Public commenters urge longer vacancy window as planning commission backs 12‑month extension
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Summary
After public comment from property managers worried about housing affordability, Pocomoke City planning commissioners supported changing the local ordinance to extend the allowable vacancy period for nonconforming uses from six to 12 months and clarified that code applies when an entire building is unoccupied.
Pocomoke City planning commissioners voted to recommend changing a local ordinance to extend the period before a nonconforming use is deemed discontinued from six months to 12 months, after members of the public urged the change to protect affordable rental housing.
Staff introduced the referral from the mayor and council, saying neighboring jurisdictions and counties allow a 12‑month window and that the change would give property owners more time to repair or sell properties after damage, probate, or other delays. "We've been getting a lot of comments, a lot of phone calls, a lot of emails about the 6 months not being enough," staff said.
During public comment, Kelly Miller of Decatur Property Management described rental applicants the company has had to turn away because homes are unaffordable; she urged the commission to consider policy changes that preserve affordable units. Miller read a statement from Carrie Foster of Decaturborough Realty arguing the six‑month conversion rule forces duplexes to be converted back to single‑family houses, which reduces affordable rental stock and creates financial hardship for owners. Miller said lengthy probate and multi‑owner transfers are common local barriers that can take more than six months to resolve.
A resident asked whether the code treats a building with one tenant vacant as converted; staff clarified the ordinance applies when the whole building is unoccupied and utilities are off. Staff also noted extensions can be granted depending on circumstances, and commissioners discussed statewide activity on ADUs and middle‑housing bills as context for local policy.
After discussion and public comment the commission voiced support to recommend extending the discontinuance period to 12 months; the motion passed by voice vote with no opposition recorded. The recommendation is advisory and, if advanced by the mayor and council, would change the town’s approach to vacancy and nonconforming uses going forward.
