) upon which the removal operations were initially conducted, provided the initial use predates the adoption of the original Zoning Map for the area. This expansion does not require a special exception. This exception does not apply if the use is located in a 100-year floodplain. Additionally, if the use is located within a Chesapeake Bay Critical Area Overlay Zone, a special exception for surface mining in accordance with Section 27-5402(jjj), Surface Mining, is required.

   2. (2)
      Structures in Floodplains

      Existing nonconforming buildings, structures, and uses within a 100-year floodplain may be modified to incorporate flood-proofing measures, and do not require a special exception if the nonconforming building, structure, or nonconforming use is not enlarged or extended, provided that:

      1. (A)
         The measures do not raise the level of the 100-year floodplain; and
      2. (B)
         The measures are in conformance with Division 2 of Subtitle 4: Building, of this Code, entitled “Construction or Changes in Floodplain Areas.”
   3. (3)
      Gas Stations

      1. (A)
         The following modifications of a certified nonconforming gas station may be permitted by the Planning Board without a special exception:

      1.  
         1. (i)
            The enlargement or relocation of pump islands;
         2. (ii)
            The addition of one (1) pump island;
         3. (iii)
            The addition, relocation, or modification of a fence, kiosk, island shelter, island canopy, storage area, trash enclosure, vending area, or lavatory facility;
         4. (iv)
            The addition, relocation, of modification of an accessory building used solely for the storage of automotive replacement parts or accessories. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to that of the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The screening shall be approved as part of the modification.

      2. (B)
         A site plan shall be submitted showing the modifications.
      3. (C)
         The modifications shall not violate any condition of a previously approved special exception for a gas station on the property.
      4. (D)
         The modification shall be in conformance with Section 27-5402(cc), Gas Station, and any provisions of the zone in which the property is located.
      5. (E)
         At the time the application is filed, a fee shall be paid by the applicant to cover the costs of processing the application. The amount of the fee shall be established by the District Council.
      6. (F)
         The Planning Board’s decision (resolution) on the requested modification shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board’s decision. The District Council may vote to review the Planning Board’s decision on its own motion within thirty (30) days after the date of the notice. The Clerk of the Council shall notify the Planning Board of any appeal of review decision. Within seven (7) days after receiving this notice, the Planning Board shall transmit to the District Council all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. The District Council shall schedule a public hearing on the appeal or review. The Council shall give at least thirty (30) calendar days’ notice of the hearing to all persons of record and the Planning Board, all of whom shall be entitled to appear at the hearing. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. Within sixty (60) days after the close of the Council’s hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the modification request to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a modification, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board’s decision is automatically affirmed. The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
   4. (4)
      Quick-Service Restaurants

      1. (A)
         The following modifications of a certified nonconforming quick-service restaurant may be permitted by the Planning Board without a special exception:

      1.  
         1. (i)
            The addition, relocation, or modification of a freezer on the sides or rear of the restaurant building;
         2. (ii)
            The addition, relocation, or modification of gross floor area in order to provide rest rooms to serve the physically disabled;
         3. (iii)
            The addition, relocation, or modification of vestibules above and around points of access to the restaurant building; or
         4. (iv)
            The addition, relocation, or modification of a fence, storage area, or trash enclosure.

      2. (B)
         A site plan shall be submitted showing the modifications.
      3. (C)
         The modification shall not violate any condition of a previously approved special exception for a quick-service restaurant on the property.
      4. (D)
         At the time the application is filed, a fee shall be paid by the applicant to cover the costs of processing the application. The amount of the fee shall be established by the District Council.
      5. (E)
         The Planning Board’s decision (resolution) on the requested modification shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board’s decision. The District Council may vote to review the Planning Board’s decision on its own motion within thirty (30) days after the date of the notice. The Clerk of the Council shall notify the Planning Board of any appeal of review decision. Within seven (7) days after receiving this notice, the Planning Board shall transmit to the District Council all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. The District Council shall schedule a public hearing on the appeal or review. The Council shall give at least thirty (30) calendar days’ notice of the hearing to all persons of record and the Planning Board, all of whom shall be entitled to appear at the hearing. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. Within sixty (60) days after the close of the Council’s hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the modification request to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a modification, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board’s decision is automatically affirmed. The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
   5. (5)
      Recreation/Entertainment and Community Service Uses for Multifamily Dwellings

      The alteration, extension, or enlargement of uses in the Recreation/Entertainment Uses and Community Service Uses Principal Use Categories associated with certified nonconforming multifamily dwellings, for the sole use of residents and their guests, shall not be considered an alteration, extension, or enlargement of the nonconforming use. A detailed site plan shall be approved for this use in accordance with Section 27-3605, Detailed Site Plan, of this Subtitle, prior to the issuance of any permits.

