§ 27-242. Alteration, extension, or enlargement.

(a)

In general.

(1)

A nonconforming building or structure, or a certified nonconforming use (except as provided for in this Section) may be altered, enlarged, or extended, provided that:

(A)

The alteration, enlargement, or extension conforms to the building line setback, yard, and height regulations of the zone in which the use is located; and

(B)

A special exception has been approved by the District Council, in accordance with Part 4 of this Subtitle.

(b)

Exceptions.

(1)

Surface mining.

(A)

A certified nonconforming use involving surface mining may be expanded to include the entire parcel of land (or acreage owned or leased at the time the use became nonconforming) upon which the removal operations were initially conducted, provided the initial use predates the adoption of the original Zoning Map for the area. This expansion does not require a Special Exception (Section 27-384). This exception does not apply if the use is located in a one hundred (100) year floodplain. Additionally, if the use is located within a Chesapeake Bay Critical Area Overlay Zone, a Special Exception for surface mining in accordance with Section 27-410 is required.

(2)

Structures in floodplains.

(A)

Existing nonconforming buildings, structures, and uses within a one hundred (100) year floodplain may be modified in accordance with Section 27-243.02. These modifications do not require a Special Exception if the nonconforming building, structure, or use is not enlarged or extended.

(3)

Gas stations.

(A)

The following modifications of a certified nonconforming gas station may be permitted by the Planning Board without a special exception (Section 27-384):

(i)

The enlargement or relocation of pump islands;

(ii)

The addition of one (1) pump island;

(iii)

The addition, relocation, or modification of a fence, kiosk, island shelter, island canopy, storage area, trash enclosure, vending area, or lavatory facility;

(iv)

The addition, relocation, or modification of an accessory building used solely for the storage of automotive replacement parts or accessories. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to that of the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The screening shall be approved as part of the modification.

(B)

A site plan shall be submitted showing the modifications.

(C)

The modifications shall not violate any condition of a previously approved Special Exception for a gas station on the property.

(D)

The modification shall be in conformance with Section 27-358(a)(5), (6), (7), (8), and (10), Section 27-358(c), and any provisions of the zone in which the property is located.

(E)

At the time the application is filed, a fee shall be paid by the applicant to cover the costs of processing the application. The amount of the fee shall be established by the Planning Board.

(F)

The Planning Board's decision on the requested modification shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice. The Clerk of the Council shall notify the Planning Board of any appeal of review decision. Within seven (7) days after receiving this notice, the Planning Board shall transmit to the District Council all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. The District Council shall schedule a public hearing on the appeal or review. The Council shall give at least thirty (30) calendar days notice of the hearing to all persons of record and the Planning Board, all of whom shall be entitled to appear at the hearing. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the modification request to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a modification, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(4)

Drive-in and fast-food restaurants.

(A)

The following modifications of a certified nonconforming drive-in or fast-food restaurant may be permitted by the Planning Board without a Special Exception (Section 27-384):

(i)

The addition, relocation, or modification of a freezer on the sides or rear of the restaurant building;

(ii)

The addition, relocation, or modification of gross floor area in order to provide rest rooms to serve the physically handicapped;

(iii)

The addition, relocation, or modification of vestibules above and around points of access to the restaurant building; or

(iv)

The addition, relocation, or modification of a fence, storage area, or trash enclosure.

(B)

A site plan shall be submitted showing the modifications.

(C)

The modification shall not violate any condition of a previously approved Special Exception for a drive-in or fast-food restaurant on the property.

(D)

At the time the application is filed, a fee shall be paid by the applicant to cover the costs of processing the application. The amount of the fee shall be established by the Planning Board.

(E)

The Planning Board's decision (resolution) on the requested modification shall be sent to all persons of record in the hearing before the Planning Board and to the District Council. This decision may be appealed to the District Council upon petition of any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice. The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the file on the proposed revision, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. The District Council shall schedule a public hearing on the appeal or review. The Clerk of the Council shall give at least thirty (30) calendar days notice of the hearing to all persons of record and the Planning Board, all of whom shall be entitled to appear at the hearing. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the modification request to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a modification, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(5)

Recreational and social uses for multifamily dwellings.

(A)

The alteration, extension, or enlargement of recreational and social uses associated with certified nonconforming multifamily dwellings, for the sole use of residents and their guests, shall not be considered an alteration, extension, or enlargement of the nonconforming use. A Detailed Site Plan shall be approved for this use in accordance with Part 3, Division 9, of this Subtitle, prior to the issuance of any permits.

(6)

One-family detached dwellings.

(A)

The alteration, extension, or enlargement of a nonconforming one-family detached dwelling may be permitted and does not require a Special Exception provided that:

(i)

The modification conforms to the requirements of subparagraph (a)(1)(A), above;

(ii)

Development on the property (including the proposed modification) conforms to the lot coverage limitations of the zone in which the property is located; and

(iii)

Within a Chesapeake Bay Critical Area Overlay Zone, development on the property (including the proposed modification) conforms to any applicable requirements concerning impervious surface ratios, except as provided in paragraph (9), below.

(7)

Improvements to multifamily development.

