§ 27-584. Exclusion of previously existing uses.

(a)

The following shall not be required to comply with the provisions of this Part:

(1)

Any legally existing use that complies with the previous requirements for parking and loading areas (in effect at the time the use began). If the use is a certified nonconforming use, the parking lot or loading area used with it shall not be reduced, except in accordance with this Part;

(2)

Any legally existing use for which any of the parking or loading requirements had previously been waived or reduced by the District Council or the Board of Zoning Appeals, not including departures granted under Section 27-588; and

(3)

Any future use occupying the same premises as either of the above, provided there is no expansion or change of use that would require a greater number of parking or loading spaces (per Sections 27-568 and 27-582) than the number of spaces legally existing under the prior regulations. If the use began prior to the establishment of parking or loading regulations for that use, the phrase "number of spaces legally existing under the prior regulations" shall mean the current regulations of this Part (for the prior legally existing use). In both cases, where additional spaces are created, only the area occupied by the additional spaces shall be required to conform to the Design Standards.

(4)

Any legally existing use in the Town of Upper Marlboro constructed before April 24, 1961; except that any proposal to increase the GFA (Gross Floor Area) or increase the interior floor area used for human occupancy must provide parking for the new floor area in accordance with current parking ratios pursuant to Part 11. Any existing on-site parking may not be used to fulfill the parking requirement for newly created GFA or additional interior space.

(CB-3-1985; CB-77-2004)