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Pocomoke City council extends nonconforming-use window from six to 12 months
Summary
The Mayor and City Council approved Ordinance 2026-09 to change the zoning code so a nonconforming use is preserved for 12 months of inactivity rather than six, aligning the city with neighboring jurisdictions; council adopted the amendment after a public hearing and counsel’s explanation.
Pocomoke City’s mayor and council voted to amend the city zoning code to extend the period after which a nonconforming use is forfeited from six months to 12 months. The ordinance (2026-09) was approved following a public hearing and legal explanation from city counsel.
Mister Luminotti, the city’s counsel, told the council that a “nonconforming use” refers to an existing lawful use that remains permissible even after zoning changes, so long as the use does not cease. “So there’s a lot of houses that before they were prohibited from being single from being multi family, were utilized as multifamily,” he said, and under the change “no building, structure or premises where a nonconforming use has ceased for 12 months or more shall again be put to a nonconforming use.” He said the amendment brings Pocomoke City in line with neighboring towns and counties and noted property owners can challenge any forfeiture determination.
Resident Ed Popchak, who identified himself as living at 1100 Cedar Street, urged the council to consider practical situations such as partially renovated homes or long-standing vacancies, saying there are properties in a “limbo” where owners are working toward reoccupying them. “I think that makes sense. Give them more time,” Popchak said, while also raising concerns about properties that have been vacant longer than the current six months.
Mayor (speaker 1) moved to adopt Ordinance 2026-09; the motion was seconded and the council called for the ayes. The motion carried in the recorded proceeding. Counsel noted during the hearing that the ordinance’s effective timing was anticipated by staff to fall in mid‑2026.
The ordinance revises chapter 230, article 4, §230‑15 by replacing “6” with “12” in the subsection that governs termination of nonconforming uses. Council members and staff said the change is intended to reduce hardship on property owners and to mirror the 12‑month periods used by surrounding jurisdictions.