   6. (6)
      Single-Family Detached Dwellings

      The alteration, extension, or enlargement of a nonconforming single-family detached dwelling may be permitted and does not require a special exception provided that:

      1. (A)
         The modification conforms to the requirements of subparagraph 27-7103(a)(1)(A), above;
      2. (B)
         Development on the property (including the proposed modification) conforms to the lot coverage limitations of the zone in which the property is located; and
      3. (C)
         Within a Chesapeake Bay Critical Area Overlay Zone, development on the property (including the proposed modification) conforms to any applicable requirements concerning impervious surface ratios, except as provided in paragraph (9), below.
   7. (7)
      Improvements to Multifamily Development

      1. (A)
         In multifamily developments existing as of January 1, 1990, in the RMF-12, RMF-20, and RMF-48 zones, the following improvements do not require a special exception:

      1.  
         1. (i)
            Fence or wall;
         2. (ii)
            Trash enclosure;
         3. (iii)
            Guard booth;
         4. (iv)
            Canopy;
         5. (v)
            Playground and outdoor play area for a day care center for children;
         6. (vi)
            Landscaping;
         7. (vii)
            Day care centers for children in multifamily units;
         8. (viii)
            Antenna, otherwise permitted in the zone;
         9. (ix)
            Equipment room for telecommunications located inside an existing building;
         10. (x)
             Day care center for children within an existing free-standing building in a project in excess of one hundred (100) units, with a maximum of one (1) per project, provided that it is located in a “Hot Spot” as defined in State law or “Revitalization Area,” it is operated by a nonprofit entity, and at least fifty percent (50%) of the children are residents of the project;
         11. (xi)
             New access or parking; and
         12. (xii)
             An increase of no more than ten percent (10%) in the gross floor area of a building, not to exceed 2,000 square feet of gross floor area, provided the increase is to allow for the enlargement of an existing area used for recreational purposes.

      2. (B)
         Such improvements shall conform to any applicable regulations in this Subtitle.
      3. (C)
         In multifamily developments existing as of January 1, 1990, a special exception is not required for urban agriculture in the RMF-20 Zone.
   8. (8)
      Screening Requirements for Vehicle Sales and Service Uses

      The alteration of a certified nonconforming Vehicle Sales and Service Use may be permitted by the Planning Board and does not require a special exception, provided the alteration is made to comply with the screening requirements set forth in Section 13-235 of Subtitle 13: Housing and Property Standards of this Code, and Section 4.4 of the Landscape Manual.

   9. (9)
      Chesapeake Bay Critical Area Overlay Zone

      Within a Chesapeake Bay Critical Area Overlay Zone, the alteration, extension, or enlargement of a certified nonconforming structure may be permitted and does not require a special exception, provided that all of the following provisions are met:

      1. (A)
         Lot coverage in the CBCA is the only nonconforming element of the subject property relative to the Chesapeake Bay Critical Area Overlay Zone in which it is located, and either all requirements of the underlying zone are met, or other provisions of Subsection 27-7103(b) apply to the subject use;
      2. (B)
         All structures contributing to the nonconforming lot coverage in the CBCA were in existence prior to July 1, 2008; and
      3. (C)
         Development on the property (including the proposed modification) does not result in a net increase in lot coverage in the CBCA.
   10. (10)
       Safety Improvements Required by the Commission

       A special exception shall not be required for safety improvements made to an existing certified nonconforming use pursuant to an executed agreement with the Maryland-National Capital Park and Planning Commission. The safety improvements shall be identified on the certified nonconforming use site plan.

