Gaithersburg City Zoning Code

(A)

The regulations of this article are intended to:

(1)

Recognize the interests of property owners to continue the lawful use their property, without encouraging the persistence of those uses deemed incompatible with permitted uses in the zones;

(2)

Place reasonable limits on the enlargement, relocation, replacement, repair, and or structural alteration of nonconformities.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. The regulations of this article govern any structure, use of land, lot, or sign that came into existence legally, but which no longer complies with the terms of this chapter as enacted or amended.

(B)

In-progress construction. Nothing in this zoning ordinance shall be deemed to require a change in the plans, construction or designated use of any building reflecting a vested right, on which actual construction, as defined herein, was lawfully begun prior to the effective date of the adoption or amendment of this chapter, and upon which actual construction has been diligently carried on.

(C)

Nonconformance caused by government action. Notwithstanding any other provision of this zoning ordinance , where land within the city is occupied by one or more structures in compliance in all respects with this chapter, and part of such land is acquired by any governmental agency, and such acquisition causes the property in question to be in violation of one or more provisions of this chapter including, but not limited to, insufficient net lot area, insufficient off-street parking, excess percentage of coverage of the lot by the structure, insufficient minimum yards, insufficient green space or excessive height of the structure or structures shall not be treated as in violation of this chapter and may be used, structurally altered, reconstructed, repaired or enlarged to the same extent that such use, structural alteration, reconstruction, repair or enlargement would have been permissible under the provisions of this chapter had the acquisition by such public agency not taken place.

(D)

Special exceptions. Any use for which a special exception is permitted as provided in this chapter shall, to the extent of that special exception, not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such zone.

(E)

Public safety. 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.

(Ord. No. O-5-24, 7-15-24)

(A)

A nonconforming structure is a structure that existed at the effective date of the adoption or amendment of this zoning ordinance, was permitted or otherwise legally allowed under the prior zoning regulations to include herein prior versions of this chapter, and could not be built under the revised 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.

(B)

A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be moved for any reason and for any distance, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.

(C)

Repair and maintenance. In the event that damage or destruction of a nonconforming structure involves more than fifty (50) percent of the gross floor area of the structure, as determined by the building official, it shall not be reconstructed except in conformity with the provisions of this chapter, except as follows:

(1)

Where such damage or destruction as caused by a fire, flood, earthquake, or other act of God, results in a total loss, as determined by the building official, reconstruction of the nonconforming structure may be undertaken, provided that such reconstruction is diligently pursued under a valid building permit and does not increase the cubic content of the structure or the extent of the nonconformity.

(D)

Townhomes, carports, and garages, as defined herein, are excepted from the limitations imposed by this article as follows:

(1)

Any townhouse which was in existence on March 20, 1978, and which does not comply with this chapter is declared to be lawful and not subject to the requirements of this article regardless of such noncompliance.

(2)

Any carport or garage in an R-A zone or R-90 zone which was in existence on August 1, 1975, is declared to be lawful whether or not it is now located in compliance with the dimensional requirements of this chapter and whether or not it was constructed in compliance with the applicable dimensional requirements in existence at the time of its construction. No such carport or garage shall be subject to the limitations imposed by section 24-10.3.

(Ord. No. O-5-24, 7-15-24)

(A)

Definition. A nonconforming use of a structure, land, or a structure and land in combination, is a use that existed at the effective date of the adoption or amendment of this zoning ordinance, was permitted or otherwise legally allowed under the prior zoning regulations, and does not comply with the terms of this chapter.

(B)

Nonconforming structure. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing nonconforming structure shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered.

(2)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall does not eliminate the nonconforming status of the land.

(C)

Nonconforming use. A nonconforming use may be continued subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, or by the addition of other uses of a nature which would be prohibited in the zone in which it is located.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment of this chapter.

(3)

If any such nonconforming use ceases for any reason for a period of more than ninety (90) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.

(4)

Any nonconforming use may be extended throughout any parts of the interior of a building which were manifestly arranged or designed for use on the effective date of the adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(5)

If no structural alterations are made, any nonconforming use may be changed to another nonconforming use only upon a finding by the city council, after public hearing, that the change is required:

(a)

To preserve a historic structure; or

(b)

As part of the renewal, revitalization or restoration of a specific geographic area designated by the city council; or

(c)

To prevent a confiscatory taking of the property. In permitting such change, the city council may require appropriate conditions and safeguards to protect and enhance the public welfare.

(D)

Repair and maintenance. On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on the repair or replacement of nonbearing walls, fixtures, wiring or plumbing, subject to the following provisions:

(1)

Such work may not exceed twenty (20) percent of the gross floor area of the structure, as determined by the building official;

(2)

Such work shall not increase the cubic content of the structure or the extent of the nonconformity.

(Ord. No. O-5-24, 7-15-24)

(A)

Notwithstanding any other provision of this chapter, the planning commission shall be authorized to allow any nonconforming structure, or any structure occupied by a nonconforming use, to be enlarged, relocated, replaced, repaired or structurally altered in any zone, upon a finding by the commission that such work will not adversely affect the use or development of any other property, and upon such conditions that the commission finds necessary to avoid such adverse effect. To determine whether the proposed work will adversely affect the use or development of any other property, the commission shall consider:

(1)

The stated purpose of the applicable zoning district;

(2)

The compatibility of the nonconforming structure or of the nonconforming use with the surrounding properties;

(3)

Whether the proposed enlargement, relocation, replacement, repair or structural alteration will increase the presence of objectionable noise, vibrations, fumes, odors, dust, glare, chemical contamination, or physical activity and/or adversely the health or safety of persons residing, working, or traveling in the neighborhood of the proposed use;

(4)

The degree of the proposed enlargement, relocation, replacement, repair or structural alteration;

(5)

The circumstances necessitating the enlargement, relocation, replacement, repair or structural alteration;

(6)

The consistency with the either the master plan and/or the current City of Gaithersburg Strategic Plan; or

(7)

Any other relevant factor.

(Ord. No. O-5-24, 7-15-24)

A nonconforming lot is a lot that was legally recorded prior to the effective date of the adoption or amendment of this chapter, complied with all zoning regulations in effect at that time such that it was buildable, and does not comply the terms of this chapter.

(Ord. No. O-5-24, 7-15-24)

Any sign lawfully displayed on the effective date of the adoption or amendment of this chapter which does not conform to this chapter, is a legally nonconforming sign and can remain in place unless and until such sign is structurally altered, as defined herein, including any change in size, height, or placement.

(Ord. No. O-5-24, 7-15-24)