(a)

Any building, structure or use lawfully existing at the time of adoption of this article, January 1, 1990, or lawfully existing at the time this article is subsequently amended, may be continued, even though such building, structure or use does not conform to the regulations of the zoning district in which it is located. The rights to repair, maintain, or restore the structure without enlargement of the structure is specifically permitted, except as provided in this section.

(b)

Abandonment of a nonconforming use or structure shall terminate immediately the right to operate such use. "Abandonment" shall be presumed upon the cessation of a nonconforming use other than a seasonal use for a period of six (6) consecutive calendar months. No nonconforming use once abandoned shall thereafter be reestablished, except as provided herein.

(c)

A nonconforming use may be extended or reestablished by resolution of the Board of Appeals provided that the owner or other authorized person demonstrates, by a preponderance of evidence, the following:

(1)

That the cessation of use was not caused by the voluntary act of the owner;

(2)

That the cessation of use resulted from circumstances beyond the owner's control;

(3)

That the owner or other authorized person demonstrates that he or she has made and will continue to make reasonable efforts to overcome the circumstances causing the cessation of use; and

(4)

That the owner or other authorized person demonstrates that the use can be reestablished within a reasonable time, and in considering what constitutes a reasonable time, the Board of Appeals shall consider the circumstances which have caused the cessation of use, the reasonableness of the proposals of the applicant for the reestablishment of the use, and any other relevant factors.

(d)

The Board of Appeals may impose any reasonable conditions in regard to the property for the reestablishment, or pending reestablishment, of the use, for the protection, safety, health, and welfare of the general public.

(e)

Upon application for continuation or reestablishment of a nonconforming use, the Board of Appeals shall refer the matter to the Planning Commission for its review and recommendation.

(f)

The requirements of notice and public hearing shall be in conformity with such general requirements of the Board of Appeals, as set forth in Section 20-5.4, insofar as they are consistent with the provisions of this section.

(g)

In the event that the nonconforming use cannot be reestablished within ninety (90) days from the date of the hearing before the Board of Appeals, the Board shall provide for such periodic hearings as it deems necessary for the purpose of reviewing the status of the application. It shall be discretionary with the Board whether the matter shall be referred to the Planning Commission prior to any such review hearings. The notice requirements shall be the same as those of an original application except that if any review hearing shall be one hundred eighty (180) days or less from the initial hearing or any prior review hearing, the written notices to adjoining property owners shall not be required.

(h)

Fees. The Mayor shall set the fees for activities and services performed by the Department of Economic and Community Development in carrying out its responsibilities under this subsection. Fees shall be subject to review and revision periodically as experience dictates to insure that the fees are equitable and in line with the costs of administration.

(Ord. No. 1991, 1-10-2022)

(a)

Hereafter, no nonconforming use of a building or structure shall be extended, expanded, or altered except in the manner provided in this section or unless required by law.

A nonconforming structure may be altered or expanded, as provided in this section, if the alteration or expansion otherwise meets the requirements of the zoning district in which the structure or use is located and is deemed compatible by the Planning Commission with the development of adjoining properties and properties in the defined neighborhood.

No nonconforming use may be continued pursuant to any business or professional licenses of a regulatory nature other than those under which the nonconforming use was operated at the time the nonconforming use was established. However, the provisions of this section regarding licenses shall not be applicable to nonconforming general office uses as defined in Section 20-1.7 of this article.

(b)

A nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to January 1, 1990, or prior to an amendment thereto and which parts were either completed structurally or substantially completed structurally at the time of adoption of these regulations or any amendment thereto.

(c)

No nonconforming use may be expanded except in the manner provided in this section.

(1)

Applications for expansion.

a.

Applications for expansion of nonconforming uses shall be subject to the procedures established in Section 20-21, Special Exceptions.

b.

Upon approval by the Board of Appeals, a nonconforming use of a structure may be expanded throughout the same structure to occupy a part of a structure that it did not occupy on the effective date of these Zoning Regulations, January 1, 1990.