   11. (11)
       Adaptive Reuse of a Community Building

       1. (A)
          The renovation and adapative reuse of a historic structure located within a certified nonconforming use multifamily development pursuant to a Historic Area Work Permit approved by the Historic Preservation Commission does not require a special exception for alteration, extension, or enlargement of the nonconforming use. Allowable modifications shall included, but not be limited to:

       1. (i)
          Reconfiguration of internal driveways, parking, and drive aisles, provided the total number of parking spaces is not reduced;
       2. (ii)
          The construction of an addition to the historic structure including related sidewalks, entrances, and other site work.

       2. (B)
          Upon completion of the improvements proposed in accordance with Section 27-7103(b)(11)(A), above, the owner shall be entitled to submit a revised nonconforming use site plan reflecting the improvements which shall be recertified by the Planning Director.
       3. (C)
          For purposes of this Subsection, the provisions of Section 27-5402(d), Adaptive Use of a Historic Site shall also not apply.
   12. (12)
       Military Installation Overlay Zone

       In the Military Installation Overlay Zone, alterations, extensions, or enlargements of uses, buildings, or structures considered nonconforming pursuant to the provisions of Section 27-4402(c)(3)(D) may be permitted to allow modifications subject to Section 27-3611(f) of this Subtitle.

   13. (13)
       Digital Billboard

       The relocation, alteration, reconstruction, enlargement, or extension of a billboard in order to convert it into a digital billboard does not require a special exception, provided that it meets the requirements of Section 27-61506(g), Digital Billboard.

   14. (14)
       Conveyance to a Governmental Agency for Public Use

       1. (A)
          In the event that a conveyance of land to a governmental agency for public use pursuant to Subtitle 24, Subdivision Regulations, of this Code increases the nonconformity of an existing nonconforming use, such use does not require a special exception for any alteration, extension, or enlargement of the nonconforming use. Increases in nonconformity may include:

       1.  
          1. (i)
             A reduction in net lot area of the property which is the subject of the nonconforming use;
          2. (ii)
             An increase in density;
          3. (iii)
             A reduction in green area;
          4. (iv)
             An increase in lot coverage;
          5. (v)
             A reduction of building setback from any new property line resulting from the conveyance; and/or
          6. (vi)
             A change that impacts any other design requirement or specification or which creates or increases any nonconformity of the buildings, structures or use.

       2. (B)
          Upon completion of the conveyance, the owner shall be required to submit a revised nonconforming use site plan reflecting the changes which result from the conveyance, which shall be recertified by the Planning Board’s authorized representative.

1. (a)
   Without Enlargement, Extension, or Relocation

   1. (1)
      The restoration, reconstruction, or reestablishment of a nonconforming building or structure, or a certified nonconforming use, which has either been unintentionally destroyed by fire or other calamity, has temporarily ceased operation for the sole purpose of correcting Code violations, or has temporarily ceased operation due to the seasonal nature of the use, may be permitted without relocation, enlargement, or extension, provided that:

      1. (A)
         Where the building, structure, or use has been unintentionally destroyed by fire or other calamity, a building permit for restoration or reconstruction shall be issued within one (1) calendar year from the destruction date, and construction pursuant to the permit has begun within six (6) calendar months after the date of issuance (or lawful extension) of the permit, and proceeds to completion in a timely manner. If it has been destroyed for more than one (1) calendar year, the reconstruction, reestablishment, or restoration may only be permitted upon approval of a special exception in accordance with Section 27-3604, Special Exception, of this Subtitle.
      2. (B)
         Where a certified nonconforming use has temporarily ceased operation, either for the sole purpose of correcting Code violations or because the nature of the nonconforming use is seasonal, such use shall be reestablished within one (1) calendar year from the date upon which operation last ceased.
   2. (2)
      The intentional demolition and reconstruction, reestablishment, or restoration of a certified nonconforming use on the same lot, which does not involve relocation, enlargement, or extension, is prohibited within the Safety Zones of the Military Installation Overlay Zone, but may be permitted outside the Safety Zones of the Military Installation Overlay Zone only upon approval of a special exception in accordance with Section 27-3604, Special Exception, of this Subtitle.
2. (b)
   With Enlargement, Extension, or Relocation

