Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IX
Nonconforming Uses, Structures and Signs
§ 165-901.01 Continuation of preexisting uses, structures, and signs.
Any use which does not conform to the requirements of this chapter at the effective adoption date of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use, structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at the time when the use, structure, and signs were established.
A.
If any change of ownership, possession or lease of any legally nonconforming use, structure, or sign occurs, the use, structure, or sign may continue according to the requirements of this Part 901.
B.
When the boundaries of a district are changed, any uses, structures, or signs which become nonconforming as a result of such change shall be subject to the provisions of this Part 901.
§ 165-901.02 Discontinuance.
A.
If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use or sign thereafter shall conform to the requirements of this chapter.
[Amended 1-11-2017]
B.
Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued.
§ 165-901.03 Reestablishing discontinued legally nonconforming use.
Any use that was legally nonconforming under the provisions of this Part 901 and that was discontinued due to abandonment may be reestablished by obtaining a conditional use permit. Such conditional use permit shall be granted only for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such requests to reestablish an abandoned use shall be considered following the procedures for conditional use permits in this chapter.
§ 165-901.04 Expansion and modifications.
B.
Legally nonconforming uses listed below may expand or modify one time if the expansion or modification does not increase the degree of nonconformity and does not expand beyond 3,500 square feet or 50%, whichever is less. Measurements shall be based on gross floor area for structures and total land area for uses.
C.
All legally nonconforming uses and structures not specified in § 165-901.04A or 165-901.04B may expand or modify one time if the expansion or modification does not increase the degree of nonconformity and does not result in an overall expansion of more than 2,000 square feet or 50%. Measurements shall be based on gross floor area for structures and total land area for uses. Legally nonconforming residential structures may expand beyond 2,000 square feet or 50% if the expansion or modification does not increase the degree of nonconformity. The Board of Supervisors may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of this chapter are met.
[Amended 9-26-2012]
D.
Whenever a nonconforming use is changed to another use, it shall only be changed to a use that is of equal or less nonconformity in terms of the type or intensity of the use.
E.
A legally nonconforming use or structure that is located within the floodplain districts may be expanded one time, provided that they meet the conditions set forth in this Part 901 as well as Article VII, § 165-702.19, of this chapter.
§ 165-901.05 Legally nonconforming lots of record.
Any lot of record at the time of the adoption of this chapter, which is less in area or frontage than the requirements of this chapter, may be used for uses allowed by this chapter when yard and setback requirements are met. The current setbacks for the particular Zoning District in question are to be applied for all lots, unless the most recent legally approved and recorded plat of the property clearly depicts all appropriate terminology and numeric information for different setbacks.
§ 165-901.06 Restoration or replacement.
[Amended 9-26-2012]
If a legally nonconforming use or structure is destroyed or damaged in any manner, it may be repaired or restored, provided that any such repair or restoration is completed within 12 months from the date the legally nonconforming use or structure was destroyed or damaged. The Board of Supervisors may approve a waiver to allow an extension up to 18 months from the date the legally nonconforming use or structure was destroyed or damaged if requested by the owner. All legally nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if all work is completed within six months from the date the legally nonconforming sign was destroyed or damaged.