Md. Code Regs. 27.01.02.07

Current through Register Vol. 51, No. 9, May 3, 2024

Section 27.01.02.07 - Grandfathering

A. After program approval, local jurisdictions shall permit the continuation, but not necessarily the intensification or expansion, of any use in existence on the date of program approval, unless the use has been abandoned for more than 1 year or is otherwise restricted by existing local ordinances. If any existing use does not conform with the provisions of a local program, its intensification or expansion may be permitted only in accordance with the variance procedures outlined in COMAR 27.01.11.

B. Local jurisdictions shall establish grandfather provisions as part of their local Critical Area programs. Except as otherwise provided, local jurisdictions shall permit the types of land described in the following subsections to be developed in accordance with density requirements in effect prior to the adoption of the local Critical Area program notwithstanding the density provisions of this chapter. A local jurisdiction shall permit a single lot or parcel of land that was legally of record on the date of program approval to be developed with a single family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of the approved local program.

(1) Any land on which development activity has progressed to the point of the pouring of foundation footings or the installation of structural members;

(2) Any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985, and land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval prior to June 1, 1984, provided that:

(a) The local jurisdiction develops, as part of its program, procedures to bring these lands into conformance with the local Critical Area program insofar as possible, including the consolidation or reconfiguration of lots not individually owned, and these procedures are approved by the Commission, or

(b) If any such land has received a building permit subsequent to December 1, 1985 but prior to local program approval, and is located in a resource conservation area, that land shall be counted by the local jurisdiction against the growth increment permitted in that area under COMAR 27.01.02.06A, unless the Commission determines at the time of program approval that steps had been taken to conform the development to the criteria in this subtitle insofar as possible;

(3) Land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval between June 1, 1984 and December 1, 1985; and

(4) Land that was subdivided into recorded, legally buildable lots, where the subdivision received the local jurisdiction's final approval after December 1, 1985, provided that either development of any such land conforms to the criteria in this subtitle, or the area of the land is counted by the local jurisdiction against the growth increment permitted under Regulation .06.

C. For purposes of implementing this regulation, a local jurisdiction shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of development areas described in this chapter.

D. Nothing in this regulation may be interpreted as altering any requirements for development activities set out in COMAR 27.01.03 and 27.01.09 of this subtitle.

Md. Code Regs. 27.01.02.07