   1. (1)
      The reconstruction or restoration of a nonconforming building or structure, or a certified nonconforming use, which has been unintentionally destroyed by fire or other calamity and which involves an enlargement, extension, or relocation, may be permitted only upon approval of a special exception in accordance with Section 27-3604, Special Exception, of this Subtitle.
   2. (2)
      The intentional demolition and reconstruction of a certified nonconforming use on the same lot, which involves relocation, enlargement, or extension, is prohibited within the Safety Zones of the Military Installation Overlay Zone but may be permitted outside of the Safety Zones of the Military Installation Overlay Zone only upon approval of a special exception in accordance with Section 27-3604, Special Exception, of this Subtitle. The requirement of a special exception shall not apply to the replacement of a mobile home, provided the new mobile home does not exceed one thousand and fifty (1,050) square feet in size.
   3. (3)
      Notwithstanding any other provision with this Section, the reconstruction or restoration of a nonconforming building or structure, or a certified nonconforming use involving an enlargement, extension, or relocation of uses, buildings, or structures considered nonconforming pursuant to the provisions of Section 27-4402(c)(3)(D) of this Subtitle is prohibited.

A nonconforming use may not be changed to, or changed to include, any use other than that certified, unless such other use is permitted, or permitted by grant of a special exception, in the zone in which the nonconforming use is located.

Nonconforming buildings and structures, and certified nonconforming uses, located within a 100-year floodplain may be modified to incorporate flood-proofing measures provided that:

1. (a)
   The measures do not raise the level of the 100-year floodplain; and
2. (b)
   The measures are in conformance with Division 2 of Subtitle 4: Building, of this Code, entitled “Construction or Changes in Floodplain Areas.”

Satisfactory evidence as to the actual existence (date of construction) of a nonconforming building or structure shall be submitted with any application for a permit to use a nonconforming building or structure for a conforming use. The use and occupancy permit shall not be issued until satisfactory evidence has been provided.

1. (a)
   In order for a certified nonconforming junk yard or vehicle salvage yard to continue, the requirements of this Section shall be met, in addition to any other applicable requirements of this Part.
2. (b)
   The purposes of this Section are:

   1. (1)
      To protect passersby from the dangers inherent in the dismantling, movement, or storage of wrecked and junked motor vehicles and other scrap materials;
   2. (2)
      To protect children, who are naturally attracted to these sites;
   3. (3)
      To prevent stray dogs from frequenting the site;
   4. (4)
      To prevent rats, mice, and other vermin from infesting the site;
   5. (5)
      To protect the health and safety of workers and residents in the general area;
   6. (6)
      To prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area; and
   7. (7)
      Any similar purposes.
3. (c)
   All certified nonconforming junk yards and vehicle salvage yards shall meet the following requirements:

   1. (1)
      The junk yard or vehicle salvage yard shall be enclosed by a solid, light-tight, slightly wall or fence at least eight (8) feet high;
   2. (2)
      The wall or fence shall screen the enclosed area from public view;
   3. (3)
      The fence shall be maintained in a constant state of good repair; and
   4. (4)
      No sign shall be placed on the fence (except as permitted by Section 27-61500, Signage).
4. (d)
   The requirements of paragraph (c), above, shall apply to all nonconforming junk yards and vehicle salvage yards, regardless of any prior nonconforming use status.
5. (e)
   The fence (wall) requirements may be waived or modified by the District Council in accordance with the following procedures:

   1. (1)
      Application

      1. (A)
         The owner or operator of the junk yard shall make a written request to the District Council to waive or modify the requirements. The application shall be filed with the Clerk of the Council.
      2. (B)
         Along with the application, the owner or operator shall submit the following:

      1.  
         1. (i)
            A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;
         2. (ii)
            If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director’s term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
         3. (iii)
            If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).

      3. (C)
         For the purposes of subparagraphs (i), (ii), and (iii), above, the term “owner” shall include not only the owner of record, but also any contract purchaser.
   2. (2)
      Transmittal

      The application and any accompanying material shall be forwarded by the Clerk of the Council to the Office of the Zoning Hearing Examiner.

   3. (3)
      Zoning Hearing Examiner Hearing Procedures

      The Zoning Hearing Examiner shall conduct a public hearing on the matter, in accordance with Section 27-3412, Evidentiary Hearing (Planning Board and ZHE), of this Subtitle.

   4. (4)
      Notice of Public Hearing

      The Zoning Hearing Examiner shall designate a date for the public hearing and shall notify the applicant of the date.

