This chapter establishes separate districts, each of which is an appropriate area for the location of the uses that are permitted in that district. It is necessary and consistent with the establishment of those districts that nonconforming buildings, structures, and uses substantially and adversely affecting the orderly development and taxable value of other property in the district be permitted to continue only with restrictions as herein contained. The purpose of this article is to provide for the restriction of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

Any nonconforming building, structure, or uses that existed lawfully at the time of the adoption of this chapter and that remains nonconforming and any such building, structure, or use that shall become nonconforming upon the adoption of this chapter or of any subsequent amendments thereto may be continued consistent with current regulations.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone, provided that yard dimensions shall conform to the regulations for the zone in which such lot is located.

A single lot or parcel of land in the Critical Area Overlay District that was legally recorded as of August 3, 1989, may be developed with a single-family dwelling and customary accessory building, if the dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions contained in § 170-31.4. This provision shall only apply as follows:

1. Any lot on which development activity has legally progressed to the point of pouring foundation footing or installation of structural members, prior to August 3, 1989, will be permitted to complete construction as per existing development approvals.
2. Any legal parcel of land not being part of a recorded subdivision, that was recorded as of December 1, 1985, and that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval prior to June 1, 1984, provided that:
   1. Lots not individually owned are reconfigured so as to permit compliance with the Buffer requirements; and
   2. Any development of such lands complies "insofar as possible" with the provisions of the Critical Area Overlay District as determined by the Centreville Planning and Zoning Commission.
3. Land that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval between June 1, 1984, and December 1, 1985; and
4. Land that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval after December 1, 1985, provided that either any such land conforms to the provisions of the Critical Area Overlay District or the area of land is counted by the Town against the growth allocation permitted under COMAR 27.01.02.06.
   

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 § 170-14, 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 by other characteristics of the structure or its location on the lot, such use may be continued subject to § 170-14, so long as it remains otherwise lawful.

If a lawful use of a structure and premises, in combination, exists prior to 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 use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. 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 for the district in which it is located.
2. Continuing existing uses. Except as provided herein, any lawful use, building, or structure existing at the time of the enactment of this chapter (including 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.
3. 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 unless the use thereof is changed to a use permitted in the district in which such building or premises is located except as follows.
4. 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 §§ 170-58 and 170-59 of this chapter, a nonconforming use of land may be changed to another nonconforming use, or a nonconforming use of a building may be changed to one of a less restricted classification.
5. Discontinuance of a nonconforming use. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed. Any subsequent use of the building, structure, or premises shall conform to the uses permitted in the zoning district.
6. 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 an 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. The expansion or redevelopment of existing structures and other development in the Modified Buffer Area may not increase impervious surfaces shoreward of the existing structure and shall not result in an increase greater than 25% in the total site area in impervious surfaces and shall be subject to the special provisions of § 170-30. Any other extension of a nonconforming building or use shall be subject to Board of Appeals approval as provided in §§ 170-58 and 170-59. 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 II.
   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 setback line for the district. In the Modified Buffer Area such additions shall be located so as to minimize the shoreward extent of impervious surfaces, insofar as possible. In no case may such additions extend shoreward of any required setback line or as defined by existing structures on adjacent lots or parcels, whichever is more restrictive.
   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.

[Amended 7-16-2015 by Ord. No. 06-2015]

Certain nonconforming uses shall be terminated in accordance with the following provisions:

1. 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:
   1. Junkyards.
2. Within not more than five years from the effective date of this chapter or amendment of this chapter all nonconforming off-site 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 special exception 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.