(2)

Application requirements. All applications for expansion of nonconforming uses shall be accompanied by plans and on any forms prescribed by the Economic and Community Development Director and shall at a minimum include the following:

a.

A statement in writing by the applicant and adequate evidence showing that the expanded nonconforming use will conform to the standards set forth in the article.

b.

Applicant shall provide the names and address of all persons having a financial or vested interest in the project and in the case of firms, partnerships and corporations, the names, and addresses of all principals of the firm, partnership or corporation, who have financial or vested interest in the project for which the application is made.

(3)

Review criteria and findings. The recommendation of the Planning Commission and decision by the Board of Appeals must be based upon written findings with respect to the following:

a.

Compared with the existing nonconforming use, the expanded use will not be substantially more detrimental to the public health, safety, or general welfare.

b.

The expanded use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminishes and impairs property values within the neighborhood.

c.

The expanded use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, road access, drainage, and necessary facilities have been or are being provided.

e.

Adequate measures have been or will be taken to minimize traffic congestion in the public streets.

(4)

Expiration of approval. No approvals or expansion of a nonconforming use shall be valid for a period longer than one (1) year from the date of the approval, unless the building permit is obtained within that period and the expansion of the use is commenced within that period. However, the Planning Commission, upon a showing of good cause, may grant up to two (2) successive extensions of the approval for a period not longer than six (6) months each, provided that a written application for each extension is filed while the prior approval is still valid.

(5)

Appeals. Appeals from decisions of the Board of Appeals under this section shall be made to the Circuit Court of Maryland for Prince George's County.

(d)

Structural alterations of a building or structure, which do not conform to the provisions of this article, may be made only if the building is being altered to conform to the requirements of the zone in which it is located or to maintain the building or structure in safe repair, not to include, however, major reconstruction.

(e)

Where no structural alterations are made in a building containing a nonconforming use, such use may be changed to one (1) of a similar or more restrictive classification; but no building or structure in which a nonconforming use has been changed to a more restrictive classification shall again be devoted to a less restrictive use.

No building in which a nonconforming use has been changed in whole or in part to a permitted or special exception use shall again be devoted to a prohibited use.

(Ord. No. 1991, 1-10-2022)

No nonconforming use may be expanded except in the manner provided in this section.

(a)

Applications for expansion.

(1)

Applications for expansion of nonconforming uses shall be subject to the procedures established in Section 20-5.3, Filing of petitions and accompanying data for special exceptions and variances.

(2)

Upon approval by the Board of Appeals, a nonconforming use of a structure may be expanded throughout the same structure to occupy a part of a structure that it did not occupy on January 1, 1990.

(b)

Application requirements. All applications for expansion of nonconforming uses shall be accompanied by plans and on any forms prescribed by the Economic and Community Development Director and shall at a minimum include the following:

(1)

A statement in writing by the applicant and adequate evidence showing that the expanded nonconforming use will conform to the standards set forth in this article.

(2)

Applicants shall provide the names and addresses of all persons having a financial or vested interest in the project and in the case of firms, partnerships and corporations, the names and addresses of all principals of the firm, partnership or corporation, who have a financial or vested interest in the project for which the application is made.

(c)

Review criteria and findings. The recommendation of the Planning Commission and decision by the Board of Appeals must be based upon written findings with respect to the following:

(1)

Compared with the existing nonconforming use, the expanded use will not be substantially more detrimental to the public health, safety, or general welfare.

(2)

The expanded use will not be injurious to the use and enjoyment of other property in the immediate vicinity, for the purposes already permitted, or substantially diminishes and impairs property values within the neighborhood.

(3)

The expanded use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, road access, drainage, and necessary facilities have been or are being provided.

(5)

Adequate measures have been or will be taken to minimize traffic congestion in the public streets.