   5. (5)
      District Council Hearing (Oral Argument) Procedures

      The District Council shall decide upon the application, in accordance with the procedures for oral argument and Council hearings contained in Section 27-3414, Oral Argument Hearing, of this Subtitle.

   6. (6)
      Criterial for Approval

      1. (A)
         The application may only be approved:

      1.  
         1. (i)
            For a fixed temporary period of time, which may be renewed; and
         2. (ii)
            If the purposes of this Section are fulfilled.

      2. (B)
         In place of the fence, the Council may permit any of the following:

      1.  
         1. (i)
            Screening by natural objects;
         2. (ii)
            Plantings on sides not facing traveled roads;
         3. (iii)
            A wire fence on sides where the adjacent properties are predominantly undeveloped; or
         4. (iv)
            A reduction in the fence requirements when the property is, or abuts, properties zoned IE or IH.

(CB-015-2024) 

1. (a)
   In order for a certified nonconforming adult bookstore and/or adult video store to continue, the requirements of this Section shall be met (in addition to any other applicable requirements of this Part).
2. (b)
   The purposes of this Section are:

   1. (1)
      To protect children, who may be attracted to these establishments; and
   2. (2)
      To prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area.
3. (c)
   All certified nonconforming adult bookstores and/or adult video stores shall meet the following requirements:

   1. (1)
      All windows, doors, and other apertures shall be blackened or obstructed so as to prevent anyone outside the establishment from viewing its interior;
   2. (2)
      Advertising shall be limited to one (1) business sign, as provided for in Section 27-61500, Signage;
   3. (3)
      The proprietor, owner, or personnel of the establishment shall prohibit access to the premises by any person who is under eighteen (18) years old; and
4. (d)
   All adult bookstores and/or adult video stores have to obtain a use and occupancy permit as set forth in Section 27-3608, Use and Occupancy Permit. In order to provide for a reasonable standard of amortization and to prevent an unreasonable loss, all certified nonconforming adult uses may continue in operation until January 1, 2011, in accordance with the provisions of this Subtitle.

1. (a)
   In addition to being certified as a nonconforming use, an any use in the Eating or Drinking Establishment Uses principal use category permitting live entertainment or patron dancing, with hours of operation that extend beyond 11:00 P.M., and with parking abutting land used for residential purposes, except hotel lounges, may only continue subject to the requirements of this Section and to any other applicable requirements of this Part.
2. (b)
   The purpose of this Section is to prevent and control detrimental effects upon neighboring properties.
3. (c)
   All certified nonconforming uses in the Eating or Drinking Establishment Uses principal use category described in Subsection (a), above, shall meet the following requirements:

   1. (1)
      A sight-tight fence or wall, at least six (6) feet in height, shall be located along the perimeter of all abutting residential property; and
   2. (2)
      The property shall be maintained in accordance with all applicable provisions of the County Code.

1. (a)
   In order for a certified nonconforming massage establishment to continue, the requirements of this Section shall be met (in addition to any other applicable requirements of this Part).
2. (b)
   The purposes of this Section are:

   1. (1)
      To protect children, who may be attracted to these establishments; and
   2. (2)
      To prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area.
3. (c)
   All certified nonconforming massage establishments shall meet the following requirements:

   1. (1)
      All windows, doors, and other apertures shall be blackened or obstructed so as to prevent anyone outside the establishment from viewing its interior;
   2. (2)
      Advertising shall be limited to one (1) business sign, as provided for in Section 27-61500, Signage;
   3. (3)
      The proprietor, owner, or personnel of the establishment shall prohibit access to the premises by any person who is under eighteen (18) years old.
4. (d)
   In order to provide for a reasonable standard of amortization and to prevent an unreasonable loss, all certified nonconforming massage establishments may continue in operation until January 1, 1987, if properly licensed and in accordance with the provisions of this Subtitle. On or after that date, a massage establishment may only continue if a special exception for a massage establishment is approved in accordance with Section 27-3604, Special Exception, of this Subtitle.

