No building, structure, or land shall hereinafter be used or occupied, and no building or structure or part thereof shall hereafter be altered, erected, constructed, or reconstructed, unless in conformity with all the regulations herein specified for the district in which it is located.

(Ord. 77-1-78, § 40-41, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   As authorized in Chapter 2-13 of the Code of Public Local Laws of Frederick County, the county may establish, extend and maintain water, sewerage, drainage and solid waste systems in the county. As specifically provided in § 2-13-3(D)(5)(III), in exercising these powers the county shall not be subject to the provisions of any planning regulations or zoning ordinances enacted under the provisions of Article 66B of the Annotated Code of Maryland.

   (B)   Government utilities shall be permitted in any district, it being the intention to exempt such facilities from the application of this chapter; except, that the plans of any overhead electric transmission line of 69 kilovolts or greater, of any cross country telephone trunk line, including microwave, transmission pipe line proposed to be created or installed in any district, shall be submitted to the Planning Commission in adequate time for its review and recommendation. A nongovernmental utility that is proposed either on a site area measuring 1,500 square feet or less, or that includes a structure that measures 500 square feet or less and is 10 feet in height, is also exempt from the application of this chapter.

   (C)   A proposed public building or facility owned by, or located on property owned by, the county will be submitted to the Frederick County Planning Commission (FCPC) for nonbinding review and comment. The FCPC will hold a public meeting on the proposed public building or facility, after nonbinding review and comment by the Community Development Division in accordance with §§ 1-19-3.300.1(D)(1) and 1-19-3.300.3 of this chapter.

(Ord. 77-1-78, § 40-49(D), 1-24-1977; Ord. 00-28-270, 9-7-2000; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 09-22-526, passed 7-14-2009; Ord. 14-23-678, 11-13-2014)

   (A)   Within the zoning districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land, and/or structures, which were lawful before January 24, 1977 or before this chapter was amended, but which would not conform to regulations and restrictions under the terms of this chapter or future amendments thereto, and which could not be built or used under existing regulations.

   (B)   The purpose of nonconforming lot, structure, and use provisions are to allow such nonconformities to continue to exist subject to the regulations contained in this division while not increasing the nonconformity. It is not the policy of the county to pursue elimination of these nonconformities.

(Ord. 77-1-78, § 40-42, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   A nonconforming lot is a lot which was legally subdivided and recorded in the county land records prior to adoption, or amendment, of this chapter and which after adoption or amendment of this chapter does not comply with the dimensional requirements of this chapter.

   (B)   In any district where permitted a single-family dwelling and customary accessory buildings may be erected in any nonconforming lot and in any commercial or industrial district a principal permitted use and customary accessory buildings may be erected on any nonconforming lot, provided all of the following conditions are met in both cases.

      (1)   The lot is located in a district in which the proposed use is permitted.

      (2)   This provision shall apply even though such lot fails to meet the requirements for street frontage, area, or width that are applicable in the district. The yard dimensions of the lot shall conform to the regulations for the district in which such lot is located.

      (3)   If said lot lacks street frontage, it must be proven that said lot has an unrestricted right of access.

   (C)   Any lot reduced in area or yard setback to a nonconforming lot by reason of a re-alignment or dedication of any existing federal, state or county highway or by reason of a condemnation proceeding is a nonconforming lot of record and any lawful structure on the lot before such reduction in lot size is a nonconforming structure and may continue. However, this provision does not apply to the creation of new streets, roads or courts in a proposed subdivision.

   (D)   A nonconforming lot due to lack of road frontage may be subdivided providing the new lot has road frontage that conforms with § 1-19-4.520 and the remainder has an unrestricted right of access and does not have less road frontage than before subdivision.

(Ord. 77-1-78, § 40-42(A), 1-24-1977; Ord. 77-10-77, 8-22-1977; Ord. 79-19-145, 8-7-1979; Ord. 80-31-183, 10-7-1980; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   A nonconforming structure is a structure lawfully existing January 24, 1977 or on the effective date of an 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 other characteristics of the structure or its location on the lot. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      (1)   The conforming portion of a nonconforming structure may be expanded or modified provided that the expansion or modification does not increase the portion of the structure determined by the Zoning Administrator to be nonconforming.

      (2)   The nonconforming portion of a nonconforming structure may be modified in accordance with the requirements of this chapter provided that the modification reduces the portion of the structure determined by the Zoning Administrator to be nonconforming, or if the modification meets the conditions set forth in subsection (C) below.

