Ellicott Town City Zoning Code
ARTICLE XI
Nonconforming Uses and Use District Exceptions
§ 146-63 Nonconforming uses.
[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No. 1-2002]
The buildings, structures, uses or enterprises excluded under the provisions of this chapter from any district shall be designated as nonconforming uses.
Continuing nonconforming use. Any legal use in existence at the time any part of this chapter becomes effective which renders the legal use illegal may be continued as a nonconforming use, except that such nonconforming use shall be continued only upon the premises and in the structure where such nonconforming use then exists (refer to § 146-76). This section shall not be deemed to authorize or validate any use that was in violation of the Code of the Town of Ellicott at such time as the use was rendered nonconforming.
Abandonment, terminating nonconforming use. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use, but a temporary discontinuance of a nonconforming use shall not be deemed a change to a conforming use. The failure to exercise any nonconforming use, except agricultural uses in residential districts, for a period of one-year or more terminates such nonconforming use of the structures or premises, and thereafter such structure or premises shall be used in conformity with this chapter. An agricultural nonconforming use in a residential district shall not be deemed to have been abandoned until the agricultural use has been discontinued and a conforming use is established. A conforming residential use is created when the primary use of the property is a permitted use under Article II of this chapter. Under no circumstances shall the discontinuance of agricultural activities, by itself, be deemed to create a permitted use.
Altering nonconforming use. No existing building or structure devoted to a nonconforming use, or which may be used for such purposes, may be reconstructed or structurally altered and the nonconforming use may not be extended or expanded except within the following limitations:
The structural alteration made in such a building shall in no case exceed 25% of its reasonable market value, unless the use therein is changed to a conforming use. The Assessor shall, upon the request of the officers charged with the administration of this chapter, certify to the reasonable market value of a given building or structure for the purposes hereof, and such certificate shall be accepted as proof of the valuation of the particular building or structure in the initial instance.
No nonconforming use shall be extended or expanded.
No nonconforming use existing at the time of the passage of this chapter shall be changed, extended or structurally altered for the purposes of using it for another nonconforming use excluded from the particular district.
A building or structure devoted to a nonconforming use may be reconstructed, but not expanded, within 12 months of destruction of said building or structure (except signs or billboards specifically prohibited) which has been destroyed by fire or other calamity to the extent of not more than 75% of its assessed valuation.
§ 146-64 Special permit uses.
The special permit uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts for the duration of the permit, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
[Amended 3-7-2002 by L.L. No. 1-2002]
Required plan.
A plan for the proposed development of a site for a special exception shall be submitted with an application for a special exception permit, and such plan shall show the location of all buildings, lots, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that the Board of Appeals deems necessary.
The Board of Appeals may, in its discretion, waive all or part of these requirements if, in its judgment, sufficient information is available to enable the Board to adequately consider the application.
Standards.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it, the location of the site with respect to the existing or future streets giving access to it, the volume of traffic generated by the use and the amount of available off-street parking for vehicles shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. Operations in connection with any special exception use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any permitted use.
The Board of Appeals, in its discretion, may impose suitable terms, conditions and limitations upon the granting of any such permits, in keeping with the intent and purpose of this chapter, and subject to the provisions of this section may limit the duration thereof and may provide that any construction thereunder shall be completed within a period of time stated in such permit.
Conditions. In the granting of special exception permits, the Board of Appeals may require such conditions and safeguards as it deems appropriate under this chapter.
Expiration. A special use permit shall be deemed to authorize only one particular use and shall expire if the special use shall cease for more than 12 months for any reason.
[Amended 3-7-2002 by L.L. No. 1-2002]
Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
[Amended 3-7-2002 by L.L. No. 1-2002]
Revocation. Any special permit granted pursuant to the provisions of this section may be revoked for a violation of any of the terms or conditions stated therein, after a hearing held upon at least 10 days' notice, served in writing. Any permit for a use district exception shall expire two years after the date thereof, and any such permit may thereafter be extended or renewed by the Board of Appeals, at its discretion, for successive two-year periods, after public hearing held upon due notice. Subsequent to the first two-year period, the Ellicott Zoning Board of Appeals may, in its sole discretion, extend the renewal periods beyond two years. Upon the expiration of such permits or upon the revocation thereof, any use permitted thereby shall thereupon cease and shall thereafter be prohibited.
[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No. 1-2002; 6-19-2006 by L.L. No. 2-2006]