1. (a)
   In order for a nonconforming mobile home dwelling or trailer camp (mobile home park) to continue, the requirements of this Section shall be met (in addition to any other applicable requirements of this Part).
2. (b)
   Mobile Home Dwellings

   1. (1)
      A nonconforming mobile home used as a dwelling may continue, if the dwelling was legally in existence on November 24, 1975.
   2. (2)
      A building permit may be issued for a mobile home to be used as a dwelling provided that:

      1. (A)
         The application for the permit was on file with the Department of Permitting, Inspections, and Enforcement on November 23, 1975; and
      2. (B)
         All requirements applicable to the erection of a mobile home as of that date have been met.
   3. (3)
      A mobile home dwelling erected pursuant to the above permit shall be deemed a certified nonconforming use provided that:

      1. (A)
         Construction begins within six (6) months after the permit is issued; and
      2. (B)
         Construction proceeds to completion in accordance with the permit.
3. (c)
   Trailer Camps (Mobile Home Parks)

   1. (1)
      A trailer camp (mobile home park) legally in existence on November 24, 1975, shall be considered a nonconforming use.
   2. (2)
      A trailer camp shall be deemed a certified nonconforming use if a special exception for the camp was approved by the District Council prior to November 24, 1975.
   3. (3)
      In the case of a trailer camp identified in paragraph (2), above, building permits may be issued for all structures shown on the site plan. In addition, building permits for buildings to be used for storage of maintenance equipment and supplies not shown on the site plan may be issued without the approval of a special exception to alter, enlarge, or extend a nonconforming use. These storage buildings shall be subject to the requirements applicable to main buildings in the zone in which the camp is located.

1. (a)
   In order for a certified nonconforming pawnshop to continue, the requirements of this Section shall be met (in addition to any other applicable requirements of this Part).
2. (b)
   The purposes of this Section are:

   1. (1)
      To preserve, conserve, and facilitate the revitalization of historic and older communities;
   2. (2)
      To control detrimental effects upon neighboring properties and existing and proposed land uses in the general area; and
   3. (3)
      To provide appropriate siting of pawnshops to mitigate adverse effects on nearby residential and commercial areas.
3. (c)
   All certified nonconforming pawnshops shall meet the following requirements:

   1. (1)
      The proprietor, owner, or personnel of the pawnshop establishment shall not transact business with any person who is under eighteen (18) years old;
   2. (2)
      No parking of motor vehicles pledged as collateral shall be permitted on the subject property.
4. (d)
   In the event that a certified nonconforming pawnshop is relocated to another location, the certification shall cease.

1. (a)
   In order for a certified nonconforming model studio to continue, the requirements of this Section shall be met (in addition to any other applicable requirements of this Part.
2. (b)
   The purpose of this Section is to prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area.
3. (c)
   All certified nonconforming model studios shall meet the following requirements:

   1. (1)
      Outdoor displays or advertising shall be limited to one (1) business sign, as provided for in Section 27-61500, Signage; and
   2. (2)
      The proprietor, owner, or personnel of the establishment shall prohibit access to the premises by any person who is not yet eighteen (18) years old.
4. (d)
   In order to provide for a reasonable standard of amortization and to prevent an unreasonable loss, all certified nonconforming model studios may continue in operation until January 1, 1985, if properly licensed and in accordance with the provisions of this Subtitle. On or after that date, a model studio may continue only if a special exception for a model studio is approved in accordance with Section 27-3604, Special Exception, of this Subtitle.

The following procedures shall control and shall supersede all other zoning requirements for the legalization of the structures, site plans, and use of multifamily dwellings located in the RMF-20 Zone, constructed pursuant to a validly issued building permit prior to 1970, on land subdivided after November 1967, on a minimum of twenty-five (25) acres of land, and comprised of not more than fifty-six (56) buildings, with not more than six hundred (600) dwelling units.

1. (a)
   The applicant shall file the request with the Planning Board and shall submit the following:

   1. (1)
      An as-built site plan of the subject property;
   2. (2)
      A site plan depicting all proposed modifications to the as-built site plan; and
   3. (3)
      A statement of justification supporting the applicant’s request for a waiver by the District Council of specific provisions of the Zoning Ordinance, including, but not limited to, any required variances, departures, or waviers.
2. (b)
   The Technical Staff shall review the applicant’s request and shall submit specific recommendations to the District Council of either the denial or approval of each of the requested waivers after making the following findings:

   1. (1)
      That the waiver is essential to the revitalization or redevelopment of a deteriorated or obsolescent multifamily project; and
   2. (2)
      That the project serves a public need and is a benefit to the citizens and the property in the surrounding neighborhood.
3. (c)
   Within thirty (30) days after receipt of the Staff’s recommendations, the District Council shall conduct a public hearing on the request. The property shall be posted at least ten (10) calendar days prior to the hearing. The hearing shall also be advertised for two (2) consecutive weeks prior thereto in the County newspapers of record. The District Council, after making the above required findings, may grant any of the waivers requested, thus legalizing a portion or all of a particular structure or use on the subject property. Approval of such a waiver shall not confer certification of nonconforming use status upon the subject property.

