“Nonconformities” address structures, uses of land, and uses of structures that were lawful before the Zoning Regulations of 2016 (ZR 2016) were adopted, but that would be prohibited, regulated, or restricted under the terms of ZR 2016 as it may be amended, and provides:
- Guidance regarding continuance, expansion, or replacement of nonconforming uses;
- Guidance on additions or expansions to nonconforming structures; and
- Regulations for rebuilding nonconforming structures or reestablishing nonconforming uses.
Nonconformities are regulated in the following categories:
- Nonconforming use of land or structures; and
- Nonconforming structures.
Except as otherwise permitted in Subtitle C, Chapter 2, nonconforming structures or uses may not be enlarged upon, expanded, or extended, nor may they be used as a basis for adding other structures or uses prohibited elsewhere in the same zone district.
Any nonconforming use of a structure or of land, or any nonconforming structure lawfully existing on the effective date of ZR 2016 that remains nonconforming, and any use or structure lawfully existing that became nonconforming on the effective date of ZR 2016, may be continued, operated, occupied, or maintained, subject to the provisions of Subtitle C.
It is necessary and consistent with the establishment of the separate zone districts under ZR 2016 that all uses and structures incompatible with permitted uses or structures shall be regulated strictly and permitted only under rigid controls, to the extent permitted by the Zoning Act of 1938.
For more information on the following topics, please see the corresponding referenced sections:
- Nonconforming Structures – Subtitle C, § 202
- Destruction of a Nonconforming Structure – Subtitle C, § 203
- Nonconforming Use – Subtitle C, § 204
- Destruction of a Structure Devoted to a Nonconforming Use – Subtitle C, § 205