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(a) Any building or structure for which a building permit was issued and any use which was instituted, after December 31, 1958, shall not be regarded as a nonconforming use and may be structurally altered, repaired or enlarged in conformance with the requirements of the CBD zone in which it is located, so long as it remains an otherwise lawful use as previously allowed.
(b) Any building, structure or use which becomes nonconforming as a result of the reclassification of land from a non-central business district zone to any central business district zone except the CBD-0.5 Zone will not be subject to the provisions of sections 59-G-4.12, 59-G-4.13, 59-G-4.14 and 59-G-4.15 for a period of 7 years thereafter unless specifically regulated elsewhere in this Ordinance.
(c) Construction pursuant to a building permit validly issued and subsisting at the time of reclassification of the property to which it applies to any central business district zone shall be permitted, provided all necessary excavation and piers and/or footings of one or more buildings covered by the permit are completed not more than 6 months subsequent to such reclassification. Buildings and structures so constructed shall be considered nonconforming but shall not be subject to the provisions of sections 59-G 4.12, 59-G-4.13, 59-G-4.14 and 59-G-4.15 for a period of 7 years from the time of such reclassification.
(d) In the CBD-0.5 Zone, any building, structure, or use for which a valid building permit was issued prior to April 27, 1993, is conforming and subject to the following standards:
(i) Existing structures which exceed the standards of the CBD-0.5 zone. Structural alterations, repairs or reconstruction of such buildings or structures may proceed under the standards of the zone in effect at the time the building was constructed. However, such alterations, renovations or reconstruction must not increase the gross floor area existing or approved as of April 27, 1993 except as provided in subsection (f). In the case of reconstruction, if the existing building has a height greater than that allowed in the CBD-0.5 Zone, such height may be allowed but must not be exceeded.
(ii) Existing structures that do not exceed the standards of the CBD-0.5 zone. Structural alterations, repairs or reconstruction of such buildings or structures may proceed under the standards of the zone in effect at the time the building was constructed. However, such alterations, renovations or reconstruction must not increase the gross floor area existing or approved as of April 27, 1993 by more than the maximum available in the CBD-0.5 Zone or by 1,500 sq. ft., whichever is greater; no expansion beyond the standards of the CBD-0.5 Zone is permitted for those properties that adjoin land in a one-family residential zone; expansion of any structure will be subject to the requirements of the Adequate Public Facilities Ordinance.
(iii) Existing Uses. Any use, except those specifically regulated elsewhere in this Ordinance, which becomes nonconforming as a result of reclassification of land to the CBD-0.5 Zone will not be subject to the provisions of sections 59-G-4.13 and 59-G-4.14 for a period of 7 years following reclassification.
(e) Notwithstanding the provisions of subsection (a) above, multiple-family structures, if lawfully existing in any CBD zone prior to May 10, 1993, will not be considered nonconforming and may be repaired, reconstructed, or structurally altered as multiple-family dwellings in accordance with the provisions of this Chapter for the C-2 Zone in effect prior to March 23, 1976, so long as the floor area does not exceed what is in existence as of May 10, 1993.
(f) Notwithstanding any limitation or restriction established under subsection (a) above or under the development standards of the applicable CBD zone;
(i) An existing building may convert in whole or in part to a residential use.
(ii) Any building regulated under subsection (a) above that exceeds the development standards of the existing CBD zone may make facade improvements and expand lobby and public waiting areas so long as the gross floor area does not increase by more than 10 percent or 500 square feet, whichever is less.
(iii) Minor additions to a building may be permitted for purposes of meeting building and fire code requirements, so long as the addition is the minimum required to meet the code requirements as determined by the Director.
(Legislative History: Ord. No. 8-53, §§ 8, 9; Ord. No. 8-64, §§ 1, 2; Ord. No. 8-79, § 2; Ord. No. 8-89, §§1, 2; Ord. No. 9-45, § 1; Ord. No. 9-71, § 4; Ord. No. 9-74, § 6; Ord. No. 9-81, § 1; Ord. No. 10-6, § 1; Ord. No. 10-14, § 2; Ord. No. 10-15, § 1; Ord. No. 10-25, § 1; Ord. No. 10-26, § 2; Ord. No. 10-27, § 1; Ord. No. 10-51, § 1; Ord. No. 10-53, § 17; Ord. No. 10-75, § 2; Ord. No. 10-83, § 1; Ord. No. 11-14, § 5; Ord. No. 11-19, § 1; Ord. No. 11-20, § 2; Ord. No. 11-24, § 1; Ord. No. 11-38, § 6; Ord. No. 11-41, § 8; Ord. No. 11-46, § 1; Ord. No. 11-72, § 5; Ord. No. 11-73, § 5; Ord. No. 11-76, § 1; Ord. No. 11-77, §§ 1, 2; Ord. No. 11-84, § 1; Ord. No. 11-89, § 1; Ord. No. 12-1, § 1; Ord. No. 12-8, § 3; Ord. No. 12-9, § 2; Ord. No. 12-10, § 4; Ord. No. 12-25, § 1; Ord. No. 12-34, § 1; Ord. No. 12-35, § 1; Ord. No. 12-36, §§1-7; Ord. No. 12-38, § 1; Ord. No. 12-39, § 1; Ord. No. 12-46, § 4; Ord. No. 12-51, § 6; Ord. No. 12-68, § 3; Ord. No. 12-72, § 1; Ord. No. 12-75, § 6; Ord. No. 13-8, § 1; Ord. No. 13-20, § 1; Ord. No. 13-21, § 7; Ord. No. 13-30, § 1; Ord. No. 13-43, § 1; Ord. No. 13-46, § 5; Ord. No. 13-47, § 5; Ord. No. 13-50, § 2; Ord. No. 13-74, §1; Ord. No. 13-88, §1; Ord. No. 13-92, §1; Ord. No. 13-100, §§ 1, 2; Ord. No. 13-101, §§ 1, 2; Ord. No. 13-105, § 3; Ord. No. 14-4, § 2; Ord. No. 14-9, § 1; Ord. No. 14-10, § 3; Ord. No. 14-19, § 5; Ord. No. 14-20, § 1; Ord. No. 14-27, § 1; Ord. No. 14-35, § 1; Ord. No. 14-45, § 1; Ord. No. 14-47, § 1; Ord. No. 15-01, § 4; Ord. No. 15-03, § 2; Ord. No. 15-19, § 1; Ord. No. 15-24, § 1; Ord. No. 15-35, § 1; Ord. No. 15-54, § 7; Ord. No. 15-60, § 1; Ord. No. 15-77, § 5; Ord. No. 16-18, § 2; Ord. No. 16-25, § 2; Ord. No. 16-46, § 4; Ord. No. 16-58, § 1; Ord. No. 17-05, § 2; Ord. No. 17-11, § 1; Ord. No. 17-23, § 1; Ord. No. 17-37, § 1.)
Editor’s note-Sections 59-C-6.211(b), 59-C-6.235 and 59-C-6.236 are cited in Permanent Financial Corporation v. Montgomery County, 308 Md. 239, 518 A.2d 123 (1986). Section 59-C-6.215 is discussed in Montgomery County v. Singer, 321 Md. 503, 583 A.2d 704 (1991).