This Section establishes rules for lots of record that were platted prior to April 1, 2022, but that do not meet the dimensional standards of the zone in which they are located.

1. (a)
   Any nonconforming lot that has come into conformity with this Ordinance shall not again be changed to a nonconforming lot by action of the landowner.
2. (b)
   Any nonconforming lot or any part of the lot that is nonconforming based on dimensional standards, shall not be modified to increase the nonconformity.

1. (a)
   Use of Nonconforming Lots

Nonconforming lots shall be subject to the standards of Table 27-7403(a): Development of Nonconforming Lots.

2. (b)
   Common Ownership

   Where any nonconforming adjoining lots are held in common ownership on or after April 1, 2022, they shall not be sold, consolidated or transferred to eliminate the common ownership unless they are sold, consolidated or transferred so as to create a conforming lot or lots, where possible, or if not possible, another nonconforming lot but to a lesser extent than the first lot.

(CB-015-2024) 

1. (a)
   Applicability

   This Section applies to conforming lots that are subject to governmental acquisition of part of the lot for a public purpose that results in the lot becoming nonconforming as to the dimensional standards of the zone in which it is located

2. (b)
   Development Standards

   Such lots shall be deemed conforming if:

1.  
   1. (1)
      The use is permitted, or any required special exception is approved;
   2. (2)
      The development proposed complies with the dimensional standards of the applicable zone, to the maximum extent practicable;
   3. (3)
      The development complies with PART 27-6: Development Standards, to the maximum extent practicable;
   4. (4)
      The development complies with all other standards and requirements of this Ordinance; and
   5. (5)
      The development is designed and located in a way that is compatible with surrounding development.

The boundaries, shape, or size of a nonconforming lot shall be modified through a boundary adjustment or the assembly of multiple lots through a resubdivision in accordance with Subtitle 24: Subdivision Regulations, of the County Code, if the boundary adjustment or lot assembly results in the lot becoming more conforming.

Nonconforming signs (including outdoor advertising signs) may be maintained, structurally altered, expanded, repaired, replaced, or relocated in conformance with this Part and the standards in Section 27-61500, Signage, or Section 27-7100, General Requirements and Procedures.

Illegal signs shall be removed, or made to conform to the standards in Section 27-61500, Signage, by the owner or user of the sign, or by the owner of the premises upon which it is located. Signs for which the District Council has validated a permit issued in error (see Section 27-3615, Validation of Permit Issued in Error) are not subject to this requirement.

When a use and occupancy permit has been issued for a certified nonconforming commercial or industrial use of property in a Rural and Agricultural or Residential zone, or land proposed to be used for residential purposes on an approved detailed site plan, signs may be permitted on the property. These signs shall be regulated by the same provisions as those for the least intensive commercial or industrial zone in which the use is normally allowed.

This Section protects existing nonconforming rights for site elements such as parking and loading areas.

Other nonconformities may be continued subject to the following limitations:

1. (a)
   No action shall be taken that increases the degree or extent of the nonconforming site element. Any enlargement, extension or structural alteration of the nonconforming site element shall conform to all requirements of this Ordinance.
2. (b)
   For development existing prior to April 1, 2022, or for which a vested right is established, other nonconformities created by a change in regulations may continue to exist, and structures with those nonconforming features may be reconstructed if they are demolished or destroyed.

Any legally existing use that complies with the previous requirements for parking and loading areas (in effect at the time the use began) shall not be required to comply with the provisions of this Part. If the use is a certified nonconforming use, the parking lot or loading area used with it shall not be reduced, except in accordance with this Part.

1. (a)
   There was fraud or misrepresentation in obtaining the certification; or
2. (b)
   A certified nonconforming use has been discontinued for a period of 180 or more consecutive days, unless the conditions of