      (3)   Such structure once destroyed by any means will not be reconstructed unless:

         (a)   It is in conformity with this chapter; or

         (b)   The Board of Appeals grants a variance;

      (4)   Such structure once moved, will thereafter conform to the regulations for the district to which it is moved.

      (5)   This movement does not include minor shifting or settling of the structure from natural or accidental causes.

   (B)   Except as specified below in subsection (C), the Board of Appeals shall not grant a variance to a nonconforming structure for the portion of structure determined by the Zoning Administrator to be nonconforming.

   (C)   The Board of Appeals may grant a variance to expand a nonconforming portion of an existing nonconforming structure only if the proposed expansion does not:

      (1)   Increase the original footprint of the nonconforming portion of the structure;

      (2)   Extend farther into the required setback(s) than the existing nonconforming portion(s) of the nonconforming structure; or

      (3)   Include the construction of a nonconforming porch, enclosure of an existing nonconforming porch, or the addition of stories on top of a nonconforming porch.

(Ord. 77-1-78, § 40-42(B), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 21-01, passed 3-2-2021)

   (A)   A nonconforming use is a use which legally exists on January 24, 1977 or at the time of amendment of this chapter but that does not comply with the regulations of the district in which it is located. Nonconforming uses are incompatible with permitted uses in the same district and will not be modified or enlarged, except with the approval of the Board of Appeals.

   (B)   The Board of Appeals may grant an approval to change a nonconforming use to another nonconforming use where a specific finding is made that:

      (1)   No structural alterations are made;

      (2)   The proposed use is more appropriate to the district; and

      (3)   A nonconforming use will not be changed to a use considered less appropriate to the district;

   (C)   The Board of Appeals may grant an approval to expand a nonconforming use. Expansion is limited to the lot that exists on January 24, 1977. Additional acreage or dwelling units will not be added to expand a nonconforming use.

   (D)   The Board of Appeals may impose conditions within the scope of this chapter on the granting of an approval within this section.

   (E)   A nonconforming use which has ceased for one year or more shall be void and have no further status.

   (F)   The casual, temporary or illegal use of land does not establish the existence of a nonconforming use.

   (G)   Existing mobile home parks.

      (1)   A mobile home park which existed on January 24, 1977 may continue in existence under the rules and regulations then in effect.

      (2)   A mobile home located in an existing mobile home park on the effective date of this section may be replaced by another mobile home no larger than 840 square feet in size.

      (3)   No increase in the number of units or parcel size of any existing mobile home park will be allowed except as provided in § 1-19-10.600.2, Mobile home parks.

(Ord. 77-1-78, § 40-42(C), 1-24-1977; Ord. 05-30-391, passed 11-15-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   Accessory structures include garages, tool sheds, storage buildings, barns, signs, or other similar structures. An accessory structure having any part of a wall in common with a dwelling is considered part of the main building. A mobile home is not an accessory structure, except as a tenant house on a farm.

(Ord. 77-1-78, § 40-47(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   (A)   No accessory building will be erected within the required front yard, except as provided in § 1-19-8.250.1. No accessory structure will be erected within 6 feet of any lot lines or within 6 feet of any building on the lot, except as provided in § 1-19-8.250.1.

   (B)   No accessory structure, wind energy system, solar array or associated structure, will be erected within the required front yard setback, except as provided in § 1-19-8.250.1.

   (C)   Accessory structures shall be located on the same parcel as the principal permitted use or structure.

   (D)   Accessory structures on residential properties see also § 1-19-8.240.

(Ord. 77-1-78, §40-47(B), 1-24-1977; Ord. 06-24-420, 6-20-2006; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   (A)   Any preliminary plat for subdivision which has been approved by the Planning Commission as of January 24, 1977, but which has not received final plat approval and been duly recorded among the plat records of the county shall be considered valid and be subject to the provisions of the zoning regulations in effect prior to January 24, 1977; provided that final plats covering all lots shall be filed by January 24, 1978, except those lots located in restricted soils which had duly filed percolation test application as of January 18, 1977. These subdivisions and lots are listed by the Health Department. Final plats for lots not affected by restricted soils shall be recorded by June 30, 1978.

   (B)   Final plats covering all lots involving restricted soils and listed by the Health Department shall be filed by August 30, 1978. These final plats for all lots shall be recorded by December 16, 1978.