(A)

In multifamily developments existing as of January 1, 1990, in the R-30, R-30C, R-18, R-18C, R-10, and R-H Zones, the following improvements do not require a Special Exception:

(i)

Fence or wall;

(ii)

Trash enclosure;

(iii)

Guard booth;

(iv)

Canopy;

(v)

Playground and outdoor play area for a day care center for children;

(vi)

Landscaping;

(vii)

Day care centers for children in multifamily units;

(viii)

Antenna, otherwise permitted in the zone;

(ix)

Equipment room for telecommunications located inside an existing building;

(x)

Day care center for children located within an existing free-standing building in a project in excess of one hundred (100) units, with a maximum of one (1) per project, provided that it is located in a "Hot Spot" as defined in State law or "Revitalization Area," it is operated by a nonprofit entity, and at least 50% of the children are residents of the project;

(xi)

New access or parking, if accompanied by a reduction of 30% or more in the number of bedrooms; and

(xii)

An increase of no more than ten percent (10%) in the gross floor area of a building, not to exceed 2,000 square feet of gross floor area, provided the increase is to allow for the enlargement of an existing area used for recreational purposes.

(B)

Such improvements shall conform to any applicable regulations in this Subtitle.

(C)

In Multifamily developments existing as of January 1, 1990, a Special Exception is not required for an Urban Farm in the R-18 Zone.

(8)

Screening requirements for vehicle repair facilities, vehicle towing stations, and vehicle storage yards.

(A)

The alteration of a certified nonconforming vehicle repair facility, vehicle towing station, or vehicle storage yard may be permitted by the Planning Board and does not require a Special Exception, provided the alteration is made to comply with the screening requirements set forth in Section 13-235 of Subtitle 13, and Section 4.4 of the Landscape Manual.

(9)

Chesapeake Bay Critical Area Overlay Zone.

(A)

Within a Chesapeake Bay Critical Area Overlay Zone, the alteration, extension, or enlargement of a certified nonconforming structure may be permitted and does not require a Special Exception, provided that all of the following provisions are met:

(i)

Lot coverage in the CBCA is the only nonconforming element of the subject property relative to the Chesapeake Bay Critical Area Overlay Zone in which it is located, and either all requirements of the underlying zone are met, or other provisions of Subsection (b) apply to the subject use;

(ii)

All structures contributing to the nonconforming lot coverage in the CBCA were in existence prior to July 1, 2008; and

(iii)

Development on the property (including the proposed modification) does not result in a net increase in lot coverage in the CBCA.

(10)

Nonconforming buildings, structures, or certified nonconforming uses in TDOZs.

(A)

Existing nonconforming uses, buildings, or structures which have become nonconforming as a result of the adoption of a Transit District Overlay Zone (TDOZ) may be enlarged in height without the necessity of obtaining approval of a Special Exception, provided the existing square footage of the structure is not enlarged or increased, provided further that it does not exceed applicable height limits set forth in the approved Transit District Development Plan.

(11)

Safety Improvements Required by the Commission.

(A)

A Special Exception shall not be required for safety improvements made to an existing certified nonconforming use pursuant to an executed agreement with the Maryland-National Capital Park and Planning Commission. The safety improvements shall be identified on the certified nonconforming use site plan.

(12)

Adaptive reuse of Community Building.

(A)

The renovation and adaptive reuse of a historic structure located within a certified nonconforming use multifamily development pursuant to a Historic Area Work Permit approved by the Historic Preservation Commission does not require a special exception for alteration, extension, or enlargement of the nonconforming use. Allowable modifications shall include, but not be limited to:

(i)

Reconfiguration of internal driveways, parking and drive aisles, provided the total number of parking spaces is not reduced;

(ii)

The construction of an addition to the historic structure including related sidewalks, entrances, and other site work.

(B)

Upon completion of the improvements proposed in accordance with Section 27-242(b)(12)(A), the owner shall be entitled to submit a revised nonconforming use site plan reflecting the improvements which shall be recertified by the Planning Board's authorized representative.

(C)

For purposes of this Subsection, the provisions of Section 27-330.02 shall also not apply.

(13)

Military Installation Overlay Zone. In the Military Installation Overlay Zone, alterations, extensions, or enlargements of uses, buildings, or structures considered nonconforming pursuant to the provisions of Section 27.548.53 may be permitted to allow modifications subject to Sections 27-255(c)(2) and 27-255(c)(3) of this Subtitle.

(14)

Digital Billboard.

(A)

The relocation, alteration, reconstruction, enlargement, or extension of a billboard in order to convert it into a digital billboard does not require a special exception, provided that it meets the requirements of Section 27-630.03.

(15)

Conveyance to a governmental agency for public use.

(A)

In the event that a conveyance of land to a governmental agency for public use pursuant to Section 24-107(c)(5) of this Code increases the nonconformity of an existing nonconforming use, such use does not require a special exception for any alteration, extension, or enlargement of the nonconforming use. Increases in nonconformity may include:

(i)

A reduction in net lot area of the property which is the subject of the nonconforming use;

(ii)

An increase in density;

(iii)

A reduction in green area;

(iv)

An increase in lot coverage;

(v)

A reduction of building setback from any new property line resulting from the conveyance; and/or

(vi)

A change that impacts any other design requirement or specification or which creates or increases any nonconformity of the buildings, structures or use.

(B)

Upon completion of the conveyance, the owner shall be required to submit a revised nonconforming use site plan reflecting the changes which result from the conveyance, which shall be recertified by the Planning Board's authorized representative.

(CB-41-1986; CB-72-1987; CB-33-1989; CB-11-1990; CB-65-1990; CB-30-1992; CB-104-1992; CB-7-1993; CB-88-1994; CB-70-1995; CB-24-1999; CB-95-2000; CB-18-2003; CB-1-2004; CB-40-2007; CB-76-2010; CB-30-2012; CB-76-2013; CB-42-2015; CB-84-2016; CB-91-2018)