(d)

Expiration of approval. No approvals of expansion of a nonconforming use shall be valid for a period longer than one (1) year from the date of the approval, unless the building permit is obtained within that period and the expansion of the use is commenced within that period. However, the Economic and Community Development Director, upon a showing of good cause, may grant up to two (2) successive extensions of the approval for periods not longer than six (6) months each, provided that a written application for each extension is filed while the prior approval is still valid.

(e)

Appeals. Appeals from decisions of the Board of Appeals under this section shall be made to the Circuit Court of Maryland for Prince George's County.

(Ord. No. 1991, 1-10-2022)

(a)

When conversion to a two-family dwelling is proposed, the minimum lot area is at least seven thousand five hundred (7,500) square feet.

(b)

When conversion to a dwelling to contain two (2) or more families is proposed, the minimum lot area shall be at least seven thousand five hundred (7,500) square feet, plus an additional two thousand (2,000) square feet for each additional family in excess of two (2).

(c)

Any permission granted pursuant to this section by the Planning Commission shall be deemed to be revoked if the size of the lot upon which the dwelling is located is reduced by sale or transfer to less than the minimum area required by this section.

(d)

No external structural changes whatever are permitted, except if the interior stairways are not considered adequate for fire protection by the City Fire Marshal, then fire escapes shall be constructed in the rear of the building where practicable, and in no case facing any street. Dormer windows may be installed in the structure proposed to be converted. Other than fire escapes, no outside stairways shall be permitted.

(e)

Off-street parking at the ratio of at least one (1) parking space per family unit shall be provided. Such off-street parking shall be in form of either a garage or a property surfaced and drained; outdoor parking space in the rear of the building only.

(f)

The owner of the building for which conversion is sought shall include, with his petition for conversion, complete plans showing in detail the proposed remodeling of the building.

(g)

Building and Use and Occupancy Permits shall be issued by the Chief Building Official (CBO) in accordance with the decision of the Planning Commission. Use and Occupancy Permits for converted dwellings shall be valid for a period of two (2) years only, and must be renewed at the end of that time.

(h)

That each apartment shall consist of at least a dwelling room, complete private cooking facilities and a private bath, each such apartment to contain a minimum of two hundred fifty (250) square feet of floor space, exclusive of bath, of which not less than fifty (50) square feet shall be in the kitchen and not less than one hundred (100) square feet in each bedroom.

Satisfactory evidence as to the actual existence of a nonconforming use is a prerequisite to its continuance and shall be established by the issuance of a use and occupancy permit by the Chief Building Official upon approval and certification by the Planning Commission. In addition, it shall be supported by documentary evidence, such as tax records, business records, public utility installation or payment records and written statement(s), based on personal knowledge, containing specific data respecting the exact nature of the building, structure and use; the location thereof, accompanied by a legal description; the commencing date of such use and continuity thereof as nearly as can be determined; the precise limits of the use as to land area, building, and the like. Such written statement(s) shall be prima facie evidence only as to the facts stated therein and shall not be conclusive, even though not contradicted by counter statement(s). The Planning Commission, in determining the sufficiency of applications for such permits, shall consider such information as may be made available to it by the Department of Economic and Community Development.

(Ord. No. 1991, 1-10-2022)

Where an otherwise lawful structure exists on the effective date of this article, January 1, 1990, or on the date of an amendment to this article, or where an otherwise lawful lot on which such structure is located is diminished in area by reason of taking under eminent domain, purchase by or other governmental action, so that such structure could not then be built under the terms of this article, for reason of insufficient net lot area, percentage of building coverage of the lot, such structure shall not be regarded as a nonconforming use; provided, that any structural change, repair, addition, alteration, or reconstruction, shall not increase, extend, enlarge or otherwise affect the dimension or dimensions which are deficient.

Notwithstanding any of the provisions hereof, nonconforming single-family dwellings existing on January 1, 1990, and located within any fifty (50) year flood plain which abuts a creek or other recess, cove, bay, or inlet in the shore of a river, damaged or destroyed to the extent of not more than seventy-five (75) percent of the reconstruction value of the building as a result of a flood, may be repaired or reconstructed to the pre-existing dimensions.