   (C)   Any plat which receives final approval and has been duly recorded in accordance with the above after January 24, 1977 shall be subject to requirements for lots of record as contained in §§ 1-19-4.200 through 1-19-4.230 of this Code. Any preliminary plat not receiving final plat approval, and which is not duly recorded as specified above, shall be subject to the new zoning regulations.

(Ord. 77-1-78, 1-24-1977; Ord. 78-4-102, 1-17-1978; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Except as otherwise permitted by this chapter:

   (A)   Only 1 structure used for dwelling purposes is permitted on a single lot;

   (B)   In commercial or industrial districts, only 1 principal structure and customary accessory structures will be permitted on any single lot.

(Ord. 77-1-78, § 40-43(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Subdivision of existing lots is not permitted where the proposed subdivision would create any lots which do not comply with all requirements of this chapter.

(Ord. 77-1-78, § 40-43(B), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Every building or structure used in whole or part for dwelling purposes and hereafter erected or moved will be located on a lot abutting for at least 20 feet on a county or state road or street. However, panhandle lots created by subdivision plat which are located side-by-side and utilize a common driveway may abut for only 10 feet each on a county or state road. The 10 foot width of each panhandle may only be allowed for the length of 2 or more panhandles which are side-by-side. If a single panhandle is created, or that portion of a panhandle which is not adjacent to another panhandle, the 20 foot width shall be required.

   (B)   In a townhouse, garden apartment development, cluster subdivision, MPDU project, Planned Unit Development, or a Mixed Use Development project with a residential component, the lots may face on a common open space, or private street, provided that the plan of such development is approved by the Planning Commission.

   (C)   Every building, structure or use of land used in whole or in part for commercial or industrial purposes will be located on a lot abutting for at least 80 feet on a paved public road; provided, however, where a common entrance is used, the minimum frontage of each lot shall be 50 feet.

(Ord. 77-1-78, § 40-43(C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 96-06-158, 3-12-1996; Ord. 02-26-322, 11-21-2002; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   Those areas of a lot which lie in an established or proposed street right-of-way as indicated on the County Comprehensive Plan do not qualify as part of the required minimum lot area. The area within the "handle" of a panhandle lot does not qualify as part of the required minimum area.

(Ord. 77-1-78, § 40-43(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   Any lot to be served by an individual water supply and individual sewage disposal system regardless of the zone in which it is located will have a minimum area of 40,000 square feet and a minimum lot width of 100 feet. The minimum lot areas will be increased to include any additional area deemed necessary by the County Health Department. Where a public or an acceptable community sanitary sewer system is accessible and used in conjunction with individual wells, the minimum lot area and frontage requirements shall be 15,000 square feet and 80 feet, respectively.

(Ord. 77-1-78, § 40-43(E), 1-24-1977; Ord. 82-11-255, 6-8-1982; Ord. 84-6-302, 4-3-1984; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The minimum front yard depths, as specified in this chapter, will be measured in the following manner.

   (A)   The depths will be measured from the proposed or established right-of-way lines as determined by the Master Highway Plan, or as modified or supplemented by an officially adopted state or county road widening or location plan, an attested copy of which is filed with the County Planning Commission, such plan will control.

   (B)   Where a state or county road is proposed for improvement, but no such officially adopted plan is on file, the State Highway Administration or County Highways Department may be allowed not over 180 days from the date of the application for a zoning certificate and building permit within which to establish a proposed right-of-way plan.

(Ord. 77-1-78, § 40-44(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   On a corner lot in any district, nothing will be erected, placed, or planted in such a manner as to impede vision within 20 feet of the intersection of the road right-of-way lines. This rule will not apply to trees existing as of January 24, 1977.

(Ord. 77-1-78, § 40-44(B), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   In the case of corner lots, a full front yard of the required depth will be provided off both front lot lines, except as modified in §§ 1-19-6.120 through 1-19-6.170 of this Code.

   (B)   In the case of through lots, front yards will be provided off all front lot lines, except as permitted by §§ 1-19-6.120 through 1-19-6.170 of this Code.

(Ord. 77-1-78, § 40-44(C), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   When a court is provided, the minimum dimensions will be as follows.

   (A)   Minimum width. For residential buildings other than a single-family dwelling, the minimum width shall be the sum of the heights of the opposite building walls, but not less than 40 feet. For nonresidential buildings, two-thirds the sum of opposite buildings walls, but not less than 30 feet.

   (B)   Minimum depth. One and one-half times the width.

(Ord. 77-1-77, § 40-44(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)