Chapter 9.  Non-conforming Buildings and Uses

 

9.1      Maintenance Permitted

 

A nonconforming building or structure may be maintained.

 

9.2      Repairs and Alterations

 

Repairs and structural alterations, conforming to the provisions of this chapter, may be made to a nonconforming building or to a building housing a nonconforming use.

 

9.3      Additions, Enlargements, and Moving

 

A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area, or yard requirements shall not be added to or enlarged in any manner unless such addition or enlargement conforms or is made to conform to all regulations of the zone in which it is located.

 

9.4      Alterations Where Parking is Insufficient

 

A building or structure lacking sufficient automobile parking space in connection therewith as required by this Ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration or enlargement.  All parking spaces shall be on the site or adjacent to the site.

 

9.5      Restoration of Damaged Buildings

 

A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged by fire, flood, wind, earthquake or other calamity or Act of God, or the public enemy may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such damage may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion.

 

9.6      One-Year Vacancy

 

A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one (1) year shall not thereafter be occupied except by a use which conforms to the use regulations of the District in which it is located.

 

9.7      Continuation of Use

 

The occupancy of a building or structure by a nonconforming use, existing at the time this Ordinance became effective, may be continued.

 

 

 

 

 

9.8      Occupation Within One Year

 

A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one (1) year after the use became nonconforming.

 

9.9      Change of Use

 

The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.

 

9.10    Non-Conforming Use of Land

 

The non-conforming use of land, existing at the time this Ordinance became effective, may be continued, provided that no such non-conforming use of land shall in any way be expanded either on the same or on adjoining property, and provided that if such non-conforming use of land, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall conform with the provisions of this Ordinance.

 

9.11    Exceptions

 

The following non-conforming structures and uses shall be amortized over a period not exceeding that stated below, effective from the date of adoption of this Ordinance:

 

A.        Trash, junk, debris, or similar material shall be removed from any residential zone within six (6) months.

 

Non-conforming structures or uses not removed within the specified time, effective of the date of adoption of this Ordinance, shall be removed, following notification of land owner, by the Town of Rockville and the costs incurred by the Town in doing so shall be billed to the owner of the property or structure.