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ZC Case No. 19-14 – Nonconforming Structures – Effective November 13, 2020

Friday, November 20, 2020

ZC Case No. 19-14 – Nonconforming Structures – Effective November 13, 2020

Description of the Amendment:

The text amendment clarifies the zoning treatment of enlargements and additions to nonconforming structures. In particular, in Subtitle C § 202.2, the text amendment clarifies that nonconforming structures are permitted to expand as a matter of right so long as the enlargement or addition conforms to the development standards. Where non-compliant, zoning relief would be needed from applicable development standards of each subtitle and not from Subtitle C § 202.2 specifically. Although focused on nonconforming structures, the text amendment also changes the relief required for principal residential developments on substandard record lots as well as clarifies and reorganizes the special exception provisions in Subtitles D-F, as follows:

  • Subtitle D, Chapter 52: to remove the current reference to relief from Subtitle C § 202.2; to clarify which development standards are eligible for special exception relief and under what criteria; and to consolidate all special exception authority in this chapter by deleting current §§ 5007, 5108, and 5204;
  • Subtitle E, Chapter 52: to remove the current reference to relief from Subtitle C § 202.2; to clarify which development standards are eligible for special exception relief and under what criteria; and to consolidate all special exception authority in this chapter by deleting current §§ 5007, 5108, and 5204;
  • Subtitle F, Chapter 52: to clarify which development standards are eligible for special exception relief; and to consolidate all special exception authority in this chapter by deleting current §§ 5005, 5107, and 5204; and
  • Subtitle X, Chapter 10: to remove the reference to Subtitle C § 202.2 as relief from that section is no longer required.

For more information, please see the text of the Notice of Final Rulemaking (link)